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

October 8, 2005

pithy pumpkin poetry

Filed under: Haiku or Senryu,pre-06-2006 — David Giacalone @ 5:00 pm

pumpkin2 After a week of prolix punditry on our Home Page, haikuEsq has re-asserted himself. Below, you’ll find a crop of pumpkin haiku and senryu. We’ll be adding more by our Honored Guests, as we dig them up.


a giggling coven–
stunted pumpkins
left in the patch

………………………………… paul m.

(3rd place, Shiki Kukai, Nov. 1997)

dry leaves scattered
over roadside pumpkins
the first hard frost

……………………………….. Matt Morden pumpkin neg


pumpkin field

i look back on the face

of a summer love

…………………………. ed markowski

a frown
of concentration
pumpkin carving

carved
into a green pumpkin
queasy face

John Stevenson – “a frown” – Modern Haiku, XXX:2, 1999; “carved” – South by Southeast, 7:3, 2001

pumpkin patch — pumpkin lift

this one is big enough

for my son

 

……………………….. Yu ChangUpstate Dim Sum (2005/I)

autumn sun–
the lawyer carries home
a pumpkin

Barry George

autumn emptiness

i leave the pumpkin

just as it is

 

 

pumpkins rumble

in a passing pick-up…

october sunset

……………….. by ed markowski

………………….. see Lissa & James shop for pumpkins

pumpkin patch-

I sever half a dozen

before my boys agree

…………………………………… Jason Sandord Brown

first day of fall

pumpkin pie

from scratch

 

three-headed stranger –

on his shoulders a pumpkin

and a harvest moon

 

pumpkin

floating in the river

Hunter’s Moon


 

perched on pumpkin2

the sumo’s belly —

one large pumpkin

 

……………………. by dagosan:

“perched on” – Nisqually Delta Review (summer/fall issue 2006)


pumpkin neg potluck

Peace Protestors Banned from Pumpkin Fest Parade: This is a

little hard for me to swallow. The DeKalb, IL, Pumpkin Fest won’t

let the DeKalb Interfaith Network for Peace & Justice participate

in this year’s parade — apparently because the organizers received

a number of written and oral complaints about their past participation.

Organizers said they don’t need a reason to reject a group and that

“nothing controversial” would be allowed. The peace group offered

to “carry only signs that promoted peace, not any that referred to

any particular political issue, war or federal office holder,” but that

was rejected. (DeKalb Daily Chronicle, “Pumpkin fest bans pro-peace

marchers,” Oct. 8, 2005)

 

 

pumpkin2 pumpkin2f

 

faith, agendas and the supreme court

Filed under: pre-06-2006 — David Giacalone @ 2:17 am

That sneaky Professor Bainbridge has gone and done it again — writing

something I can agree with (up to a point, of course).  See his The Faith Card 

and our immediately prior post  . . .more honest than the wink game (both

dated Oct.7, 2005).  

 

                                                                             bainbridgePix

 

Steve is correct, of course:  It is inconsistent for conservatives

to try to banish all talk of religious views in the John Roberts’

confirmation process, but now use Harriet Miers’ evangelical

faith as a reason to support her.   In discussing John Roberts’

Catholicism, however, Steve and I agreed that relgion is relevant

if a judge’s religion will trump his or her customary legal analysis

when dealing with particular issues. 

 







          on the wall
    Jesus on the cross
above her side of the bed
 


     Tom Clausen

           from Homework (2000)

 

dog black Prof B. puts it well: “First, judges are supposed to decide

cases based on the law not their religious beliefs . . As I observed

earlier in commenting on Miers’ reputation for being a “pit bull in size

6 shoes”:


If confirmed, Miers’ job therefore will require her to set aside

her “very strong views of what’s right and wrong” in favor of

those moral norms and policies that have sufficient social

support – or, in the case of constitutional and statutory

interpretation, those norms and policies reflected in the texts

and the intent of their drafters – to be legitimate grist for the

judicial mill.

Steve adds, and I concur (although surely drawing constitutional lines

a bit differently than he): “That holds true whether her ‘very strong views’

are based on secular or religious reasoning. Hence, the White House’s

strategy represents a fundamental misunderstanding of the judicial role.”

 

 

tiny check  Therefore, those who claim that you can never ask about religion or  

ideology in the nomination or confirmation process go too far.  The Senate

and the public deserve to know if a justice would feel beholden to a higher

power than the Constitution and laws of the United States.  


JohnRobertsPix  Chief Justice Roberts gave the appropriate answer in his

hearing, when he said:  “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.”

Rather than silencing all talk of religion by conservatives for fear of liberal 

Inquisitions” in the future, I think this is a perfect time for thoughtful

people across the political spectrum to help delineate the proper — very 

limited – role of questions concerning the impact of religion on a judge’s

judicial behavior.  As I indicated earlier tonight, when faith is important in

your overall evaluation of a judge, admitting it has the very big advantage

of being truthful.  The hypocrisy of all the winking and tactical maneuvering

and semantics is a terrible sight for children (and adults) to see.

 



tiny check  Also (and this should be obvious), members of

the public can support a nominee for whatever reasons

they like.  It’s the President and the Senate who

have to apply the proper criteria.

 

Prof. Bainbridge also notes that Rev. Patrick Mahoney believes playing

the Faith Card is inconsistent with the tack many conservatives took during

the Roberts nomination.  While I agree with Fr. Mahoney that “you can’t

have it both ways,” I’m far from certain of the bona fides of some sectors

of the “faith community” who argued that religion was totally out of bounds 

in the Roberts’ confirmation process. 

 



jogging

just past the church

I clean my glasses

 

    Tom Clausen 

        from Upstate Dim Sum (2003/I) 

 

For example, the only politically active Catholic group that I have observed  wolf dude neg

closely over the past few months is Priests for Life, whose national director

is Father Frank Pavone. (prior post)  During the Roberts confirmation process,

and now with Harriet Miers, Fr. Pavone’s tactics seem more like those of a

shrewd activist with a political agenda than a holy man preaching truth and

hoping to win converts.  Click here for my compilation of some of the materials

on the Priests for Life website, which show the political hardball behind PfL’s

religious dogma — e.g., the clear religious litmus test being forcefully applied

to Senators and candidates,while preaching that personal religious views should

not be relevant in the Supreme Court confirmation process.

