Before 2006 gets much older, I want to look back at f/k/a‘s 2005 highlights
(if only to figure out why those Blawg Review guys gave us the “Creative Law Blog“
award). However, our peridementia problem makes detailed recollection difficult
and — far worse — having a weblog webserver that hardly ever grants me acces
makes a thorough review impossible.
“OLd&NewYearS”
Never fear, though, one thing we learned in 2005: When at a loss for something
to post, go to our StatCounter Keyword Activity page to see which searches
brought us visitors this week (even if inadvertently). So, here’s a hastily-made
retrospective of f/k/a in 2005, seen through the slightly murky lens of Google
and Yahoo! search engines:
wanita young cookies> One visitor got here yesterday through our 4th
place finish in this Google search. It was only eleven months ago when the nation
was in an uproar, canonizing two Durango, Colorado, teenage cookie heroines and
condemning their victim, Wanita Young, for taking them to court. This query reminded
me that f/k/a was the first weblog to attempt to bring some common sense and balance
to the story. Re-reading our post cookie curmudgeon (Feb. 5, 2005), I wouldn’t change
a word (except perhaps to chastise more strongly the web morons who wrote they
hoped Wanita would die). Indeed, I’ll repeat two rather thoughtful passages that
have broader application:
The entire Cookie Caper would make a great lesson for parents
to teach their children — (1) do random acts of kindness, but (2) think
through how to do them so that the recipients will be pleasantly surprised.
Suggesting that this episode means no one should act kindly toward
neighbors or strangers, or that doing so in a thought-full, thought-through
manner raises unacceptable risks of being sued, is simply asinine. Almost
any case can be made to sound like a miscarriage of justice, or a symbol
of what’s wrong with our society or legal system, if you leave out enough
facts. I have little hope for the main-stream media, but I wish my weblawg
colleagues would try a little harder to present cases in a fair manner.
young widow
asks for another
fortune cookie
from Almost Unseen
estate auction–
can’t get my hand back out
of the cookie jar
from School’s Out
scarecrows standing–
a house without rice cakes
can’t be found
attorney conduct> We only showed up at #10 in this rather open-ended
Google Search, which brought a visitor to e-shaming and lawyer conduct.
But, that post, from March 7, 2005, started an interesting discussion. We
asked: “Does online infamy, or the fear of it, cause lawyers to improve their
conduct? Can it spur rehabilitation and deter unprofessional performance?”
We showed that a lawyer in the news, or just in the blogisphere, for question-
able conduct or judgment would find those stories at the top of any Google
searches for her or his name. It sure made me want to behave.
– click here for 15 Issa haiku on shame, including –
filled with shame
flat to the ground…
the thief cat
the lover cat
with a shameless face
has returned
ashamed
napping, hearing
the rice-planting song
Issa, translated by David G. Lanoue
(Nov. 3, 2005) was the first result in this Google search. Wearing our
Italian heritage proudly, we opined that the nickname “Scalito” “is suf-
ficiently immature, misleading and insulting (to both ends of the portman-
teau — Scalia and Alito), to be inappropriate in a serious public debate.”
We did not believe, however, that “Scaltio”was some grave insult to Italian-
Americans. Instead, among other rather wise (not wiseguy) thoughts, we
noted:
The immediate charges of anti-Italian bias by the National Italian
operatives, followed by defensive speculations on the left about the
intentions of the complainants, suggest that raising the American
Emotional Quotient (and especially that of the media, the Web, and
“defamation professionals”) should be an important national priority.
Whether hired, self-annointed or otherwise chosen, those who see their
jobs as protecting and defending the “reputation” of any group, far too
often adopt a lowest-common-threshold of offense, and an ultra-sensitive
ear for insult.
empty bottle
a few words
I would like to take back
first result for both of these Google queries was from May 2005 post titled
peridementia and our aging knowledge workers. The post worries about
the abundance of Baby Boomer brainos that occur already each day, and
ponders what that means for our position in the work force. The Google
search found the peridementia post, because it appeared at a time when
the following haiku by Issa was in our Sidebar:
Happily, there was another result nearby that actually dealt with the problem.
