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

June 12, 2005

some sunday dim sum

Filed under: pre-06-2006 — David Giacalone @ 7:56 pm

 



Savoring “dim sum” with friends on a lazy Sunday has always been

a special treat for me.  The four poets in the Route 9 Haiku Group —

Yu Chang, John Stevenson, Tom Clausen, and Hilary Tann, have a 

monthly dim sum feast, while sharing and editing their haiku.  The 

result is their biannual journal, Upstate Dim Sum.  Thanks to Tom

Clausen, I have the most recent edition right here on my desk.  It

is a handsome volume, with 36 pages of haiku and senryu.

 

Please enjoy a course or two with me and our Honored Guests,

from Upstate Dim Sum (2005/I):

 

 


just long enough

to leave an impression

dragonfly

 

 

 

 

 

 

 

 

 

planting bulbs

the ring I gave you

in sunlight

 

                 Yu Chang

 

 






dying light

at the corner of the shed

chickens peck away

 

 

 

 

erasing

 

 

 

 

big test day

she scrambles an extra egg

for his breakfast

 

 

               Tom Clausen

 

 

 

 

butterfly,

I hate

my job

 

         John Stevenson





 













mid-river there’s

one duck quacking —

dateless saturday night

 

                 [June 12, 2005]

potluck


tiny check  Count Me Out:  Talk Left is encouraging its visitors

to sign a petition proclaiming “Howard Dean Speaks for Me.” 

(Read more about the unrepentantly controversial Dean, here,

in today’sWashington Post., “Dean Urges Return to Moral

Values”)  

 

erasingS Here’s my petition (yet again) to Howard Dean: 


“You were chosen because of your fresh ideas

and your affinity with youthful voters.  We ‘adults’

in the Democratic Party would like you to start

stressing Ideas, rather than merely being fresh.

Arguing like a 20-something is not going to return

our party to a winner in presidential races.  Yes,

stress values, but don’t bury them under the mud

of silly name-calling.” 

 

June 11, 2005

bashful batters? seventh-inning kvetsch?

Filed under: pre-06-2006 — David Giacalone @ 9:25 pm

.. . .  potluck

tiny check (Ex-)Judge Coleman’s Comeback:  I haven’t thought about former
Albany, NY, City Court Judge, Cheryl F. Coleman since she inglor-
iously resigned from the bench last summer.  But, this evening, brief
ads announcing her comeback appeared on our local ABC tv news
affiliate, WTEN.  The commerical calls her an award-winning defense
attorney and prosecutor and ends with ”if you need a winner, she’s a
fighter who’ll fight for you.”  Cheryl Coleman’s story is a good object
lessons for lawyers trying to find their place in the legal profession:  Do
what you enjoy and are good at, not what you (or others) think is
the right career move, or the badge of success.
ooh Coleman became a judge in January 2002.  By March 2003, she was
in the news for, in the words of the Commission on Judicial Conduct,
“improperly assert[ing] the prestige and influence of her judicial office
during a personal dispute between respondent and four women at a
[rock] concert at the Pepsi Arena in Albany, which resulted in the
arrest of the four women.”  Meanwhile, courthouse hands were compiling
a litany of tales about the rude and intemperate conduct of the testy ex-
prosecutor on the bench.  The CJC complaint said that, in one incident,
“during the course of an arraignment of a defendant on felony and misde-
meanor charges, respondent was impatient, discourteous and undignified
toward the defendant, and summarily sentenced the defendant to 300 days
in jail for ten counts of contempt.”

boxerSignNF Faced with formal charges, Judge Coleman tendered a Letter of Resignation
on June 10, 2004, and a Stipulation was filed that same day, which was
accepted and the proceeding discontinued on June 21, 2004 (see Stipulation,
with Letter, Decision).  Until Googling tonight, I had never seen Coleman’s
Letter of Resignation.  Although she doesn’t admit to any wrongdoing or
even mention the charges, Coleman engages in embarrassing soul-searching
about the traits that made her a good lawyer but not a good judge. After
talking about “qualities which had made me so successful as a lawyer,”
Coleman states:

“In the beginning, my instinct was to confront, to cross-examine,
and to meet disrespect with sarcasm or confrontation. My inability
to back down when confronted, both on and off the bench, made
some question whether I was right for the job

“Over the last several months, I have made peace with myself by
acknowledging who I am, and who I am not. I am not a judge;
Not really.”

boxerSignN I hope Commission Counsel didn’t demand such public self-assessment.
I can’t believe Coleman’s veteran defense lawyers would advise her to say
such things in a Letter that would be made public and placed on the internet.
They do not seem to be words that would help rebuild a career as a tough-
minded criminal defense lawyer.

I wish Cheryl Coleman well as she attempts to return to practice doing what
she does best.   I wish she had never given in to the temptation (whether from
outside or within) to be a judge.  Let’s hope other lawyers will learn from her
mistake.

Meanwhile: ooh
I must be suffering from BBS — Bashful Blogger Syndrome.  I just can’t seem to
start writing the piece that’s been sloshing through my mind all day on potty parity
and the new requirements for public restrooms in New York CIty.  (click here to
hear yesterday’s All Things Considered on the Women’s Restroom Equity Act,
June 10, 2005; see Newsday, “Bloomberg signs potty parity bill,” June 6, 2005)
Just in case you hate waiting as much as the supporters of WREA, I’m posting a
trio of haiku/senryu featuring baseball, by Barry George.
curving left
oh! curving even farther left
the whiffle baseball
retired Reds scout –
still eyeing the field
through dark glasses
restrooms
my nephew’s fastball –
I hand back his glove
and keep the sting
“curving left” – Modern Haiku 23.3
“retired Reds scout” – Mayfly #23
“my nephew’s fastball” –  bottle rockets #11






flea market —
dog and master
marking territory
[June 11, 2005]




dagosan’s scrapbook — June 2005

Filed under: pre-06-2006 — David Giacalone @ 9:50 am

 


– 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 –


 


 


















a piroutte

in her new swimsuit —

standing ovation

 

 

 

 


the tailgater 

won’t budge —

my middle finger twitches

 

 



[June 30, 2005]

 

 

 

 

 

 

 

 

 

 

awakened

by summer sweat —

you’re still gone



 

 

 

 

 

 

one week without

booming bass below —

the blare of “Jeopardy”


          [June 29, 2005]

 

 

 

 

 


looking

for a wedding ring —

seeing she has one

 

 

 

 

 

 

 




sticky, hot and hungry:

five politicians

at my front door

 

[June 28, 2005]

 


 


 


one bee and

a gardenful of roses —

on line at the ice cream truck

 

 

[June 27, 2005]




 

 






windows open —

the neighbor’s hound pup


alone and howling

 

[June 26, 2005]

 

 

 

 

 

 






95 degrees

the refrigerator

sweats, too

 