 

PfL updates its website daily, spotlighting one new item.  I will end this post

with two items posted this week, relating to the Miers’ nomination and to

confirmation of judges.  I offer no commentary, but you are encouraged to draw

your own conclusions and leaves thoughtful comments (for example, on whether

shifting the ideological balance on the Courts ASAP is important to Fr. Pavone)..

 

– from the Priests for Life Daily Update Page:


 

October 6, 2005  Priests for Life Press Release (issued Oct. 3, 2005):

 


 

Fr. Frank Pavone, national director of Priests for Life and president of the

National Pro-life Religious Council, thanked President Bush this morning

for nominating a replacement for Justice Sandra Day O’Connor in a timely

manner, and called upon the Senate to do its work in an expeditious way

as well.  

 

“Our prayers are with Harriet Miers this morning as she begins this important

process.  We trust the President’s judgment and his determination to fulfill his

promises about the kind of Justices he wants to see on the Court.

 

“The place for arguments about ideology and mainstream positions is in political

races. For the purposes of confirming nominees to the Court, the focus should

be on qualifications to be a Justice, not on personal views on controversial issues.”

 

 

 


 


 

F-1:  We face a crucial election this year, since those who are elected

to the US Senate may have the opportunity to confirm the next justices

for the US Supreme Court, as well as many positions on other Federal

courts.  

 

For the passage of laws that favor the right to life, and for the appointment

of Justices who will protect that right, the President cannot act alone. The

Senate must vote in a pro-life direction. That will happen only if we vote in

a pro-life direction when we elect our Senators. A commitment to the right

to life is not identical to a commitment to any particular political party. No

party perfectly embodies the Gospel, nor is our loyalty to party supposed

to be stronger to our loyalty to our moral convictions

 

update (Oct. 15, 2005): At PrawfsBlawg, Paul Horwitz has a lengthy

discussion of the role of religion in the judicial selection process.  His

summary is :


“[T]he upshot is: properly speaking, there is no religious test

problem here; more broadly, events surrounding this nomination

raise questions about transparency and cynicism and make

clear that clumsy treatments of the intersection between religion

and law are not the sole province of the left, or of the non-religious;

and I am disappointed that the Becket Fund, which embraced a

broad view of the Religious Test Clause where religion is a

disqualification for judicial office, has not been equally liberal in

its views of whether religion may permissibly serve as a qualification

for judicial office.”


(Oct. 13, 2005).

 

 

– as usual, we cool down with a haiku or two:

 

 









autumn colors-

how assertive

she becomes

 

 


playing a childs game
    I learn all
     his rules

 

 


           from Homework (2000)

 












                scales rich poor neg

 

October 7, 2005

playing the faith card is more honest than the wink game

Filed under: pre-06-2006 — David Giacalone @ 10:28 pm

This post is a space holder, while I’m working up a reply to Steve Bainbridge‘s The Faith Card.  

I wrote What if John Roberts is a “Serious Catholic”?, because I believed that many of those

who railed against asking John Roberts about the impact of his faith on serving as a Justice

did so because they concluded silence served their agenda better than having Roberts expose

his position. (Of course, they assumed they already knew and agreed with his position.)  Faith

was very relevant, but mentioning it in the Roberts situation was deemed by those supporting

him to be politically unwise.  Now, they are willing to play the faith card in order to shore up the

Miers’ nomination.  Unwilling to chance using winks, they are are publicizing her brand of religion. 



tiny check  No matter the denials by the flashers or the flashees,

the faith card has already been played — flashed for all to see.

Of course, the Roberts confirmation was a week ago, not a decade, which would cause a

wee bit of embarrassment for most thoughtful citizens.  Luckily for the zealots, of course,

their God works in mysterious ways — and so, apparently, do his servants.

 

commandments  If nothing else, laying the Faith Card face up on the table is the honest

approach — a bit more consistent with a Commandment or two.

 

– more to come –  see faith, agendas and the supreme court (Oct. 8, 2005)

 

If you’re interested in my discussion with

Prof. B., start here and go there.

 









the thump

of a thousand rumps

returning to their pews in unison

 

 

 

 

 

 

battery weakened

the low, slow laughter

of a demon

 

 


 

blawggers mug Old Gray Lady

Filed under: pre-06-2006 — David Giacalone @ 7:34 pm

Given its space limitations, today’s throw-away piece in the New York

Times about the relatively large number of lawyers with popular weblogs

did a fairly good job. See, “Opening Arguments, Endlessly,” by Jonathan

D. Glater, Oct. 7, 2005; via Legal Underground]  Naturally, the blawgiverse’s

army of kibitzers (and some of my best friends and alter egos are kibitzers)

is out in force complaining about the article. (see annotated NYT; Volokh)







 


high noon

the boys refill

their water pistols

                           

       Tom Paintingpiano practice.

 

purseSnatcherG  Thus, Mike Cernovich has pointed out that Evan Schaeffer practices

law in Illinois and Missouri, not Ohio, as stated in the article and its sidebar list

of sites.  Mike says the article shows “why blogs were born – because the

Times can’t get anything right.”  That assertion — along with Mike’s conclusion

that “There isn’t too much [thinking] at the Times” — shows why weblogs

frequently can’t be taken very seriously: They’re more about the writer’s pet

peeves and boogeymen than about objective analysis.  They go for the

jugular (but hit only capillaries) in order to attack an enemy or nemisis at

every opportunity with gross generalities.  


 

tiny check As far as I’m concerned, weblogs were not born to correct

minor factual errors that aren’t important to the main story

being told.  Little old ladies and nitpickers have done that

since the first newspaper was published. Let’s hope most

webloggers have more important things on their minds.

Similarly, Jeff at Hippa Blog demonstrates the customary need of many bloggers

to feel more savvy than the uninitiated.  He complains:


                                                                                       “oilcanHFs”

 

“An article about ‘blawgers’ that starts off with a mention 

of Daily Kos isn’t about blawgers. It’s about bloggers; they

might be lawyers, but that’s not a lawblog.”

A fairer statement might be: An article about lawyer-run weblogs that 1) starts

off mentioning Daily Kos (saying it deals with  politics), and 2) later says

law-related weblogs are ‘sometimes called blawgs’, correctly shows that there

are many kinds of weblogs written by lawyers, without trying to deal with the

impossible task of deciding which is “really a blawg” — a topic of interest only

to weblawggers.

