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

An email from SportsEconomist Skip Sauer made me speculate on the purpose of the

NCAA in seeking to eliminate the NIT as a tournament rival.  Although a “not-for-profit”

entity, NCAA has a $6.2 billion, 11-year contract with CBS for television and marketing

rights to its tournament. (see our prior post)

 

  The folks who run nominally “non-profit” institutions (can you say “bar & guild“?) 

have the incentive to create rules and relationships among their members that will maximize

the income of all those members — especially when they convince themselves that they are

acting for a very good cause, such as education. [Adam Smith’s axiom certainly doesn’t have

an exception for non-profits.]  Using market power against potential or actual rival groups, or

eliminating them throughacquisition or entry barriers, is a very good way to maximize income. 

Of course, the NCAA’s leaders also have the normal human desire to increase their domain.

 

Also, responding to my post yesterday, Steve Bainbridge wrote:  

“I sort of vaguely recall such a time [when NIT was a vigorous competitor with the

NCAA], but if David’s point is that there ought to be some competition to be stifled

before one concludes that a merger is anit-competitive, I have to agree. Stick a fork

in the NIT; it’s done.” 

That’s a little cavalier, even from the perspective of a West Coaster with little empathy for fans in  “bballguysNF”

New York City.  The fact that the National Invitational Tournament has been reduced over the years —

thanks in great part to the actions and policies of the NCAA — to a mere David competing with tiny

stones against the NCAA Goliath makes a merger investigation even more important.  (See the

market concentration section of the DOJ/FTC Horizontal Merger Guidelines; yes, Steve, I know

there were product and geographic market definitions questions in the case.)   Clearly, there is still

“some competition” between the two post-season tournaments (as the $40.6 million offer to buy

the NIT suggests), and removing NIT completely will not only extinguish the only current rival, it will

make the likelihood of a new entrant into the pre- or post-season basketball tournament arena

virtually zero.  

 

Of course, ending the litigation also keeps the court from assessing the legality of the NCAA’s

restrictive post-season rules for member schools.

 

“bBallGuysN” One thing we can all agree on:  There’s been too much prose

and not enough poetry at this website lately;  Overnight, Ed Markowski

supplied us all with more good haiku and senryu about his beloved game

of basketball and the humans who play it:

 

 

Manhattan

the shadow of a skyscraper falls across

the basketball court

 

 

 

 

Highway One

ten feet up the Sequoia

an orange hoop

 

 

 

 

long rebound

crossing mid-court

she crosses my mind

 

 

 

Indiana farm

one tractor

three hoops

 

calligraphy class

the point guard

pens a nike swoosh

 

 

ed markowski  – for more, see his Comments to

yesterday’s post.

 

 

on a related note:

 

 

game over

men turn to leave

the tv department

 

                                                        John Stevenson 

                                                             Upstate Dim Sum  (2004/I)

 

                                                                                                                                       

 

 

 

In today’s nomination hearing, Judge John Roberts adopted JFK’s statement

about his Catholicism and his role as a public servant: “I do not speak for my

church on public matters–and the church does not speak for me.”  He went

further, when later pressed by Sen. Feinstein, asserting:

  “My faith and my religious beliefs do not play a role in my  

judging. In judging, I look to the law, I do not look to the Bible,

or other religious source.”

Based on much that I have written this month, I’m betting that Roberts has

disappointed Pope Benedict XVI and a lot of conservative (“serious“) Catholics.

He certainly disappointed Steve Bainbridge:  

“As those who followed my extended debate with David Giacalone

know, I believe that Kennedy’s famous Houston speech was a cop-out

and inconsistent with clear Catholic teaching on the civic responsibilities

of Catholics. This is not to say, of course, that a Catholic judge inevitably

must vote to strike down Roe. As I have emphasized repeatedly, this issue

presents complex moral and judicial ethical issues. I’m just disappointed

(but not especially surprised, I guess, given the politicization of the confir-

mation process) that Roberts so blithely opted for the easy way out.”

Being an advocate of conserving (my) energy whenever possible, I’m disappointed

that I spent so much time (and took such grief) writing on a topic that Judge Roberts

so effortlessly made moot.  afterthought (Sept. 14, 2005):  I wrote a bit too soon and

too flippantly yesterday.   I have not been seeking any particular answer from Judge

Roberts, but have instead been writing to show why the Senate and the public deserve 

to know what Roberts sees as the relationship of his devout Catholicism to his judging.

He told us, and although I might have asked the question differently or followed-up, the

issue appears to have be adequately addressed.  