It’s comforting to think that Issa was having similar difficulties two centures
ago.
sexy threesome postures> The #1 result out of 10,700 in this Google inquiry
was our halloween tricks: pols vs. sex offenders (which probably disappointed
the searcher. You probably don’t need to be reminded that sex-offender-scape-
goating is still on the mind of our politicians, what with all the New Year “State
of the” speeches given at every level of government. Oh, yes, our children are
going to be so much safer now.
In the post, we said:
The scariest sights I’ve seen so far this trick-or-treat season are
the stern faces and contorted postures of politicians, masquerading
as super-heroes in the fight to protect our children against a horde
of halloween sex offenders. As the New York Times described
earlier this week (“Sex Offenders See New Limits for Halloween,”
Oct. 26, 2005):
“witchbrewS”
halloween
i only tell the priest
so much
battery weakened
the low, slow laughter
of a demon
from Some of the Silence
nysba + lawyer advertising> Our December post, nysba disses lawyer advertising,
was 3rd, and our May post, born there — MCBA ad guidelines, was 4th in this Google
search. It’s a good reminder that the lawyer’s right to advertise and the consumer’s
right to receive lawyer advertising are under attack by the profession’s Dignity Police,
who also — in our humble opinion — don’t like undue competition and seem to believe
that consumers are dunces.
update (11 AM): Again this morning, our coverage of Pape & Chandler‘s
fight to use its Pit Bull Logo and 800 Number was near the top of a
Google Search for pit bull bites>. f/k/a has been the leading source
for breaking news on this topic for the past year, with coverage going
from the very serious to the somewhat less-serious.
lawyer standard contingency fee> An 1998 article by Your Editor was #1,
and the f/k/a April Fool’s Day post — announcing the condemnation of the standard con-
tingency fee by an organization called ATLA — was #2 in this Google query. Sadly, #3
was a post ethicalEsq did on this same topic, from the first week of the existence of this
weblog. Despite the real ATLA giving lip-service to adjusting contingency fees to the
risk taken by the lawyer in each case, we’ve seen no evidence of any improvement
since ethicalEsq started his campaign. Most p/i lawyers still proffer only the local
Standard Contingency Fee rate to their clients, no matter how easy or lucrative the
case. We were even arguing about it yesterday — and we promise to keep up the
discussion for as long as this weblog exists.
Showing up near the top of a Google search
for judge Loretta Preska> today did, however, give us a
small smile of gratitude. See clone that judge, where Judge
Preska got a tip of the hat for trimming the plaintiff lawyers’
fee request in the Bristol-Myers Squibb Securities Litigation,
and thereby helped clarify for other judges — and maybe
even for plaintiffs’ lawyers — the factors that need to be con-
sidered when counsel want to be paid a percentage of their
clients’ winnings. [how much risk, how much work, how much
expertise]
north carolina lawyer shortage> The first result out of 1.5 million in this Google
query was our post Law School Deprivation Syndrome in NC — which begins:
My eyes filled with tears, as I learned the plight of the Tar Heel state
— too few lawyers, due to having too few law schools, resulting in a
severe case of Law School Deprivation Syndrome [“LSD”] for
North Carolinians.
Once you read about LSD, I’m sure you’ll be pulling for the success of Elon
University Law School, which opens its doors in autumn 2006, in Greens-
boro, NC, and promises that all students will have “executive coaches,” who —
according to Dean Leary Davis — “will help students battle against ‘dark side
traits’,” like lack of discipline, procrastination and perfectionism. Any skeptics
should heed the warning of Drexel Law School’s Carl Oxholm, who points out
that “The Baby Boomers are getting old,” and “The legal problems they’re going
to have are going to be astounding.”” (see Inside Higher Ed, Nov. 3, 2005)
lawyer nicknames> #1 and #2, of over 300,000 Google results, in this search
was our post SCotching lawyer nicknames, where we explained:
Florida’s lawyer-advertising police can finally point to a state with
even sillier rules than their own — South Carolina. Thanks to some
asinine legislative over-reaching by “tort reformers,” it is now unlawful
for a lawyer to advertise with “a nickname that creates an unreasonable
expectation of results.”
After additional astute commentary, we offered some practical advice,
should the silly nickname ban be upheld in Court:
I suggest that South Carolina lawyers consider officially changing
their given or middle names — perhaps to Champion, Rock, Vindicator,
or the ever-popular Hammer. And, please plan ahead: give your children
names they can grow into that inspire confidence in the gullible. Native
Americans — or their admirers — could probably come up with some very
evocative and effective names (“She Who Takes Many Scalps,” “He Who
Always Gets One-Third”). Do you think “Sue” is allowed?