 







the gossip

her yard fills

with leaves

 


 

“oilcanHNs”   I think the times article was meant to be and is a puff/fluff piece.

Yes, it would have been better if Glater did more research and fact-checking

(bringing in a wider variety of examples, and maybe noticing that Legal

Underground is not mostly Evan’s “thoughts on law cases”).   But, the

quotations used show that the reporter understood the main topic of the

piece — why lawyers seem to be disproportionately drawn to weblogs and

why so many of them are popular.   This piece tells us virtually nothing

about how the New York Times covers the truly important issues of the day.  

Trust me, lawyer-weblogs is not one of those issues.


tiny check  The article did leave out one very significant reason

why many lawyers (and especially law professors and law

students) have weblogs:  They have access to computers

in locations where they are mostly unsupervized and can

wax weblogriful while appearing to be working, studying,

billing, researching, or being otherwise productive.


p.s.  I consider Mike Cernovich’s post about the Times article

a “puff post” and a quickie.  So, I’ll be back to read his more

substantial pieces at Crime & Federalism — letting him know,

of course, when he appears to be demonstrating more bias

than insight.  update (Oct. 8, 2005): Mike, and the omnipresent

and eh-rascible Eh Man, respond to this post here, where I left

a very responsive Comment.

 

tiny check  okay, it’s the weekend and time for some haiku  pumpkin2   

and senryu from Schenectady’s own Yu Chang:

 



pumpkin patch —

this one is big enough

for my son

 

 

 

 

 







homecoming —

standing room only

in my office

 

 

 

 

 

quiet water

she joins me

in silence

 

 

 

 

 

 

 







corporate parking lot

another starling

settles on the power line

 

 


Upstate Dim Sum: Route 9 Haiku Group (2005/I)

 
 








one arm under the pillow

only my hand

asleep

                                                                        prof yabut small flip  prof. yabut

 

 

October 6, 2005

inadvertently . . .

Filed under: pre-06-2006 — David Giacalone @ 10:22 pm
alienating the associates?

Bruce MacEwan at Adam Smith Esq explains why BigLaw
associates — even “across the pond” — have such a high
rate of attrition and dissatisfaction. “The fundamental problem
is simple:  It’s taking longer and longer for fewer and fewer
associates to make partner.”  We all knew that, but Bruce
and Bill Henderson developed a correlation analysis based
on last year’s AmLaw associate satisfaction survey.  And:
“What we found is that, across the board, PPP (profits
per partner) is strongly negatively correlated with every
measure of associate satisfaction—at highly statistically
significant levels.”
vampC That’s right: the more partner-vampires suck blood from
their young, the fewer of them survive.   Because associates are
the future of the legal profession, Bruce prays the profession will
find a solution.   I’d like to suggest to BigLaw associates feeling
queasy over their career choice that hoping partners will become
less greedy is foolish.  Start taking stock of your life and values,
and take control of your career, younguns.   If you need more
motivation see prior posts here on Ivan Illy Esq, the Road to L,
and Prof. Schiltz.  If you think alternative billing will save your
bacon, check out “chronomentrophobia“.

the tethered dog
watches the guide dog
enter a deli

complimenting lawyers?
Prof. Marc Galanter of U. Wisconsin Law, wants us to belive that  laughing man small
it is “a badge of status for lawyers to be seen as able to ‘withstand
this firestorm of jokes'” that engulfs us. (St.Louis Post-Dispatch,
Get used to jokes, author tells law students, Oct. 3, 200; via jb2b).
The professor also links the supposed increase in lawyer jokes to
the fact that “the percentage of cases that actually led to a trial fell
precipitously, he said. That cuts laymen – the juries – out of the
picture and adds to a public perception that lawyers control every-
thing.”  I think we came a bit closer to the nub here.  If the rest of
his upcoming book, “Lowering the Bar: Lawyer Jokes & Legal Culture,”
is similarly misguided, I think the f/k/a Gang will resist the urge to
purchase it.  We do, however, agree with him that law students
should just get used to lawyer jokes, and join in on the laughter.
That’s far preferable to the  suggestion of John C. Keeney Jr.,
then president of the D.C. Bar,  that the Bar “all join me in refusing
to laugh at lawyer jokes” (Washington Lawyer, November 2004).
their laughter
is not about me
but would sound
just like that
if it was
elitist?
Ann Coulter wrote “Harriet Miers went to Southern Methodist University
Law School, which is not ranked at all by the serious law school
reports and ranked No. 52 by US News and World Report.”  This
made Temple U’s Law professor David Hoffman over at PrawfsBlawg
speculate:
pointerDudeSm Which “serious law school reports” don’t rank SMU?
Could it be that Ann Coulter reads Brian Leiter’s Law School Reports?
Maybe that’s why she apparently has turned on the President.
I must admit, that SMU wasn’t on my East-Coast elitist mind when
I was looking for a law school in the early 1970s.  Does any one know
how SMU was ranked/perceived back then, circa Miers’ matriculation?
Full Professor
putting another syllable
between us
uncovered?
I should have seen it coming, when I named this photo image on my
sibs-now-and-then page twins swingers:
twins swingers
It came in as the #4 result in the Google search for twins swingers>.
I wonder if the querist was actually thinking about Minnesota baseball.
tiny check Here are some other recent search engine results that need to
be added to our Inadvertent Searchee page:

Oct. 4, 2005
(about the New Job Market created by conputers and the internet)
as the #1 and #2 results, out of 79,000, for this query.  Naturally,
it was a haiku about a sumo wrestler that created the connection.
Oct. 1, 2005
empty cookie tins>  We don’t usually bother mentioning 5th place
results in Google Searches.  But, this one was kind of cool, and links
to a dagosan senryu, in a post about the Texas Cookie Monster suing
her neighborly teens:
empty cookie tin —
the hermit
heads to bed
“everythingMovie”  Sept. 29, 2005
everything is eliminated movie>  #1 of 1,390,000 results in this Google
query was our post “everything was eliminated,” about the movie Everything
Is Illuminated.  I still don’t understand how the movie review from the New York
Daily News, captioned “The Novel had depth, but bverything is elminated,” came
came in #2, and my post #1.  Weird algorythms, dude.
September 13, 2005
Is paying tickets online unconstitutional> #1 result out of 226,000 for this (very
strange) Google query was a combination of two posts on the same page, one on
fees for indigent criminal defendants and the other, titled “A Better Fix Than Parking-
Ticket.com?” about an online parking ticket fixing service.   By the way, I don’t
know if you or Harriet found your answer, Mr. President, but I’d say “no”.
heading toward sunset —
the migrating geese
make a left turn
learning from the President?
Well, check out the non sequitur cartoon from Oct. 10, 2005.
“Traffic cop sn”

while we sleep . . .