 

 

 

 

 

 

 



perspiration rolls

across flat abs —

her innie

 

 

[June 25, 2005]

 

 

 

 


moving day —

house and kids

left behind

 

 

 

 





winding road 

under the influence 

of a strawberry moon

 

 

[June 24, 2005]

 

 

 

 

 

 

 

 


stuck behind a school bus

two yellow jackets

hitch a ride

 

                               [June 23, 2005]  

 

 

 

 

 

 


too much tongue

the taste

of the popsicle stick

 

 

 

 

 

 

 

 

 

one-minute

gully washer —

the car’s still dirty

 

 

                               [June 22, 2005]  

 

 

 

 

 

 

 



summer solstice:

there’s no

shady side of the street

 

 

 

 

 

 

 






trying to write

one new haiku —

a giant wasp circles my head

 

  [June 21, 2005]   



 

 

 

 

 

 


one hawk glides

over I-90 —

tires find the rumble strip

 

[June 20, 2005]

 

 

 

 

 

 

 

 

stooping to find

the dropped pill — 

the bachelor’s unwashed floor    

 

                          [June 17, 2005]     

 

 

 

 

 

 

 

 

 







forgetting the name

of the pretty one —

the tip of my tongue

 

                                [June 16, 2005]   

 






 

 

 

 

 

 


from nextdoor,

“go play outside!” —

a wasp skims our bedside lamp 

 

                                        [June 15, 2005]

 

 

 

 

 

 

 

 



the fireflies

are no-shows —

mosquitos keep working




 [June 14, 2005]

 


the pretty girl’s

sunburnt face —

bald spot under my straw hat

 

 [June 12, 2005]

 

 

 

 

 

 

 

 

 

mid-river there’s

one duck quacking —

dateless saturday night

 

                 [June 12, 2005]

 

 

 

 

 

 

 




flea market —

dog and master

marking territory

 

           [June 11, 2005]  

 

 

 





 

 

 

 

her perfectly-displayed

      navel*

trying not to stare

 

               [June 10, 2005

 

 

 

 

 

 

 

 

 

 

mid-June midnight

twenty degrees cooler

outside her house

                               [June 8, 2005]  

 

 





 


 


 


june morning

clammy pajamas

before the alarm

 

 

 

 

 

 

 



june evening

the thunderstorm

cools things down


             [June 7, 2005]





 

 

 


my eyes blur —

dandelion clocks

make sidewalk clouds                

                                     [June 5, 2005]

 


 


 


moonless night 
on the river 
the Goodyear Blimp floats by


          [orig. July, 2004; edit June 5, 2005]


 


 


 


the delivery truck’s late –

hungry birds

chirping all day   

 



                      [June 3, 2005]

 

 

 

 







the screwdriver slips —

freon hissing

through freezer frost  

 



[June 2, 2005]

 

 

 

 

 

 

 

 

 

 

 


surprise gifts

on a June morning —

smiles for the tardy Santa


                          [June 1, 2005]

June 10, 2005

speaking of advertising

Filed under: pre-06-2006 — David Giacalone @ 1:53 pm

 



city lights —

the brightest are all

selling something

 

 

 







dawn

before there is any

tune in my head

 

 


 

 




 

 




season’s end

another crop

of realtor signs

 

 


 

 


 







  • by dagosan                                               










her perfectly-displayed

      navel*

trying not to stare

 

               [June 10, 2005]  

 

 

 

salependingG  potluck


tiny check Aaron at The Stopped Clock is trying hard to stop the (chronic)

over-hyping of weblog statistics (this time, by lawyers). (via C&F)  Evan

Schaeffer adds his spin. 

 

tiny check Mike Cernovich is writing about NJ lawyers who would prefer

not to get publicity. (see our prior post on Omerta in New Jersey)




 

 

“You can tell the ideals of a nation

by its advertising.”

 

                    – Norman Douglas

                      via May It Please the Court

 

                                                                                       salependingN

June 9, 2005

weblogs aside, when is a lawyer advertising?

Filed under: pre-06-2006 — David Giacalone @ 7:33 pm

podiumF It was great to see all the support generated yesterday for Ben Cowgill’s battle with the Kentucky Attorney’s Advertising Commission. But, Evan Schaeffer is correct — we need to act like lawyers when approaching the issue of whether and when a lawyer’s weblog constitutes advertising that falls within attorney discipline rules.

Before taking on the advocate’s role, a lawyer who wants to know whether certain activity comes under a rule should first ascertain what the rule covers — using traditional statutory construction techniques and precedents — and then compare the activity in question with the covered activity. Especially where it is speech that it is being regulated, the scope of regulation needs to be well-defined.

Here, we need to know what the regulators mean by “lawyer advertising.” Using Biz-Pop Psych mumbo jumbo about all self-promotion or content being “advertising” is neither lawyerly nor helpful. (It’s almost like saying that your local Highway Dept. has authority over the internet because we use the “information highway” metaphor.) Don’t go down that road just because a pied-piper professor wants to take you there. Just about everything every human being ever does is, in some sense, self-promotion. Advertising is a subset of that larger category.

announcer I believe — as explained below, and confirmed by common sense — that advertising is communication that is attempting to sell products or services, by giving information about the provider or his/her/its services. It is not communication by or from a provider that is aimed at educating, or entertaining, provoking, persuading (etc.) the recipient on a topic other than choosing or using the provider’s services. This means, of course, that some parts of a particular item or source of “communication” may be advertising while other parts of the same source are not (e.g., a newspaper, tv broadcast, or even a weblog).

When asking what lawyer discipline rules mean by “advertising,” it makes sense to look at the section-heading under which the rule in question falls, any explicit definitions, the actual text of the rules, relevant commentary, and any guidance that might come from other parts of the regulatory scheme. Let’s look at the current ABA Model Rules. Rule 7.2 directly addresses lawyer advertising, subject to additional limitations in Rule 7.1 and 7.3. Let’s see what Rule 7 tells us about the intended scope of lawyer advertising Rules (emphases added): Rule 7 and all of its subsections are captioned “Information About Legal Services.” Rule 7.1 is denominated “Communications Concerning a Lawyer’s Services” and it states: “A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services.” The first Comment to Rule 7.1 says:

[1] This Rule governs all communications about a lawyer’s services, including advertising permitted by Rule 7.2. Whatever means are used to make known a lawyer’s services, statements about them must be truthful.

Rule 7.2 is denominated “Advertising.” It begins “Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services. The first Comment to Rule 7.2 starts:

[1] To assist the public in obtaining legal services, lawyers should be allowed to make known their services not only through reputation but also through organized information campaigns in the form of advertising. Advertising involves an active quest for clients, . . .”

Rule 7.3 is demoninated “In-Person Contact with Prospective Clients.” It starts: noSolitS

“A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain . . .”