I agree with those who say that Roberts has left himself a little wiggle

room on whether stare decisis conclusively precludes the Court deciding

to overturn or significantly limit Roe v. Wade.  Every lawyer knows that

giving a rule consideration and deference is far different than giving it the

final say.

 

   update (7PM):  Prof. Bainbridge has a good post this

evening at Mirror of Justice explaining why he believes the JFK Houston

Speech conflicts with Church teaching. 

 

If, like myself, you spent a lot of the day listening to the Roberts’ hearing,

you definitely deserve this change of pace (although perhaps not of topic). 

Here are four senryu for Lee Gurga:

 

 

parading the stallion–

all eyes on

his dangling member

 

 

 

 

 

his side of it

her side of it

winter silence

 

 

 

 

my dream

awakens me . . .

I wake you

 

 

class reunion–

with my old girlfriend

her girlfriend 

 

Lee Gurga 

  from Fresh Scent

 

 

 

In a letter, yesterday, to the Federal Trade Commission, Department of Justice,

and New York Attorney General Spitzer, the American Antitrust Institute called for

investigation of the private antitrust settlement in which the NCAA and the NIT agreed

to merge their tournaments. In its settlement with Metropolitan Intercollegiate Basketball

Association, NCAA agrees to purchase the National Invitational Tournament for $40.5

million, plus $16 million to settle the suit, which is pending in the the SDNY federal

district court.  (ESPN.com, “NCAA buys tournaments, ends NIT litigation,” by Andy

Katz, Aug. 17, 2005; Sports Law Blog has a case summary and an analysis of

the settlement; Skip Sauer at Sports Economist has also looked at the case and

the settlement).

 

  In calling for an antitrust merger investigation by one or more of the agencies,

the AAI letter, signed by its Vice President Diana Moss, explains, in part:

Even a cursory look into the proposed settlement raises serious questions

about the health of competition in post-merger markets. For example, the

NCAA would be in a position, post-merger, to impose its “mandatory participation”

rule for both the NIT and its own tournaments. This would erect an insurmountable

barrier to entry into post-season play.  In enhancing their market power in acquiring

tournament teams, the NCAA would in turn enjoy significantly more market power

in sales of broadcast rights, sponsorships, concessions, and event tickets. The

proposed deal thus packs a double punch for consumers. Schools would have fewer

options and face potentially non-competitive terms for post-season tournament play.

And sponsors and consumers of the tournament games would potentially face higher

prices. 

 

Based on information that is publicly available, AAI believes that there is a significant

probability that the effect of the proposed merger may be to significantly lessen (or

eliminate entirely) competition between organizers in acquiring men’s Division I basketball

teams for participation in post-season tournaments. NCAA President Myles Brand could

not have said it more succinctly when he noted in regard to the August 16th settlement:

“We’ve now unified post-season basketball.” 

 

                                                                                                                   

 

The merger would spell an end to the NIT which, once upon a time, was an equally-matched

and vigorous competitor to the NCAA. But a series of actions by the NCAA has diminished

that competition, to the detriment of consumers. The proposed consolidation would further

hurt consumers and preclude the emergence of a stronger rivalry between the NCAA and NIT

(and with respect to new upstarts). An antitrust investigation of the merger could focus on

such key issues as market definition (which was controversial in the MIBA v. NCAA litigation);

the significant potential for unilateral exercise of market power; and the entry barriers created

by the merger. Moreover, the inquiry should extend to the likely effects of the merger on pre

season tournaments by giving the NCAA the “green light” to enact a pending rule that

would replace independent tournaments with events the NCAA can control.

 

See Government Should Investigate Merger that Is Part of Basketball Tournament Settlement, AAI Says

(Sept. 13, 2005)

 

Of course, few readers of this weblog are old enough to remember the time when the NIT “was

an equally-matched and vigorous competitor to the NCAA.”

 

update (Sept. 14, 2005):  See our follow-up, not just NIT-picking.

 

 

 

the bounce
of raindrops
on the basketball 

      w.f. owen 

         Frogpond XXIII:3 (2000)

 

 

 

 

boy shooting baskets–

deep snow piled

all around him

 

       lee gurga 

          from Fresh Scent

                                                                               

 

• 
  
  by dagosan                                         

H-O-R-S-E!

the ten-year-old

lets dad win

 

                          [Sept. 13, 2005]

                                                                                                

 

p.s. Hey, haijin, how about some basketball

haiku and senryu?    

update (7 PM):  Our Haiku Hotdog Ed Markowski has

already provided us with a benchful of haiku and senryu.