Filed under: pre-06-2006 — David Giacalone @ 3:48 pm

While the rest of us sleep, eat, and work, Ed Markowski

does all of those, gets in a lot of gardening and ESPN,

and “finds” more haiku and senryu than a dozen other

haijin combined.  Here’s a sample from Haiku Harvest

(Fall/Winter 2005), where you’ll find even more:

 

branding iron

 



prairie sunset …
the glow of the cattleman’s
branding iron


 



 







morning glories …
the bite & burn
of a double espresso


 


 



 



her kiss
on the cool side of tepid …
indian summer


 


                                                          coffee cup neg


 


 


hunting season
i lower my shotgun
to watch the pheasants       


 


 


 








tomatoes …
the weight of sunlight
on mother’s back 


 


 


     


dad’s grave
all the flowers he wouldn’t let
mother plant


 

 

 

fence painter  ed markowski from Haiku Harvest (Fall/Winter 2005)

 

 

 

 






  • by dagosan                                               















stained glass window –

a stranger

in autumn twilight

 

 

 

 

 

 

 

 

a sheet

where your head once rested —

rainbow from the stained glass

 

 

 

 

  paint can


 

“Historic District” sign –

textured asphalt

painted “brick red”

 


 

[Oct. 6, 2005]

 

                                                                          

 


 

potluck


tiny check  While pols and regulators sleep soundly, our trusty RiskProf

Martin Grace worries that post-Katrina efforts to override explicit

flood exclusions in homeowner policies “may lead to the long-run

destruction of catastrophic insurance markets.”  Martin explains

issues of contract interpretation and regulatory oversight in a

maket where “No one can force a company to provide insurance

in the long-run.” He reminds us: “if we abrogate contracts in favor

of current claimants, then the interests of future claimants are at

risk and we are all future claimants!”

 

 

plungeGraphG

 

October 5, 2005

supreme court: sages or steel traps?

Filed under: pre-06-2006 — David Giacalone @ 11:42 pm

Show me a brilliant judge whose philosophy (of life, government or

baseball) is the same at 60 or 70 as it was at 20 or 30, and I’ll

show you a mind like a old steel trap — so rusty it’s often useless

or dangerous.  That’s why I worry when told that a nominee to the

Supreme Court “won’t get there and change his mind.”  For my

money, an ideologue who has all the answers from the first day

her butt hits the bench — not learning from the perspectives of others

or the lessons of unanticipated situations, facts, and consequences —

does not, by definition, have an appropriate judicial temperament. 


tiny check And, that’s true even if the nominee

appears today to share all of my political and

ethical beliefs.  (There’s no way, for instance,

that I would want the person I was ten or twenty

years ago making all of my decisions today.)

eyesN  In a post last June, “political maturation after age 30“,  

I gave a 21st Century version of the old saw about the worldviews of

those under 30 and over 40 (which is often incorrectly attributed

to Winston Churchill).  It tweaks conservatives by saying that

anyone over 50 whose heart, mind and eyes are still working is

a “thoughtful liberal”.  The main point, however, is not the tilt of

one’s resultant politics.  The crux can be summarized in two

sentences:


I refuse to believe that personal or political maturation

ends at 30. 


Whatever the conditions in other times and societies,

our stable, affluent and open society permits — and 

responsible citizenship demands — that each individual

continue to learn and grow through successive decades,

letting experience and wisdom remove the blinders of

ideology and radicalism. 

In contrast, Pres. Bush declared on Tuesday:


“I’m interested in finding somebody who shares my philos-
ophy today, and will have that same philosophy 20 years

from now…That’s the way Harriet Miers…is.”

To use a mandatory sports metaphor (but, unlike Bainbridge  “BBallGuys”

and Beldar, eschewing baseball) the very best NBA and NFL

coaches do a lot of learning and adjusting over the years. They

don’t bring their college playbooks and stick to them come hell

or highwater.

 

Bocce might make a better analogy: near-perfect physical

shape is not required to be world-class; strategy and finesse 

are what count the most.  It’s the wrinkled old-timers, not their

grandkids, who are smiling at the end of almost every game.


“BainbridgePix” 

 

Professor Bainbridge wants Pres. George W. Bush to

nominate “a young, committed movement conservative

possessing one of the greatest legal minds of his/her

generation.”  Steve thinks that will guarantee the sort

of decisions that he wishes the Court would make

today.  But, if that great legal mind is both brilliant and

wise, we shouldn’t be able to precisely predict outcomes

over the course of the justice’s service on the Supreme

Court.  And, if Prof. B is both brilliant and wise, his idea

of the perfect result will also change over the next couple

of decades. 

No ideology has all the answers.  Sometimes, really smart people

(and really dull ones) think that they do.   Elders get wise by

learning, observing, listening — not by sticking to the dogma

or prejudices of their youth and merely getting old.  We deserve

Supreme Court justices who are sages, not just steel traps.

 


tiny check By the way, none of the above means that

I endorse Harriet Miers. (see prior post)

update (Oct. 6, 2005): Please see Lyle Denniston’s excellent Commentary

at SCOTUSblog, “Mortgaging Miers’ future” (Oct. 5, 2005).  He argues


“To demonstrate that ability [to be her own person], she has

to contradict the President’s firm declaration that her philosophy

of the law will remain locked fordecades in the time capsule

of the Bush presidency. If the President is right about her, she

could be reminded, no change in political, social, cultural or

economic circumstances, however radical, could move her to

rethink constitutional dogma.”