Note: Washington, D.C. has decided to eliminate totally Rules 7.02 and 7.03. It relies instead on Rule 7.01 to cover all Communications Concerning a Lawyer’s Services” — including advertising. It has, however, incorporated the first Comments under Model Rules 7.02 and 7.03, excerpted above, in its Comments to Rule 7.01.

Plainly, the Model Rules are focused on communications that are directly attempting to tell the public about a lawyer’s services or competence in order to entice them to use those services. The Model Rules do not have a separate definition for “advertise.” That clearly suggests that the common meaning is intended:

“To make public announcement of, especially to proclaim the qualities or advantages of (a product or business) so as to increase sales.” (The American Heritage Dictionary, 4th Ed., 2000)

That common meaning is very consistent with the Comment to Rule 7.2, which equates advertising with “an organized information campaign” and an “active quest for clients.” The older Code of Professional Responsibility (used in New York) has a similar thrust. DR 2 101 on “Publicity and Advertising” prohibits “false, misleading or deceptive” communications, and “puffery, self-laudation, or claims regarding the quality of the lawyers’ legal services.”

noYabutsSN If I’m beating a dead horse, it’s because so many observers seem to be ignoring it. My conclusion about the scope of “advertising” under the Model Rules is underscored when we look at the broader picture of the Rules — most important, at the Preamble, which is a list of “The Lawyer’s Responsibilities.” Responsibility No. 6 begins:

“[6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education.”

A reading of the word “advertise” to include efforts by a lawyer to educate the public or seek improvement of the law would make no sense — even if such tasks by their very nature may enhance a lawyer’s reputation and indirectly gain clients. It would be counter-productive, if not impossible — given what we know about the mixed motives of human beings — to attempt to figure out the strategy behind a lawyer’s legal scholarship, CLE and public education activites, volunteer services, or reform efforts. The Advertising Rules are there to prevent injury to the public, not to play “Gotcha!” with a lawyer’s motives.

What about Kentucky? Kentucky has explicitly defined what it means to “advertise:”

7.02 “advertise or “advertisement” means to furnish any written, printed or broadcast information or any other communication containing an attorney’s name or other identifying information, except . . .

not equal black This seems much broader than Model Rules cited above. However, as Evan Schaeffer has noted, the exceptions are the sort that show the importance given to scholarship, education, and publishing. (Unfortunately, self-published communications are not given an explicit exemption.) If I were trying to show the intended, limited scope of Kentucky’s lawyer advertising rules and definition, I would point out to the Advertising Commission and its Board that Kentucky’s Rules of Professional Conduct contain all the other limits on the definition of advertising discussed above (with their focus on communications about the lawyer’s services). To wit,

These limits should be properly read into the definition as it is applied by KAAC.Perhaps it’s time for KAAC to use its powers under Rule 7.03(e)(1) to “Issue and promulgate regulations and such forms as may be necessary, subject to prior approval by the Board [of Governors],” so as to better delimit the definition of “advertise.” Priority might be given to treatment of materials that on their face do not have as their primary purpose the “active quest for clients.”

What about Weblogs? It’s been a while, so let me repeat my conclusions above about the definition of advertising:

announcer I believe — as shown above and confirmed by common sense — that advertising is communication that is attempting to sell products or services, by giving information about the provider or his/her/its services. It is not communication by or from a provider that is aimed at educating, or entertaining, provoking, persuading (etc.) the recipient on a topic other than choosing or using the provider’s services. This means, of course, that some parts of a particular item or source of “communication” may be advertising while other parts of the same source are not (e.g., a newspaper, tv broadcast, or even a weblog).

As I often point out about weblogs, they — and their proprietors — are too different to be subject to just about any blanket rule concerning content or intent. The question “is a weblog advertising?” is, therefore, not very helpful. It should instead be “when is a weblog, or any of its parts, advertising?” My conclusions above suggest that it is not simply a matter of asking if a lawyer started or is continuing her or his weblog mainly in the hope of someday having more clients, due to a display of expertise (or even personality). Nor is it a matter of which weblogs are optimized to attract the most search engines. A post that is purely informative or entertaining is not an ad. A post that is filled with puffery and self-laudation (about one’s law practice, not one’s kids or dogs), might indeed be an ad. One that specifically says “I’m offering XXX service,” clearly fits the ad rubric.

podiumF In the Kentucky Bar Association Ethics Opinion E-403 (1998), the homepage of a law firm’s website was compared to its yellow pages ad or firm brochures. Perhaps, for the weblog of a particular lawyer, only the About page provides information in a way that is touting the lawyer’s experience, competence or wares. Her homepage may incidentaly demonstrate the lawyer’s skills and qualities by its content and presentation, but that does not turn it into an ad

So, guess what, lawyers? We have to use our skills of analysis and persuasion, when arguing that a weblog, or parts of it, is or isn’t advertising. Simplistic vents or knee-jerk protectionism or paranoia won’t do.

update (June 12, 2005): There’s a good discussion at PrawfsBlog on applying lawyer advertising rules to weblogs. It started with Dave Hoffman’s apt argument that weblogs as weblogs do not deserve a blanket exemption simply because webloggers deem themselves to be so exceptional. I’ll think to that!

afterthought (June 13, 2005): My Comment at PrawfsBlog makes a point worth repeating here: Some parts of a law firm’s Newsletter (whether an on-line or print edition) may be “advertising,” because they tout the firm’s expertise or successes. Nonetheless, the sections that are merely case summaries, legislative updates, or tips to clients should not be treated as advertising (subject to accuracy and deception tests) — and, emphatically, each separate info blurb, or “article” within the Newsletter should not be taxed with its own $50 filing fee.

first things first – haiku & lawyer boycotts

Filed under: pre-06-2006 — David Giacalone @ 1:51 pm

There was far too much lawyer stuff on this weblog yesterday. 

Dagosan didn’t even pen any haiku or senryu.  Before we get

carried away today with whether or when weblogs constitute

advertising, here are three of my favorites from George Swede:

 


town dump

two magpies jabber

on an old brass bed

 

 

 

 





in the old elm’s shade

the black cat opens one eye

sunspot on its tail

 

 

 









used bookstore

a sunset beam lights a row

of forgotten authors

 

 

 

George Swede from Almost Unseen (Brooks Books, 2000) 

 

 

 







  • by dagosan                                               









mid-June midnight

twenty degrees cooler

outside her house

                               [June 8, 2005]  

 potluck


tiny check Many Massachusetts Bar Advocates have no shame: they are willing to  jailbird neg

publically break the antitrust laws, and disrupt the judicial process, in order

to coerce the State to raise their assigned counsel fees.  Some of them have

started another per se illegal joint boycott, refusing to take cases of indigents

charged with murder. (see Boston Globe article, June 8, 2005).  They’ve been

egging themselves on, at their Yahoo Group website, since April — talking

about taking “summer vacations” again (like last year’s boycotts), with the chant

of “NNC!” (“No New Cases!”).  Sadly, the Massachusetts antitrust law does

not apply to regulated professions.  However, the Bar Advocate conduct here 

clearly falls within FTC v. Superior Court Trial Lawyers Assn. (493 U.S. 411,

1990), and the recent FTC Clark County [WA] Lawyers matter.   Indeed, group

boycotts aimed at raising prices are criminal offenses under the Sherman Act.  If

the FTC or the Department of Justice do not take action very soon, I hope some

antitrust plaintiffs’ lawyers will take on this case on behalf of the taxpayers of

Massachusetts. 