See this Comment.  Here are three of ’em:

 

city moon

my basketball flattened

by a shard of glass

 

 

 

 

stiff march wind

the sound

of an airball

 

 

 

 

game winning shot

the big man

palms my head

 

 

                                                                                                       “BBallHoop”

 

 

In his opening remarks today, John Roberts told the Senate Judiciary Committee that he has no personal agenda. He compared the work of a Supreme Court justice to that of a baseball umpire, saying:

“I will remember that it’s my job to call balls or strikes, and not to pitch or bat.”

Seems to me, each umpire has an awful lot of discretion determining the strike zone — based on personal preference, often fickle, and with no appeal. In the Supreme Court League, there aren’t that many pitches that go straight down the middle.

beer league softball
the umpire fastens
her chest protector

out!safe!out!safe!theumpandthemanageroneshadow

… by Ed Markowski

update: Over at Volokh Conspiracy, Jim Lindgren has some similar and telling remarks. (via Prof. B) Also, thoughts online wants to know “what’s roberts’ strikezone?”

 

p.s. I prefer Blind Justice to a Blind Umpire. And, I have to wonder how a supposedly all-star issue-spotter missed seeing the lameness of this umpire analogy.

 

update (Sept. 17, 2005): On Sept. 13, Sen. Cornyn questioned Judge Roberts on his umpire anlaogy and philosophy, using Jim Lindgren’s framework. The interchange is a good one, and is reproduced here over at the Volokh Conspiracy. Roberts says he would agree with the second umpire who says “some are balls and some are strikes, and I call them the way I see them.” Roberts explains: “I guess I liked the one in the middle, because I do think there are right answers. . . . . And I think there is meaning [in the Constitution] and I think there is meaning in your legislation. And the job of a good judge is to do as good a job as possible to get the right answer.” That man is sharp and articulate — and always well-prepared.

update (Aug. 3, 2008): The topic of judge-as-umpire has been taken up again almost 4 years later at The Volokh Conspiracy.  (via Scott Greenfield at Simple Justice, who yells from the cheap seats:  Your Honor, you had to be there to call that pitch!)

You knew this was coming (Harvard Magazine, “Too Much Sunscreen?,”

by Craig Lambert, Sept-Oct. 2005):

[A]ccording to a new theory, sealing our skins off from the sun

may cause more cancer deaths than it prevents.

 

“Associate professor of medicine Edward Giovannucci notes

that UV-B radiation, the source of suntan and sunburn, is also

the component of sunlight that enables human skin . . .  to

synthesize the “sunshine vitamin” —D— used by every type

of cell in the human body. Animal research has associated a

lack of vitamin D with multiple sclerosis, osteoporosis, and

pathological processes that underlie several forms of cancer,

including those of the colon, breast, prostate, and digestive tract,

such as stomach cancer. “If you look at these cancers as a group,”

says Giovannucci, who is also a professor of nutrition and epidemiology

at the Harvard School of Public Health, “you’ll see that 30 people die of

these cancers for every one who dies of skin cancer.” . . .

 

     “Giovannucci acknowledges that the evidence for these theories is

still weak: there has not been a good double-blind controlled study, lasting

perhaps 20 years, that compares people getting sun exposure to a placebo

group. “But almost every other bit of evidence suggests that vitamin D is

beneficial,” he says. “More sun, and higher rates of vitamin D, correlate with

fewer cancers. It might ultimately prevent only a fraction, perhaps 30 percent,

of those cancers it seems to affect. But that would still be vastly more cases

than any skin cancers it causes. I don’t recommend that people go out and

get sunburned—use common sense. But if the studies hold up, vitamin D will

be a relatively important factor, since it affects such a large number of cancers.

It may be time to rethink the message we are sending about sunlight.”

Heads up, Evan and Walter!  There’s gotta be a lawsuit here somewhere. 

 

 

 

The beetle I righted

flies straight into

a cobweb

 

 

 

 

 

 

earplugs

now my heart is

too loud

 

         George Swede 

              from Almost Unseen

 

 

as the spider

goes down the drain

a second thought

 

      Tom Clausen

       Upstate Dim Sum (2003/I)

 

Mom’s sunburnt back…

first the youngest touches it,

then the eldest

 

        Randy Brooks 

                from School’s Out

 

 

 

 

the finished letter

in the envelope…

taken out again

 

 

 

 

 

on hold

branches in the window

wave wildly

 

 

 

 

 

 

 

 

 

cell phones

they find each other

in the mall

 

 

 

lingering in bed

the ceiling

has no answers

Tom Clausen 

     from Upstate Dim Sum (2004/I) 

 

• 
  
  from dagosan: 

one pink pansy

in a gardenful of red —

first day of high school

 

 

[Sept. 12, 2005]

 

 

potluck

  I had the NPR coverage of the Roberts’ hearings on from 

the opening to the close today.  Talk about lost opportunity costs — 

even three Legal Underground coffee mugfuls of caffeine could not 

forestall a nap after lunch.   Any of the Judiciary Committee Senators

who thought they’d grab the spotlight today with their opening remarks

were deluding themselves. 