Denniston quotes from Pres. Bush’s press conference on Oct. 4: “closedSmn”


“I know her well enough to be able to say that she’s not

going to change, that 20 years from now she’ll be the same

person with the same philosophy that she is today. She’ll

have more experience, she’ll have been a judge, but, never-

theless, her philosophy won’t change. And that’s important

to me…I don’t want to put somebody on the bench who is

this way today, and changes. That’s not what I’m interested

in. I’m interested in finding somebody who shares my philos-

ophy today, and will have that same philosophy 20 years from

now…That’s the way Harriet Miers…is.”

Denniston notes: “It is very easy to recall Justices who changed during

their service on the Court. . . . To mention just a few: the first (and the

second) John Marshall Harlan, Chief Justice Earl Warren, Justice Owen

Roberts — and, of course, Justice Jackson,” He concludes:


“If President Bush knows, with confidence, that a Justice

Miers would never adapt in that way, he has put her on the

defensive on the first day after she was chosen, and perhaps

for the balance of any years she would spend as a Justice.”

 

 







  • by dagosan                                               















icy bridge —

grandpa says

“if you skid, pump the brakes”

 

 

[Oct. 5, 2005]


 

 


the past tugs at the heart–
the Old Man’s
wooden bowl

 

 

  translated by David G. Lanoue  

 

prime haiku with jim kacian

Filed under: pre-06-2006 — David Giacalone @ 6:46 pm


It’s been months since I’ve mentioned a great

resource available only here at f/k/a — the

pre-publication version of jim kacian’s haiku primer,

First Thoughts.  Why not pour yourself a glass

of wine and spend time with a poet-editor-publisher

who is a household name among lovers of English-

language haiku.  Here’s the Table of Contents: 

 

kacianSelf



part 1:  Introduction 

              Chapter One – What is a Haiku?

              Chapter Two – Form

              Chapter Three – Content

 

part 2:  Chapter Four – Technique

              Chapter Five – Language

              Chapter Six – How to Write Haiku

 

part 3:  Chapter Seven – A (Very) Brief History of Haiku

              Chapter Eight – Related Forms

              Chapter Nine – Performance

              Endnote – Haiku: The World’s Longest Poem

              Glossary 

 

 

 

For an appetizer, let’s share a six-pack

with Jim: 

 

 


 

autumn breeze—
shadows of wheat
in the waving wheat

 

 

 

 







overnight flight—
how slowly light comes
around the world

 

 

jetTakeOffN

 

 

 

hummingbird I stop a moment

 

 

 

 

 

 

 

 

 

the cold night
comes out of the stones
all morning




 

 

 

                                                                                              leaves falling







leaves falling  leaves falling



walking in
the orchard      suddenly
                          its      plan

 






 


 


 



 



passing the jug
the warmth
of many hands



“the cold night” – Presents of Mind (1996)

“walking in” – Six Directions

“passing the jug” –  a second spring

“autumn breeze” & “overnight” & hummingbird” – Simply Haiku (Aug. 2003)

 

 

breadwine neg

 

October 4, 2005

The LIFE of IVAN ILLY, Esq

Filed under: pre-06-2006 — David Giacalone @ 11:25 pm

The Death of Ivan Ilyich is Leo Tolstoy‘s most famous short story.  Written

in 1886, the 60-page novella is considered a classic portrayal of dying and 

suffering.   However, this story of a respected judge, who becomes ill

and dies at age forty-five, is much more.  It is a cautionary tale about the

choices we make, and don’t make, in our lives, with a message that needs

to be heard (more than once) and seriously considered by everyone, including

members of our often “unhappy and unhealthylegal profession, and by those

contemplating a legal career.  

 

TolstoyLeo  Tolstoy opens the story with the line: “Ivan Ilych’s life had been

most simple and most ordinary and therefore most terrible.”  One critic



“Ivan, the protagonist, followed a well-traveled road, adhering to

‘comme il faut’ (as is expected) or doing what one was supposed

to do in career matters, selection of clothes, choosing a wife, raising

children.”

In keeping with our ongoing “self-assessment” campaign [e.g., see here

(aimed at 1L’s; here (aimed at all law students and recent grads); here

(Homework for those considering law school); and here (for practicing

lawyers)], you can consider this another plea to take stock of your own

values and priorities (not those of your parents, classmates, or the

profession or society in general), and then choose to be true to yourself.

                                                                               

 

Reading or re-reading The Death of Ivan Ilyich should get you in the  

mood to stop procrastinating and start finding out who you really are.  

Indeed, now that The Classical Library has posted a convenient,

free, online version of the short novel, you are out of excuses.

 

                                                                                                      “booksShelvedN”

 

Please, let me assure you, this assignment won’t be torture.  Tolstoy’s

skillful depiction of the desperation and shallowness (and spousal

aggravation) in Ilyich’s life makes for great reading.  Lawyer’s will enjoy

small touches, such as the judge’s realization, when he first goes to

a doctor for his stomach pain that “It was all just as it was in the law

courts. The doctor put on just the same air towards him as he himself

put on towards an accused person.”  Later, when he’s on his deathbed

and the doctor puts Ilyich through a complicated examination, the

narrator tells us:


“Ivan Ilych knows quite well and definitely that all this is

nonsense and pure deception, but when the doctor, getting

down on his knee, leans over him, putting his ear first higher

then lower, and performs various gymnastic movements over

him with a significant expression on his face, Ivan Ilych submits

to it all as he used to submit to the speeches of the lawyers,

though he knew very well that they were all lying and why they

were lying.”

Ivan Ilyich’s desperate life — always doing what he considered his

“duty” and seeking “orderliness” — may seem far too drastic to be

relevant to your own.   But, there is a good bit of Ivan Illy, Esq., in

every lawyer caught up in the status to be gained from “success” in

the legal profession; in the fear of disappointing parents or spouse by

choosing less-travelled paths; or in the endless putting off self-assess-

ment and assertion, due to the attractions or necessity of everincreas-

ing income.  

 

I’ll leave you with a few (of the many) passages that may ring true to

you, and hopefully make you click through to Ilyich’s tale right now

and bookmark it.  (All emphases added.  The full story contains much

more character and ambiance development for your literary enjoyment.)