  • Last year’s boycott got the Bar Advocates a 25% fee hike. 

    A major Legislative Report, in April, recommended 50% more

    over three years. [see post]  The Bar Advocates want more, now.




  • We’ve been covering this topic for the past two years. See, e.g.,

    here and here.


launched it with a letter to the Department of Justice and FTC that praises their

activities in residential real estate industry; advises them of AAI’s new project, to

be headed by AAI Senior Fellow Norman Hawker; questions the linkage of brokerage

commissions to house sale prices; and announces a real estate competition symposium

in the Fall.

June 8, 2005

prof. bainbridge should concur, not dissent over ads

Filed under: pre-06-2006 — David Giacalone @ 8:42 pm


Professor Bainbridge weighed in on weblogs as advertising and thinks my distinction between

advertising and publicity, self-promotion, or public relations is “pretty tenuous.”  [See my post

yesterday, “KY says every weblawg post is an ad.”] Since Prof. B is trained as a law professor, I

can forgive him for focusing on where he thinks I’m wrong.  Since I am trained as a mediator, I

hope he won’t mind my pointing out that our positions are not very far apart, if at all.

 

bainbridgePix Prof. B has pared down my quote a lot.  It was first made in a post in which I was

responding to J. Craig Williams’ assertion that weblogging is advertising. I was accepting

arguendo Craig’s position that lawyers have weblogs to get attention, and I was trying to bring

more precise language into the conversation.  The main point of my using the quote again last

night can be found in the rest of the quotation — where I feared that Craig’s blanket lumping of

weblogs into the category of advertising would force some lawyer some day to have to convince

Bar Counsel that his weblog was not “advertising advertising.”  [Good prediction.]

 

I also noted that Craig’s definition would make most of the words ever written or spoken “advertising.”  

Prof. B’s notion that “self-promotion = advertising” has the same weakness.  It turns op/ed pieces,

law review articles, casebooks, CLE presentations and much more into “advertising.”  When one

is trying to decide whether a communication should be regulated as “advertising,” it seems to me

that we should be trying to limit that term, by showing that it is a very distinct subset of self-

promotion — rather than publically equating all self-promotion with advertising.  By doing so,

Steve Bainbridge gives Kentucky regulators ammunition for bringing virtually all weblogs into

the category of regulated advertising.

 

Now, I know Prof. B. doesn’t want that result.  We both agree that some weblogs might well be

considered advertising, and that it is largely a matter of the lawyer’s intent, much of which will

be demonstrated by the content of the weblog.  However, I do not believe that everything a lawyer

does to enhance his or her reputation is advertising, nor that most weblogs written by lawyers are

advertising.  More important, I do not believe that every post in a weblog should be treated as a

separate ad.   That is especially true when Kentucky requires a $50 filing fee for every instance of

advertising and every change in an advertisement.





  • Could you imagine how many Tip Jars and Pledge Weeks our   coin plate

    mendicant Professor B. would have on his site, if every posting

    cost him $50??  And, could he fit any more BlogAds?

Yes, I was exercised yesterday, when I wrote about Ben Cowgill’s situation.  But, it was not

because I believe weblogs deserve a blanket exemption from advertising regulation. [I am not

a “blanket exemption” kinda guy, nor someone who does not see nuances or reason.] I wrote

because




  1. Kentucky’s advertising regulators have been asserting that a weblog is advertising

     — not that it could be advertising.




  2. Ben Cowgill’s Legal Ethics Blog is as far from being an “advertisement” as any weblog

    that discusses law could be.





  3. Kentucky’s extremely broad definition of “advertise” [Rule 7.02 ], together with its

    $50 fee [ Rule 7.05 (b)] for every posting would not simply be regulating weblogs,

    it would put them out of business. 

fedupski  I’m willing to bet that Steve Bainbridge agrees with much of what I just said.  I hope

I have not distorted his position.   We both agree that there is too much regulation of lawyer

advertising — see here, here, and there.  We both agree that — no matter what it is called — much

self-promotion (including much on weblogs) should not be regulated as lawyer advertising.   I

hope he agrees with me that Ben Cowgill’s Legal Ethics Blog is much more a public service than

an advertisement.

 


update (June 9, 2005 11 PM):  In a post today, I’ve gone more deeply into when a lawyer is advertising

for the purpose of the Rules of Professional Conduct.  Meanwhile, Stu Levine has landed a big one,

with his portrayal of  Prof. Bainbridge as Charlie Tuna, aptly explaining just why all self-promotion

is not advertising.  Bringing up the rear:  Having just seen Prof. B’s  latest update to the above-linked

posting, I am of the mind to suggest he read my lament yabut vs. ellipses.

 

                                                                                                                                                                                 approxS

we are blawggers — hear us roar

Filed under: pre-06-2006 — David Giacalone @ 12:42 pm

Thirteen hours ago, just after 10 PM last night, I emailed a bunch of weblawggers

to alert then to Ben Cowgill’s tussle with the Kentucky Attorney’s Advertising

Commission over whether weblogs are advertising and every post requires a $50

filing fee.  (see our immediately–prior post).  I asked them to spread the word about

this problem — which would kill nonymous weblogging by Kentucky lawyers.  Within

minutes, Howard Basman blurbed it, which is always a great start to amy information

campaign.  Within the hour, Monica Bay devoted significant space, in a post called

“Cluless,” Dennis Kennedy discussed lawyer-bloggers and ad regulation, offering Ben 

his assistance, and  Eugene Volokh wrote an extensive piece on the free speech issues.  

 

By the time I got back to my laptop this morning, the following webloggers  black envelope

had also weighed in (find more at the foot of this posting):


Larry Ribstein – “Blogging and commercial speech” 

Evan Schaeffer – “KY Lawyers Welcome Here”

John Steele – “Ben Cowgill’s Troubles with the Kentucky Bar: Is a Blog an Ad?”

Bob Ambrogi – “Free Ben Cowgill”

Walter Olson – “Every law-blog post an advertisement?”

Stu Levine – “Nobody’s Really THAT Stupid”

Ken Lammers – “Blog not an ad”

Shubha Ghosh – “Billboards on the Virtual Highway?”