 

  Speaking of coffee, I followed a pointer from Dave Gulbransen

and Blawg Review 23, to Mediation Mensch, making it my first-timer weblog

for this week.  Having been a mediation pioneer in my local area, I was very

interested in what Bostonian Dina Beach Lynch had to say.  Sadly, I was

disappointed.  First, Dina has not had a post since August 3rd.  More important,

her discussion “Do You Want to Be Starbucks or Seven-Eleven?“ brought

back all the qualms about branding (and luring the “quality” client) that I

raised in Brand Lex and related posts.   Lynch says her mediation practice

offers “affordable conflict resolution resource,” but she wants to offer the

ambiance of Starbucks, with its prices — and never even mentions whether

Seven-Eleven has good coffee.

 

  Katrina News:  Last Friday, I was very impressed with the viewers

of the NY Capital Region’s public radio station WAMC.   We don’t have the

population base of a major metropolitan area, but the station received over

half a million dollars in donations for Hurricane Katrina relief in less than 8

hours of on-air solicitation.  There were 4236 callers.  A lot of people care a lot.

 

  Prof. Bainbridge is looking for humorous legal rules of thumb.

You must have an exact quote and a link.   Make your contribution. 

 

                                                                                                                                                  

Ever since Katrina hit, we’ve been concerned about our f/k/a friend,

Haiku Guy David G. Lanoue — an English literature professor at Xavier 

University, in New Orleans.  I’ve been visiting his Kobayashi Issa site

daily, in the hope that it would be back on line.  Today, I checked his

Haiku Guy webste, which features his novels and books of criticism, 

and was relieved to find this message from David: 

  We’re OK Kathleen and I evaculated New Orleans

before  Hurricane Katrina hit. We made it up to my parents’ home

in Omaha.

 

My university is closed for the time being, which means my

Issa website and the Issa haiku-a-day service are down . .

I feel lucky, blessed, and heartbroken all at once. So many lost

everything, so many friends still MIA.

the city Care forgot
is drowning, Care
remembered

I’m thrilled David and Kathleen are fine.  Of course, I’m going to miss my

Issa fix — which so often adds color to our posts. But, I hope this academic

downtime will allow David to finish his current novel Haiku Wars (read the

first chapter here) and translate even more poems by Kobayashi Issa.

 

 

  Here are a few haiku and senryu from David Lanoue:

 

 

somebody’s little sister

     Bourbon Street

        stripper

 

 

 

lone church steeple

a rocket

to sunset

 

 

 

 

 

 

no direction is wrong

arms

of the oak

 

 

David G. Lanoue 

“somebody’s little sister” – Haiku Guy: a novel  (2000)

“lone church steeple” & “no direction” – World Haiku Assn bio page

                                                                                                              

 

Last May, when f/k/a had its Second Blogiversary, we said:

“Just about everybody who’s anybody has already had his or her

2nd (or third) weblog anniversary.”  Well, Steve Bainbridge was

one very big somebody whose weblog had not yet reached the

ripe age of two.   

crawl and laugh–
from this morning on
a two year old!

 

   Kobayashi ISSA,

   translated by David G. Lanoue

 

“blowcandlesN”  As of yesterday, though, Prof. Bainbridge.com officially

entered its terrible two’s.  Naturally, that may mean an increase

in temper tantrums or bed-wetting episodes. The experts advise an

escalating response when two-year-olds behave badly — Distraction,

Separation, Explanation, Compromise, and (only if he‘s likely to hurt

himself) Punishment.  I’m not one of those Liberals who believes in

spoiling kids.  Nonetheless, I’m inclined to cut Prof. B a bit more slack, 

as he goes through this next developmental stage. .  

 

Congratulations, Steve, and thanks for keeping your weblog interesting

and provocative!   That’s no Snow job.