 

IlyichCover  From his early years:


Even when he was at the School of Law he was just what

he remained for the rest of his life: a capable, cheerful,

good-natured, and sociable man, though strict in the

fulfillment of what he considered to be his duty: and he

considered his duty to be what was so considered by those

in authority. Neither as a boy nor as a man was he a toady,

but from early youth was by nature attracted to people of

high station as a fly is drawn to the light, assimilating their

ways and views of life and establishing friendly relations

with them. All the enthusiasms of childhood and youth passed

without leaving much trace on him; he succumbed to sensuality,

to vanity, and latterly among the highest classes to liberalism,

but always within limits which his instinct unfailingly indicated

to him as correct.


At school he had done things which had formerly seemed to

him very horrid and made him feel disgusted with himself when

he did them; but when later on he saw that such actions were

done by people of good position and that they did not regard

them as wrong, he was able not exactly to regard them as right,

but to forget about them entirely or not be at all troubled at

remembering them.

                                                                      

After 17 years practicing law:


This was in 1880, the hardest year of Ivan Ilych’s life. It was

then that it became evident on the one hand that his salary

was insufficient for them to live on, and on the other that he

had been forgotten, and not only this, but that what was for

him the greatest and most cruel injustice appeared to others

a quite ordinary occurrence. Even his father did not consider

it his duty to help him. Ivan Ilych felt himself abandoned by

everyone, and that they regarded his position with a salary

of 3,500 rubles as quite normal and even fortunate. He alone

knew that with the consciousness of the injustices done him,

with his wife’s incessant nagging, and with the debts he had

contracted by living beyond his means,his position was far

from normal. 

 

                                                                                    “booksShelved”

 

Next day, despite many protests from his wife and her brother,

he started for Petersburg with the sole object of obtaining a

post with a salary of five thousand rubles a year. He was no

longer bent on any particular department, or tendency, or

kind of activity. All he now wanted was an appointment to

another post with a salary of five thousand rubles, either in

the administration, in the banks, with the railways in one of

the Empress Marya’s Institutions, or even in the customs —

but it had to carry with it a salary of five thousand rubles and

be in a ministry other than that in which they had failed to

appreciate him.

 

After the seriousness of his illness (probably stomach cancer)

became clear and Ilyich was in constant pain:


And in imagination he began to recall the best moments of

his pleasant life. But strange to say none of those best

moments of his pleasant life now seemed at all what they

had then seemed — none of them except the first recollections

of childhood. There, in childhood, there had been something

really pleasant with which it would be possible to live if it could

return.   But the child who had experienced that happiness

existed no longer, it was like a reminiscence of somebody else.  

 

As soon as the period began which had produced the present

Ivan Ilych, all that had then seemed joys now melted before his

sight and turned into something trivial and often nasty.  

 

And the further he departed from childhood and the nearer he

came to the present the more worthless and doubtful were the

joys. This began with the School of Law. A little that was really

good was still found there — there was light-heartedness,

friendship, and hope. But in the upper classes there had already

been fewer of such good moments. Then during the first years of

his official career, when he was in the service of the governor, some

pleasant moments again occurred: they were the memories of love

for a woman. Then all became confused and there was still less of

what was good; later on again there was still less that was good,

and the further he went the less there was.

 

                                                                          TolstoyLeo

 

. . .  then that deadly official life and those preoccupations about

money, a year of it, and two, and ten, and twenty, and always the

same thing. And the longer it lasted the more deadly it became.

“It is as if I had been going downhill while I imagined I was going

up. And that is really what it was. I was going up in public opinion,

but to the same extent life was ebbing away from me. And now it

is all done and there is only death.

 

“Then what does it mean? Why? It can’t be that life is so senseless

and horrible. But if it really has been so horrible and senseless,

why must I die and die in agony? There is something wrong!

 

“Maybe I did not live as I ought to have done,” it suddenly occurred

to him. “But how could that be, when I did everything properly?”

he replied, and immediately dismissed from his mind this, the sole

solution of all the riddles of life and death, as something quite

impossible.

 

. . . Why, and for what purpose, is there all this horror? But however

much he pondered he found no answer. And whenever the thought

occurred to him, as it often did, that it all resulted from his not having

lived as he ought to have done, he at once recalled the correctness

of his whole life and dismissed so strange an idea.

IlyichCoverN  When the death of Ivan Ilyich was very near: 


It occurred to him that what had appeared perfectly impossible

before, namely that he had not spent his life as he should have

done, might after all be true. It occurred to him that his scarcely

perceptible attempts to struggle against what was considered

good by the most highly placed people, those scarcely noticeable

impulses which he had immediately suppressed, might have been

the real thing, and all the rest false. And his professional duties

and the whole arrangement of his life and of his family, and all his

social and official interests, might all have been false. He tried to

defend all those things to himself and suddenly felt the weakness

of what he was defending. There was nothing to defend. [emphasis

added]

 






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

 

      translated by David G. Lanoue  

 

In the very near future, I will be set up a Career Choices/Changes Page,

listing resources that can help in the process of self-assessment. If you

feel the urge to start the process of getting to know yourself and your

career options better, you can find links to relevant materials in this post

and that post. 


tiny check  If you’d like to try a book that helped me

think about and act on taking charge of my own life and

emotions, see A Conscious Life: Cultivating the Seven

Qualities of Authentic Adulthood, by Fran Cox, Louis

Cox (Conari Press, 1995) (available used for cheap)

 


 
his quiet funeral —

a man who did

most of the talking




from frogpond XXVIII: 1

 

 

 





sweltering twilight

    a waft of cool air

from the graveyard

 

 

 

 

against the tombstone

with the faded name

homeless man rests


      George Swede 

       from Almost Unseen (2000)

 

 

funeral procession . . .

snowflakes blowing

into the headlights

 

         Randy Brooks

           from Vintage Haiku of Randy Brooks 

                                                                                                                           noYabutsSN

 

finally: morden enough

Filed under: pre-06-2006 — David Giacalone @ 7:54 pm

It’s another day that was too good to stay indoors.

And, another day when I was stuck indoors glimpsing

the blue skies through closed windows. 

 

boy writing neg Although missing out on nature, I nonetheless

managed not to write an intended major posting, and am

very late with this daily haiku offering. 

 

I’d be stress out, except that two very good things

happened today:


First, after spending more than a year complaining

that there aren’t enough haiku for me to use from

our Honored Guest Matt Morden, I have discovered

a great source for Matt’s work: his brand-new weblog

(started two days ago, Oct. 2, 2005) named Morden Haiku

Although Matt is probably tired of puns on his surname,

I think the weblog name is just such a pun, as Matt  

combines photos with many of the poems (making

them haiga).  [It’s a good thing they’re aren’t any

trademark lawyers working for Modern Haiku!]