Evan D. Brown – “Controversy over legal blogging in Kentucky”

That’s at least thirteen in thirteen hours. This is exactly the response I had hoped for

and expected — vigilance, empathy, and the vital offering of unique perspectives.

Where else but the blogosphere could or would you find such quick, informative,

accessible responses from so many parts of the legal profession?   Nowhere. 

 

The above posts are not advertising.  I will be collecting the links and sending them on


 



 








crossing the grasslands

eight hundred miles

of burma shave signs

 

 

 

 

                first light

   the anchorman announces,

           “another tragedy”

 

 

 





 

writers block

a fly & it’s shadow

lifting off the empty page

 

 



 

fridgeNotes  Ed Markwoski,

 “writer’s block” from  Haiku Sun  (Issue X, Jan. 2004) 

 

update  (June 8, 2005):   I’m going to add more posts on this topic, as I find them.

(Yes, I do love TrackBacks and Technorati.):


George Wallace – “Oh, the Sun Goes Dark for Them Ol’ Kentucky Blawgs”

Stephen Albainy-Jenei –  “Is a Blog an Ad in KY?” [Patent Baristas]

Steven Bainbridge – “Blogging as Advertising?” (he dissents, I reply)

Carolyn Elefant – “Support Freedom of Lawyer Blogging in Kentucky”

 

lowdown (June 9, 2005):  Sorry.  I have not been able to keep this list complete.

Chronic Fatigue Syndrome is a cruel  master — especially, when you try to work

intensely and long (which is why I decided to stop practicing law in 1997). 

 

 

update (June 9, 2005 11 PM):  I’ve gone more deeply into when a lawyer is advertising

for the purpose of the Rules of Professional Conduct. 

June 7, 2005

Kentucky says every blawg post is an ad

Filed under: pre-06-2006 — David Giacalone @ 9:48 pm

Ben Cowgill is fighting for the life of his Legal Ethics Blog and for the future

of lawyer weblogs in the State of Kentucky.  As insane as it may sound to

the rest of the legal community — and especially to webloggers — the Kentucky

Attorney’s Advertising Commission has taken the position that a weblog is

an advertisement.  That’s particularly deadly to the existence of a KY weblog,

because Rule 7.05 (b) of the KY lawyers’ code requires a “A filing fee of $50.00

for each advertisement” and for every change in the advertisement. [A pretty

good excuse for turning off the Comments section!]

 

dead end sign n At the core of this problem is Rule 7.02 of the Kentucky Code which

says:


7.02 “advertise or “advertisement” means to furnish any written,

printed or broadcast information or any other communication

containing an attorney’s name or other identifying information,

except [for instances not relevant to weblogs]. 

When J. Craig Williams asserted that blogging is advertising back in January,

f/k/a warned that something like this was going to happen:



Calling weblogs advertising can only confuse the meaning of

both terms.  As viewed by Craig in his post, I believe weblogs

should more precisely be deemed publicity, or self-promotion, 

or public relations.  They are not “advertising” as the term

is commonly used, and  I can see nothing to gain from blurring

the concepts.  We don’t want to have to explain “Well, Ms. Bar

Counsel, my weblog is advertising according to MIPTC, but it’s


 

As Wikipedia succinctly says: “Advertising is the paid promotion

of goods, services, companies and ideas, by an identified sponsor.” 

Craig’s definition would make most of the words ever written or

spoken “advertising.”



  • Beyond what I said in January, I want to make clear that 

    Ben’s weblog, like many other quality sites, shouldn’t even

    be called publicity or public relations.  It is clearly a public

    service to lawyers and layfolk.  It may, and should, enhance

    his reputation, but it should not be “taxed” out of existence.

Patent Baristas joked about the problem of calling a weblog an ad.  But,

Ben Cowgill isn’t laughing, and neither are the other Kentucky lawyers

who are waiting for his test case to be resolved before launching their

own weblogs.

 

Ben’s battle has kept him from posting for over a month.  As he explains  boxerSignN

in his post tonight, he is now in the final stage of his battle to convince

the Commission to take a more reasonable stance.  We’ve got a lot of

good legal minds in the blawgiverse.  I think we should all contact the

Advertising Commission, using the contact information on their webpage. 

Tell them why the strict (and nonsensical) reading of Rules 7.02 and 7.05

is not necessary, will harm lawyers and the public in Kentucky, and may

violate a few constitutional rights.

 


p.s. This is so important, I’ve rushed it to press without

finding any suitable haiku accompaniment.  Maybe tomorrow.

 

midnight update:  how’s this one from Issa?

 







the village dog
suddenly disapproves…
the scarecrow

  ISSA, translated by David G. Lanoue


update (June 8, 8 PM):  Professor Bainbridge disagrees with this analysis, and

I have responded here, noting that he really should concur, not dissent.

 


update (June 9, 2005 11 PM):  I’ve gone more deeply into when a lawyer is advertising

for the purpose of the Rules of Professional Conduct. 

 

update (June 10, 2005 1 PM):  J. Craig “weblogs are advertising” Williams has clarified his

meaning and let KAAC know he disagrees with them.  Ben Cowgill has collected and quoted

some of the best analysis on the issue as an update to his original post. 

 

 

 

was it something i said?

Filed under: pre-06-2006 — David Giacalone @ 2:21 pm



tiny check  Living Will UPL?  The latest issue of HALT’s Legal Reformer (April-June 2005) has

a JEER for Lancaster, Ohio, lawyer Frank W. Green.  Green has filed a complaint with

the Ohio Unauthorized Practice of Law Board against nurse Karen Phillips for leading 

a seminar on Living Wills at the Fairfield Medical Center in Lancaster.  We agree with

HALT. — Green deserves a BARonx Cheer!  Similarly, although it’s good to see that the

Ohio State Bar Federation has an extensive Health Directives program, with a very long

list of “provider” partners, I’m chagrined that its list of presenters for seminars on the

topic includes only lawyers. Note: At the bottom of all the Health Directive webpages is

the statement: “None of the accompanying material is to be construed as legal advice.” 




  • On June 30th, the Ohio State Bar is presenting a CLE seminar titled

    “End of Life Decision: Legal, Medical & Ethical Considerations.” 

    Maybe it will clear up the UPL issue.

 


tiny check Exiled from the Blawg Republic: On May 24th, I wondered whether my   exit

unfavorable words on Feb. 14 about the Blawg Republic were the reason why none 

of my postings were listed on their Legal Ethics Page after Feb. 15, 2005.  Yesterday,

I followed a Referral link to this website from BR and discovered that only the

name f/k/a and our former tagline now exist on the BR Legal Ethics Page.  Them

coincidences keep buildin’ up, don’t they?