 

 

they crinkle

when he’s restless —

the two-year old’s plastic sheets

 

                dagosan   [Sept. 11, 2005]

 

 

 

empty bottle

a few words

I would like to take back

 

           John Stevenson –

             from Upstate Dim Sum  (2002/I)

 

                                                                                                                                                       two much!

 

 

p.s.    On an almost-totally unrelated note, the American Antitrust Institute

has released Comments by Prof. Beth Farmer of Penn State, which were

sent last week to Sen. Arlen Specter on Nominee John Roberts and Antitrust

After going through the available record, Prof. Farmer recommended that

AAI take no position on the nomination as Chief Justice of the Supreme Court. 

She concluded:

“In general, Judge Roberts’s judicial record in antitrust cases is thin,

his experience as an antitrust litigator and appellate advocate appears

typical of large firm practice, the positions argued in these cases appear

to be within the mainstream of modern antitrust argument, and his scholarly

publications on competition issues are limited. The public record available

to me does not indicate that Judge Roberts harbors a radical view of antitrust,

or indeed that competition law has been one of his specialties. Members of the

advisory board may have worked with Judge Roberts as expert witnesses, co-

counsel or opposing counsel during his career in private practice and with the

Justice Department, and may be able to offer more opinions on his likely record

in future antitrust cases. Based on the record discussed below, I do not recommend

that AAI take any position on this nomination to the Supreme Court.”

 

the old priest dines

                his wine

                just wine

 

                             David G. Lanoue

                              from the thin curve 

 

trail’s end —
the taste of wild onion
still sharp on my tongue

 

 

 

 

 

 

 

 

 

 

gathering driftwood

where the forest meets the shore

wild violets

 

 

 

quiet house–

the chess game

where we left it

 

 

 

  Billie Wilson

“trail’s end” The Heron’s Nest (Sept. 2005)

“gathering driftwood” – Alaska Haiku Soc’y; Modern Haiku XXXII:1, 2001)

“quiet house” – New Resonance 3; Haiku Light 2001

 

• 
  
  by dagosan                                               

long red light–

she dusts

the dashboard

 

 

[Sept. 11, 2005]

  I’m looking forward to the movie version of Jonathan Safran Foer‘s

novel Everything Is Illuminated – despite the casting of the ever-wooden Elijah

Wood in the lead role.  Charlie Rose had a good interview Friday night (Sept. 10,

2005) with first-time director Liev Schreiber, who also wrote the screenplay. 

 

  I enjoyed the George Stephanopoulos interviews with Sen. Barack Obama

and His Holiness the Dalai Lama, on ABC “This Week.”  As we did last week,

Obama stressed the Administration’s inability to empathize with the poor — in

their everyday lives and when faced with disasters.   The Dalai Lama emphasized

the need to stay calm and stay hopeful, despite facing great trauma.       

 

                                                                                                                                                       

 

 

still remembering . . . . . . . . . .

are we learning?

after her death
composing roses
instead of words

………………….. by Pamela Miller Ness – from “where the lily was”

against the tombstone
with the faded name
homeless man rests

……………………………….. by George Swede – Almost Unseen (2000)

missing legs
the double amputee
winces

……………………. by dagosan (Sept. 11, 2004)

sept-
ember

…………………….. by carolyn hall – Mariposa 5 (2001)

his quiet funeral—
a man who did
most of the talking

………………… by barry george – frogpond XXVIII:1

We’re way past due for haiku from attorney-haijin Roberta Beary.  

Here’s her latest contribution to The Heron’s Nest (Sept. 2005):

 

 

cut grass
i sweep away
summer’s end

 

 

And, here’s a sneak peek at her winning poem — which will   “Snapshots2006”

appear in February, in the Snapshots Press 2006 Haiku Calendar:

 

 

snowed in
the dog clicks
from room to room

 

Finally, rather than merely skimming off the concluding senryu

from Roberta’s haibun, stranger danger (Frogpond XXVIII:2, 2005),

I want to share the entire piece with you (the first haibun presented

in its entirety at f/k/a):

 

  

 

                         stranger danger

 

IN SCHOOL THEY WARN YOU about stranger danger beware

of all the people you don’t know don’t walk near the bushes keep

to the open street watch out for vans with sliding doors at home

keep the door locked don’t open up for strangers and they leave

out the part about the one with you in a place where no locks

can save you for years too long to count

funeral over

the deadbolt

slides into place

 

Robert Beary

 

 

 

 

• 
  
  from dagosan:  

 

outdoor art show —

watching the people

and the river

 

 

 

 

on display:

her paintings

and her navel

 [Sept. 10, 2005]