Here is the very first haiku at the site (click here

to see the accompanying photo), plus today’s

Morden Haiku posting (click for the photo-poem):

 

 

 





summer’s end
explosions in the gaps
between stars

 

 

 



 

 

a barrow of windfalls–

emptying out

apple-scented rain

 

 


And, for you,

a bonus pair:

 

 

 



hermitage

a small hole dug

deep in an acorn

 

 

 

 

 

 



following fog

off the cold hill

remains of the moon

 

 

 


hermitage” – The Heron’s Nest (May 2001)

a barrow of windfalls–” The Heron’s Nest (Jan. 2002)

“following fog” – Snapshots #2 1988

 

Second, while doing a quick drive-by at The Legal Underground

I learned that the gracious, but (stubbornly) anonymous, Editor

of The Blawg Review has written a review of f/k/a, which was

post Oct. 2, 2005.  “Ed” focused on the lawyer-poetry connection,

which suits me just fine.  Thanks, Nameless One.

 


 










  • by dagosan                                               














oil prices

heading skyward

a hungry flock flies south

 

 

[Oct. 4, 2005]

 

potluck


tiny check Tort Geeks Festival! I’m sorry I missed the AEI Katrina liability   medbag

conference yesterday in D.C. and am looking forward to debriefings

from the participants, such as the host, Ted Frank, and Martin

Grace, the RiskProf.  I’m also sorry that I wasn’t a (gad)fly on the

wall for the dinner Friday night at Princeton, which brought together

the five co-bloggers from Point of Law.

 

 

tiny check  Yes, I was among those waylaid yesterday by news of the Miers

nomination.  But, I did check out Blawg Review #26 at Tom Mighell’s

Inter Alia.   Among other good things I found there, was a pointer to

Kevin Thompson at Cyberlaw Central, who had an important warning 

last week about the FCC’s intention to require ISPs and broadband

providers supply “backdoors” to law enforcement that will allow them

to monitor communications. CyblerLaw is my newly-discovered

weblawg of the week, and I shall return to Kevin’s window on the digital

world.

 

tiny check  Lisa Stone at Law.com’s weblog summary Inside Opinions, has

asked whether and when jurors should be “blogging” about jury duty.  The

question came to her from Josh Hallett and his weblog hyku (not related to

your Editor).  She got thoughtful responses from a distinguished panel of

lawyer-bloggers.  I certainly agree that having a weblog does not change a

juror’s obligations to the court and the justice system during or after trial,

but that leaves plenty of room for appropriate weblog writing when the

trial is over.

 

                                                                                                                                                      boy writing flip


 

October 3, 2005

picture-perfect

Filed under: pre-06-2006 — David Giacalone @ 7:00 pm

 

Autumn days don’t get lovelier than today in Upstate New York

(unless you demand colorful leaves).  A good time for haiku from

Rochester (NY)’s Tom Painting:

 

 

 


the foul ball lands

in an empty seat

summer’s end

                               

 

 

 


 

 









 

one seed
at a time
winter finch

 

 


leaves flying

 

 

 

autumn light

I lower the window

cover my child’s feet

 

 

 

 

 

 

 


a skim of ice

above the spillway

quaking aspen

 




 






“autumn light” & “the foul ball lands” – piano practice 

one seed” – The Heron’s Nest (March 2004); “a skim of ice” – Frogpond XXVIII:1 (2005)

 










  • by dagosan                                               














an autumn day

too good to waste –

the factory whistle blows

 

 

 

 




    capsizing

tourboat –

one walker slowly sinks

 

 

 
[Oct. 3, 2005]

potluck


tiny check  Don’t miss Ernie Svenson’s fine poem “Driving to the Airport,” 

and the poetic offerings of his colleagues at Between Lawyers.” 

(Find links to other lawyer poets at Strangers to Us All)

 


“tinyredcheck”  Yesterday (Oct. 2, 2005), a small, single-deck tour boat overturned

in nearby Lake George (NY), killing 21 elderly foliage-sighteers from Michigan. 

(see here and here)  It was a lovely Sunday, clear with calm waters.  A very sad

occasion, with  many unanswered questions. 

 

tiny check  There’s been too much weblogging for me on this visually- and

tactilely-perfect autumn day.  So, I’ll sign off and beat the sun to the horizon.

 

 

                                                                                                                                                             infielderS

 

 

 

 

this George W. knows how to pronouce ‘Iraq’!

Filed under: pre-06-2006 — David Giacalone @ 4:47 pm

Gen. George W. Casey, Jr., the commanding general of multinational and

U.S.forces in Iraq, was a fairly typical Administration talking head on ABC’s

This Week yesterday (all-tautologies-no-apologies). With one BIG difference

that made him an instant hero for Prof. Yabut: he knows how to pronounce

‘Iraq’ correctly — with the “I” pronounced as in “irritate” or “Iroquois,” not as

in “irate.”  Think ear-raq, instead of eye-raq.

 

GWCasey I hope Gen. Casey truly has a “plan and a strategy” to complete

America’s mission in Iraq quickly, with as little additional death and destruction

as possible.  But, I’m not at all sure he can manage that.  However, one thing

he can do immediately is instruct his spokespersons and all of our armed

forces in the Iraqi theatre to start pronouncing Iraq correctly — at least, when

they are being recorded for the public.  This may undo some of the damage

already done to American English since the current Administration took office.

 

tiny check Here are some ways to remember the correct pronunciation of “Iraq,” 

keyed to your preferred learning style:


For the Auditory Learner: Listen to the pronunciation provided

by American Heritage Dictionary.