 

tiny check Get it off your chest, Your Honor:  The HALT Legal Reformer also pointed me to

the tale of Judge Judith R. Eiler, of the King County [Washington] District Court, South

Division.  Skelly covered the story quite well back in February, but I missed it.  Despite

the claim in a 1998 Election Pamphlet that she “has a proven track record for tough, fair,

and consistent judicial decision-making;” and, despite having bachelor’s and masters

degrees in Communications and Rhetoric, Judge Eiler was reprimanded by the State

Commission on Judicial Conduct for “rude, impatient and undignified treatment of

litigants” — especially pro se ones, apparently — “addressing them in angry, condescend-

ing and or demeaning tone of voice.”  In re Judith R. Eiler, CJC No. 4148 -F- 116 (with

links to audio of the hearing).  Judge Eiler’s defense:  Judicial Stress. You might want to

send the opinion and stipulation to your favorite rude judge. (See also Seattle P-I,





  • Two tips for judges garnered from the Eiler case: (1) Do not

    wear a t-shirt in court that says”Wanna Piece of Me?”, nor

    (2) use a large mug during hearings that declares “Annoying

    People Annoy Me.”




  • Judge Eiler has been ordered to undergo psychiatric therapy and

    sensitivity training.  Washington State actually has a program, with

    sliding scale fees, to help judges deal with psychiatric problems.





  • Question for HALT: why did you use the image of a male judge

    for this story?

 

yyS Tom Clausen is far better than I at venting without venom

(but, I am trying):

 










without consent
my old sneakers
in the trash

 

 

 

 




we bicker
all through the house
    … cleaning


 

 

 

 

 

 


done –
the repairman tells me
any fool can do it


 


ClausenMug Tom Clausen from Homework (Snapshot Press 2000)

order it here

 










 

june morning

clammy pajamas

before the alarm

 

 



june evening

the thunderstorm

cools things down


 [June 7, 2005]

June 6, 2005

Deep Thought

Filed under: pre-06-2006 — David Giacalone @ 10:34 pm




Disclaimer:  Your definition of “deep thought” may differ

from that of the Editor’s, at least for the purposes of this post.

 

Trillions of pixels and tankersful of ink have analyzed the Deep Throat story 

since last week’s decloaking of Mark Felt.   While it’s still in the news cycle, I

thought I would make a few of my own idiosyncratic observations.

 









singing since morning
skylark, your throat
is parched

 

    ISSA

 

tiny check  Bob Ambrogi has explained how Deep Throat’s contribution to the investigative

reporting of Woodward & Bernstein helped (in a rather roundabout way, by

filling up journalism schools) to spur him on to law school — which, then, helped

bring Bob back to his first love of journalism.   I had just finished college when

the Watergate scandal began to unfold.  Although I had always read newspapers

every day (and delivered them for 5 years as a kid), the reporting that Deep Throat

facilitated had me rushing to the door the first thing every morning to read the Wash-

ington Post.  [I had gone to college in Washington, D.C., and was living and working

there after graduation.]  The Vietnam War had turned me into a skeptic about getting

the truth from the White House, and I disliked Nixon greatly, so the scent of his blood

was exciting.   I decided to go to law school in 1972, during the Nixon dramas, but the

decision had more to do with wanting to prepare myself for an interesting career than

with Watergate.  What Deep Throat helped instill in me, though, is a very healthy

distrust for what we’re told by politicians, along with a belief that good people in

Government can make a difference by standing up against corruption.




  • It was kind of cool, I must admit, that my first job out of

    law school was located in the famous, but[t] ugly, Watergate

    Building.

 

tiny check  There has been much talk about the ethical ramifications of Felt, a high-level   potLadleNF

FBI official, giving information to the Washington Post rather than to investigators in  

the prosecutorial chain of command.  John Steele has a good sampling of links to

materials dealing with various perspectives on the ethical issues.  I can’t possibly

know Mark Felt’s motives, but I would not be the least bit surprised to find out

Felt sincerely (and correctly) believed that sending his information up the chain of

command would have been futile (and fatal for his career), while causing him to be

either fired or blocked off from addition information on this story. 

 


mountain shade–
deep in a thicket
a kite

 

       ISSA

I agree with two observations of Micheal Getler, the Ombudsman of the Washington

Post (June 5, 2005, free reg. req’d) 


“Felt’s story reaffirms the ability of smart and dogged reporters, courageous

editors and owners, and truly informed yet anonymous sources to help get

information before the public that is vital to a democracy’s functioning.” . . .

 

“[M]uch undoubtedly remains to be written about exactly what motivated

Felt to confide in Woodward. Ultimately, it was not The Post, but the FBI,

a Congress acting in bipartisan fashion and the courts that brought down the

Nixon administration. They saw Watergate and the attempt to cover it up

as a vast abuse of power and attempted corruption of U.S. institutions. But

without that early Post reporting, based frequently on Felt’s guidance, the

linkages from Watergate to the White House might never have been fully

unraveled. So Felt turned out to be the most important — albeit anonymous —

whistle-blower in modern American political history.”

We don’t usually inquire deeply into the motives of people we decide to call patriots

or heroes.  We look at the risk taken and results.  I am grateful to Mark Felt for his

role in bringing about the fall of the Nixon Administration, and its lessons for any

future Presidents who care to read a little history and reflect humbly upon it.

 











half of it showing
in the deep grass…
peony

 

     ISSA

tiny check I am not the least bit sure that Mark Felt’s family has done him any favors 

by making the revelations before his death.  Stephen Amidon made some very

good points in an op/ed piece, in yesterday’s Washington Post (“Deeper Meanings:

It’s All Relative: Telling a Family Secret Can Be Treacherous,” June 5, 2005, reg req’d).  


“Until Tuesday, perhaps the only aspect of his role as Deep Throat

that gave the old G-man peace was the knowledge that his brethren

would not know he had broken their trust until after he was gone.” . .

 

“We can only speculate now, since it is clear that the one person who

can tell us for certain how Mark Felt feels no longer speaks for himself. 

 . . . Will the family be closer than when they werekeepers of his deepest

secret, and perhaps his deepest shame?  Or has Joan Felt instead

opened a Pandora’s box that will create fissures in her family? The

greater risk is that, like some modern-day Cordelia, her frankness

may make her father’s last days as troubled as Lear’s.”

DeepCoverG  Last Wednesday, on the PBS News Hours, Gwen Ifill moderated a

segment on “Deep Throat Reflections” (June 1, 2005).  Gwen had her hands

full trying to keep the guests on topic — analyzing the role of Deep Throat and

Watergate in “shaping our government, our politics, and our journalism”.  In

addition to historian Ellen Fitzpatrick, panel members included Herbert Klein,

who served as communications director for President Richard Nixon from 1969

to 1973, and is now a fellow at the American Enterprise Institute, and Goucher

College president Sanford Ungar. 

 

After saying that thought Deep Throat’s leaks were “a bad thing,” Klein injects

the following issue:


“I think another thing, too — we talked about is the word “Deep

Throat” was added to the fact when they wrote a book, when they

used it for the movie. I wonder if people would really be as excited

about it if (Bob) Woodward and (Carl) Bernstein had not attached

that sexy term ‘Deep Throat.’ ”

That detour appeared to fluster Ifill, who replied: “I’m not sure all these years later

anyone knows what’s sexy about that term, but let me ask you another question to

follow on that. . . .”   Shortly thereafter, Ungar says, “This is perhaps the most famous

as Herb Klein points out, the most cleverly named anonymous source.”

 

I figured that most of the News Hour’s regular viewers are of an age where they

would remember “what’s sexy” about the term Deep Throat.  However, I was happy

to see that the main stream media, along with weblogdom, were ready to fill in the

gaps for the innocent and ignorant among us.  If you’re still in the dark, see the article

by the Associated Press movie critic, David Germain, which explains that “Before it

became the moniker of journalism’s most famous anonymous source, “Deep Throat”

was the first hard-core pornographic experience for mainstream moviegoers.” (Chicago

Tribune, “Deep Throat Film Lent Its Name to Source,” June 2, 20005)  Germain also

outlines the plot and tells how word of  mouth made a sleazy porno film into a big cinema

hit.

 

Recollecting the movie phenomenon (I’ve never seen it), reminded me that its female  DeepCoverG

protagonist, Linda Lovelace, is considered by many to be the most famous porn star

of all time.  Unfortunately, the R-rated Deep Throat Part II (1974) and the soft-X

Linda Lovelace for President (1975) were box-office flops that brought her stardom

to a halt.  However — and here’s the socially-redeeming part of the story — a large

part of Linda Lovelace’s fame comes from her later denunciation of the porn industry. 

See her autobiography Ordeal (1980), and a follow-up feminist tome called Out of Bondage 

(which even has an introduction by Gloria Steinam).  Publishers’ Weekly had this to say

in a review of Out of Bondage:


“She lectures at colleges on degradations suffered by women as sex

objects. She appeared before a Senate subcommittee to testify against

the right of porn purveyors to First Amendment protection.  Lovelace’s

evidence should engage civilized people in the fight against businesses

that exploit women and children.”

I was suprised to see that Linda Lovelace, nee Linda Boreman, was born the same year

as I (1949) — who thinks of porn starlets as old?   Then,  I was sorry to learn that she died

in a car accident in 2002.   I sure hope the Felt Children get book deals that are even

better than Linda Lovelace got, and that they speak frankly of motives and choices.

 










one mosquito
flies down my throat
buzzing
 




all haiku by ISSA,

translated by David G. Lanoue

 

update (June 7, 2005): Evan at The Legal Underground is pleased to

see that we’re talking about Watergate again.  It’s fun (and important).

Meanwhile, I’m a bit queasy over the attitudes displayed by high school

juniors in Maryland in this Baltimore Sun article.  It seems the public just

doesn’t need to know about corruption in government.  Woe is me.  Woe

to the Republic.

the old man’s wink

Filed under: pre-06-2006 — David Giacalone @ 3:22 pm


Everyone’s talking about marijuana and abuse of federal power today, with the release of the Raich decision.  For a fun treatment of both topics during the Nixon Whitehouse years, and a tie-in to my about-to-be-written post on Deep Throat, see the 1999 flick “Dick,” with Kirsten Dunst (at 17) playing one of a pair of innocent high schoolers who befriend the Trickster.   


Meanwhile, predators, risk-takers and thoughtful Americans should

enjoy a trio of small poems from Honored Guest Randy Brooks:

 


horsefly kicking

in the pond water . . .

     a bubble from below

 

 

 

 

 

 

 








our teenagers

on the whitewater raft . . .

I let go of the rope

 

 

 

 

 

 

 

bingo boards empty–

    another widow intercepts

    the old man’s wink

 

 

 

 

 “schoolBrooks” Randy Brooks  from School’s Out (Press Here, 1999) 




  • by dagosan                                               









violent thunderstorms

arrive — backing up

my harddrive

 

                               [June 6, 2005]  

 


 potluck


tiny check JurisPundit hosts Blawg Review #9 today and has

some great pointers.  I’m especially glad to have discovered

Greatest American Lawyer‘s recent provocative post on

lawyer advertising.  There are some good Comments, along

with a short ethicalEsq sermon.


 

tiny check  Tip to my friends at Blawg Review:  If you plan to be

around awhile, numbering the weekly editions is not as helpful

as including the date.   In the alternative, you might consider:

Blawg Review Vol. I, No. X. (2005).

 

tiny check Count me among the Democrats who wish that Howard

Dean would stop name-calling and start sounding a lot more like

a mature adult who has worthwhile ideas.   I’m sure Prof. B concurs.











  potLadleN 

June 5, 2005

pausing mid-argument

Filed under: pre-06-2006 — David Giacalone @ 2:56 pm

mid-argument–
a bumblebee
stumbles in clover

 

 

dusk on the estuary–
a school of bass break
the shallow tide

 

 

January sales
a clown’s car steals
my parking space

 

Matt Morden from The Heron’s Nest

“dusk on the estuary“ (Nov. 2001)

“January sales” (June 2005)

“mid-argument” (Oct. 2001)

 


by dagosan:





my eyes blur —


dandelion clocks


become sidewalk clouds


[June 5, 2005]

dandelionClock potluck

tiny check On June 1st, the Ethics Board of the Town of Rotterdam, NY, declared

the Town Council violated state ethics laws, when it passed a resolution

exempting the Town Attorney, the Law Firm of Parisi & Saccocio, PLLC,

from compliance with the ethics code with regard to one matter.

 

The Situation: The Council wants P&S to work on an application pending

before the town’s planning board, submitted by Golub Corp., which owns

Price Chopper, our region’s largest food market chain. Golub wants to build

a frozen-food distribution center. The application was submitted and reviewed

initially by the prior Town Attorney, so the Council believes there’s not much for

P&S to do as the application continues.

 

The problem: Golub has been and continues to be a client of P&S. As

an editorial in today’s Sunday Gazette (“Ethical Void in Rotterdam, C2,

June 5, 2005, $$ubscr., but copied at SchdyNY.info) states:

“[T]he fact that Parisi & Saccocio’s firm is engaged by Golub
means their impartiality is compromised. Amending the town
law to make an exception in this case was absurd.”

It’s hard to disagree. What I’m wondering is why P&S would even let

the Town Council pass the exemption. Doesn’t it have an obligation to

recuse itself?

 

from the weeds
that little butterfly
is born!



ISSA, translated by David G. Lanoue

tiny check About Enough: I usually agree with Denise Howell (well, except for

her podcast fixation), but I do not share Denise’s desire that law firms use

technology that “lets lawyers (all and sundry, of course) readily customize

their bios at will, on the fly, with information that really tells people something

about the bio-ee. As Marc Canter might call it, “The ultimate ‘About Me’ page.”