 

For the Visual/Written Word learner:  Here is the  

American Heritage‘s pronunciation guide:  -rk, -r

Bush’s Terrible Two’s: choosing Harriet Miers

Filed under: pre-06-2006 — David Giacalone @ 2:12 pm

With a petulant cry of “cronyism/schmonyism”, GW Bush has shown

the world that he will to appoint old friends and cronies if he wants to —

even to the most important and consequential positions. (see CNN.com,

“Bush picks White House counsel for Supreme Court”) President Bush’s

second choice for a Supreme Court justice looks from here to be a bad

case of Terrible Two’s — the need to prove just how independent and in

charge he is, while still needing the reassurance of  unqualified love and

devotion, which he apparently receives from Harriet Miers

 

MiersBush  Of course, I’m willing to be persuaded otherwise, but my initial

reaction is similar to that of Prof. Bainbridge: “This appointment reeks of

cronyism, which along with prideful arrogance seems to be the besetting

sin of the Bush presidency.”  And, Steve asks a great question: “Why is

the leader of a party that [is] supposedly about merit and against affirmative

action making an appointment that can only be explained as an affirmative

action choice?” [can you say “spousal suasion“?]

 

Naturally, unlike Prof. B, it’s not Miers’ lack of a “public track record of

proven conservative judicial values” that concerns me.  It’s the scarcity of

information for evaluating her likely judicial temperament (especially open-

minded fairness) or the excellence of her mind.  Her blind devotion to the

policies of George W. Bush, obviously worries me.  Making it all much

worse is the fear that neither party is likely to give us a confirmation process

that will enlighten or edify the public.

 


tiny check  I’ve often opined that I will gladly choose a person

with an excellent and open mind, with whom I often disagree,

over a person who always agrees with me but has either an  

agenda or a mediocre mind.  I can’t expect Pres. Bush to

name someone with whom I am likely to always agree, but

I do expect a nominee of high intelligence with no secret

agendas. 

 










 

Gimme that moon!

cries the crying

child

 

  translated by David G. Lanoue  

 

tiny check  You will, as expected, find much more on this topic

at the SCOTUSblog‘s roundup, and at The Volokh Conspiracy

Plus, more from Steve Bainbridge here and there.

 

 


telling her its time
for a diaper change:
   “I did not”

 


    Tom Clausen

      from Homework (Snapshot Press 2000)

update (Oct. 4, 2005):  Receiving a tip from Randy Barnett, Lawrence Solum

at Legal Theory Blog offers this very cogent excerpt from Alexander Hamilton

in Federal Papers No. 76 (emphases removed, because it’s all important):

 

HamiltonA  Federalist No. 76

 

To what purpose then require the co-operation of the Senate? I answer, that

the necessity of their concurrence would have a powerful, though, in general,

a silent operation. It would be an excellent check upon a spirit of favoritism

in the President, and would tend greatly to prevent the appointment of unfit

characters from State prejudice, from family connection, from personal

attachment, or from a view to popularity. In addition to this, it would be an

efficacious source of stability in the administration. 

                                                                                                     

 

It will readily be comprehended, that a man who had himself the sole disposition

of offices, would be governed much more by his private inclinations and interests,

than when he was bound to submit the propriety of his choice to the discussion

and determination of a different and independent body, and that body an entier

branch of the legislature. The possibility of rejection would be a strong motive to

care in proposing. The danger to his own reputation, and, in the case of an elective

magistrate, to his political existence, from betraying a spirit of favoritism, or an

unbecoming pursuit of popularity, to the observation of a body whose opinion would

have great weight in forming that of the public, could not fail to operate as a barrier

to the one and to the other. He would be both ashamed and afraid to bring forward,

for the most distinguished or lucrative stations, candidates who had no other merit

than that of coming from the same State to which he particularly belonged, or of

being in some way or other personally allied to him, or of possessing the necessary

insignificance and pliancy to render them the obsequious instruments of his pleasure.


seesaw 


update (Oct. 6, 2005): As Prof. Bainbridge points out today, Robert Novak wrote

today that Pres. Bush was irked by those who kept insisting he satisfy his base

and who opposed the selection of other Bush cronies (like AG Gonzales).  So,

(like a two-year-old, we’d say) GW “showed them” who’s in charge. Steve collected

a few links and adjectives for us:


“It fits the picture of a President who’s got a short fuse, intense loyalty

to a very select group of people, a strong stubborn streak, a reputation f

or holding grudges, and who maybe never really was a true believer

himself.”

 





                                                                                                                     hand prints flip


 

October 2, 2005

skipping leaf to leaf

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

autumn footpath;

on the familiar elm

new initials

 

 

 

 




that chipmunk again
river sunlight skipping
leaf to leaf

 

 

 





leaves flying

 








the shelter of a tree—


neither of us knows


the other’s name


 



“chipmunk” & “shelter” –  finding the way (Press Here, 2002)

“autumn footpath” – A New Resonance 2; Frogpond XX:3 

 

 


 






  • by dagosan                                               






sitting, then standing, 

book in hand —

one gull floats, flies, floats

 

 





 

 

opening the used book —

someone else’s

coffee stain

[Oct. 2, 2005]

 



 

 potluck


tiny check I didn’t read about the new report on used book sales, by the

Book Industry Study Group, until this morning.  I’m not at all

surprised that the internet has helped create a booming market

for used books — with sales topping $2.2 billion in 2004.  (see

AP/Washington Post, “Used Books are $2 Billion Industry,”

by Hillel Italie, Sept. 28, 2005).  Amazon.com Marketplace,

and eBay have made it possible for large vendors and individuals

to sell used books online.  This has made it easy for all of us to

save a large amount of money by purchasing used books online.

My experiences doing so have been very satisfactory — almost

all of the books purchased by me over the past few years have 

arrives in fine shape and quickly. 

 

ship to label sm 2

 

Naturally, the book publishers and writers guild are upset and

concerned about losing sales.  Whether used book sales will

reduce overall sales and profits of new books is a prediction

that I cannot and will not make.   I do know, however, that the

option to purchase used books is a boon for consumers —

especially those without ample disposable income.  You’d

expect the emergence of a cheaper, but virtually identical option

for consumers, to lead to lower prices on new books (which have

a list price that is not particularly connected to actual production

costs).  However, the AP article says that Jane Friedman, CEO

of HarperCollins, “rejects the idea of lowering prices.” 

 

It is a plus for purchasers of non-educational used books (especially  priceReducedN

novels) that the gimmicks used to combat used textbooks — raising

the prices of new ones and then putting out frequent new editions in

order to make the old ones obsolete — shouldn’t be viable.  It’s a good

and interesting story.  Thank the magic of the internet for the Used Book

Marketplace!  (Find useful weblog discussion at Copyfight, along with

relevant links.)


 

 

            

                                                                                                          oilCanHs

 

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