(See Monica Bay’s grades for top law firm decloaking policies.) I agree that

associates should have brief bios on firm websites, but I have no interest seeing

weblog-like revelations of the cultural interests and hobbies of young lawyers

(boring!). Moreover, a firm has every right to see the content of pages before

they are posted. Perhaps Associate Bios could contain a link to their personal

weblogs, with a disclaimer that the content is not necessarily approved by the

firm.

 

prayingHandsS Mike Cernovich passes judgment on “Legislative Invocations,” coming to

the same conclusion as Your Editor, providing a wonderful Scripture quote

[Matt. 6:5-6 (KJV), and opining:

“I am opposed to public prayers. Generally, the quickest way to
spot a phony baloney is to look for the guy or gal leading the prayer.”

  • Speaking of Mike “Fed84” Cernovich: I’m sure he’ll be thrilled to know

    that I finally got myself a copy of The Federalist Papers, while at my

    favorite used book store this week. I wasn’t looking for it, but felt a

    certain fatalism when I discovered Mike’s holy book, incorrectly

    shelved under “fiction.” Now, I’ll be able to ascertain when Fedster is

    develishly quoting scripture at his weblog.

 

“tinyredcheck” FLASH! Tenured Professor Admits Ignorance, Earth Moves: I am not making

this up. No mud-slinging, either.

 

 

tiny check Meanwhile, Cernovich’s weblogmate, Norm Pattis is rightly scandalized by NYSBA’s

opposition (along with all the other bar groups in the state, and law school deans) to the

Board of Law Examiners decision to increase the passing standard by 15 points out of

1000 (in 5-point increments over three years). [See NLJ article, June 3, 2005] Click here

for links to BOLE’s Final Report (December 2004), and all written comments. Here’s a

link for the NYSBA’s Statement to BOLE. Norm’s remarks are worth reading in full.

 

In a Sept. 2004 press release, BOLE explained:

“The Board first proposed this increase in 2002, following a study of the current
passing score that involved the graders of the bar examination and panels of
practicing attorneys, judges and law professors. The study commissioned by the
Board concluded that the current passing score, which was set in 1979, is not
an accurate reflection of present day norms of minimum competence to practice
law.

. . . the Board concluded that the increase was appropriate to maintain the
standards of competence of New York lawyers and to fulfill the public protection
function of the bar examination.”

I have no patience for the public whining over a phased-in 1.5% increase in the grade

necessary to pass (from 660 to 675 out of 1000). And, I am far from sure that the

much-noted impact on diversity in the profession is a valid reason to oppose an other-

wise proper increase. Those who want no bar exams at all would do a lot of damage

to consumers — who have no way to judge the quality of a lawyer before, and often

not even after, they provide legal services.

growing to the beat
of the cloudburst…
weeds


ISSA, translated by David G. Lanoue

 

We should always be trying to make bar exams better tools to assess and predictor

lawyer competence. If NYSBA’s study commission helps achieve that goal, they will

provide an important service. But, second-guessing BOLE on the passing grade is

counter-productive.

 

dandelion Grasshopper, Don’t Let Your Brain Get Old: Much like the character on

the first page of One Hundred Years of Solitude (but about a half century too soon),

I’ve been having trouble lately recalling the names of rather common objects. (Yes,

it’s from too much weblog activity.) Yesterday, wind and lawn mowers took

the fluffy heads off of a weed that is omnipresent in our neighborhood. The result

was amazing pollen-puff clouds, which accumulated on sidewalks, driveways, and

patios on our block. I spent 24 hours trying to remember the name of the weed —

and what we used to call the puffy heads as kids. I even did lots of Googling.

This morning, it struck me that those are just dandelions, and Wikipedia quickly

gave me the scoop, which I now share with you (and, more importantly, put into

my weblog’s memory bank):

“The flower head consists entirely of ray florets and matures into a
globe of fine filaments that are usually distributed by wind, carrying
away the seed-containing achenes. This globe (receptacle) is called
the ‘dandelion clock’, and blowing it apart is a popular pastime for
children.”

old weeds–
the festival’s breeze
reaches them

ISSA,
translated by David G. Lanoue  orig. dandelionClock

June 4, 2005

you compete your way and I’ll . . .

Filed under: pre-06-2006 — David Giacalone @ 5:11 pm

called third strike–
the slow roll of the ball
back to the mound

 

at bat neg

two outs in the ninth–
the reliever bangs the ball
against his cup

behind barbed wire
the banter of baseball
in two languages

jim kacian,

Co-editor, with C. van den Heuvel of Past Time: Baseball Haiku,

(Red Moon Press, 1999) Sorry, it’s out of print.

 

 moonless night
on the river
the Goodyear Blimp floats by

… ………………………………. by dagosan [orig. July, 2004; edit June 5, 2005]

potHot potluck

tiny check HMMMMMM. I discovered this morning that neither the noun “ethics” nor the
adjective “ethical” appears as part of any definition in the Law.com dictionary.

tiny check Alphagrams & Alphamales: Amber, at Class Maledictorian, gives her perspective
on John Tierney’s op/ed in the May 31st NYT, “The Urge to Win,” which uses
evolutionary theory to explain why men dominate competitive Scrabble. Tierney
suggests that men have always had bigger payoffs from winning big (and downsides
to losing) — such as getting the most desirable women. This makes the most-competitive
male Scrabble players memorize lists of two- and three-letter words, and even lists of
which words can be made from thousands of 7-letter alphagrams (the arrangements of a
group of letters alphabetically). Amber would rather make an enjoyble word than use the
highest scoring word. Even in the noncompetitive Scrabble world, I bet that most men —
myself included — still go for the high score (even if — again like myself — they inwardly
also enjoy discovering a creative or fun word that appears on their racks).

  • I’m always amused when female Scrabble partners act offended (as if I’m
    somehow cheating), if I use an unusual two-letter word, such as the names
    for letters of the alphabet (e.g., “en” and “em”.) The two-letter-word problem
    has been reduced considerably as my vocabulary slides down the drain of
    peri-dementia, and I forget a list learned many years ago. When a distaff
    Scrabble opponent plays a non-word and then wants a do-over, I always
    point out that it would be paternalistic and insulting of me to not enforce the
    rules. [It’s a whole different game with do-overs.]
  • Tierney points out in the op/ed that there are Scrabble groupies at the
    tournaments. Like him, “I’m not sure how many women want to marry
    someone who spends his weekends memorizing alphagrams.”

iPodIssa Issa for the iPod: Eric Antonow of i.am.large, has made 300 poems by
Issa, translated by David G. Lanoue, available for iPod. What would our lovable,
mendicant poet think? [Not me, Issa.]

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