As you may know, f/k/a did not win the Best Eclectic Law Blog Award
from Blawg Review — that honor went to Prof. Steve Bainbridge. But,
we nonetheless covered a lot of ground in 2005 outside of the legal
field [and in addition to our daily presentation of haiku and senryu] —
as was demonstrated this week on our Keyword Activity Page.
For example:
gumba meaning Italian> The #1 result in this Google search was our
piece agita & attention deficit disorder (Oct. 28, 2005), which went from
who’s being mean to Harriet Miers, to the significance of lying under oath
(in re Scooter Libby), to stopping medications based on a lawyer’s tv
ads, and then to the definition and etymology of “agita,” which we helped
explain by presenting the lyrics from the Broadway Danny Rose song of
the same name (by Nick Apollo Forte). The line “My gumba in the banzone”
appears throughout the song. Gumba, the Sicilian expression for the
Italian word “compare,” means a very close family friend (such as the
godfather of your children).
lawyer hair> We registered the #6 result (out of 5.4 million) in the Google
search for this interesting phrase. Google pointed to our hair-brained priorities
— a much broader discussion of the dramas caused by Bad Hair Days, and
their impact on each gender. The piece includes an admission by the
Editor that “some of my very worse bad hair days happened while I was an
antitrust lawyer.”
late day showers…
my hair gel
reactivates
soup slurping complaints> The #1 and 2 of 9280 Google results was our
treatment of menudo soup in cuatro de mayo – soups and sticks, which was
followed by the Issa haiku below. Don’t give up on Google, though: the #3
result was a post from pho-king weblog complaining about loud soup slurping
— to wit, Vietnamese Pho.
his dusty cookbooks
soup can
in the sink
plum blossom scent–
slurping it in
with the vegetable soup
“toiletPaperF”
woman farting on blind date> #4 of 216, 000 results in this Google query
was a Google blind date, which is actually an astute discussion of the
amazing communication and networking tools that weblogs have become
thanks to search engines and internet access. The post had mentioned
our #2 position in a Google Search on
thanks to a poem by Master Issa.
If you are really a male adolescent at heart, plus a haiku lover,
click here for 20 Issa poems that deal with farting. A sample:
going outside the fence
to fart…
a cold night
the fart contest
begins at once…
winter quilt
not incense
not a fart…
the year ends
Issa, translated by David G. Lanoue
Frankly, we did a lot of other interesting things here at f/k/a
in 2005, which we have neither the memory nor the energy to recall right now
(plus, we explained the difference between gerunds and participles, with
examples!). You can indirectly discover many more on our Inadvertent Searchee
page. And, it goes with out saying, that you can find the heart of this weblog
by checking out the links to our Honored Guest Poets.
“NoYabutsSN”
January 7, 2006
auld blog syne
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The entire Cookie Caper would make a great lesson for parents 




Showing up near the top of a Google search 




Frankly, we did a lot of other interesting things here at f/k/a
Hi David
Your comments re the Creative Law Blog awards have set me off on one of my particular soapboxes. The ever-present nature of the gong hand-outs now renders the whole process meaningless, since pretty much everybody can now get an award for anything. And if you are not nominated for anything else, you can set up your own category of awards and nominate yourself and/or your mates.
Even UK education now goes down this path – when I was at the college, I had to organise an annual awards ceremony to recognise student achievement (this is a requirement of the college inspection process) with the amount of awards dished out meaning that efforts of those students who had really achieved something were devalued.
Also, big business now views awards as just another tool in the PR puffer / marketeers armoury and the opportunity to shift a bit more product. And I won’t even start on the UK’s bi-annual civil honours list, which John Lennon so rightly boycotted.
In view of all this ranting, could I suggest something positive and state that the haiku webloggers awards boycott starts here – maybe there could be a gong for whichever one of us does it best?
matt
Comment by matt — January 8, 2006 @ 1:05 am
Hi David
Your comments re the Creative Law Blog awards have set me off on one of my particular soapboxes. The ever-present nature of the gong hand-outs now renders the whole process meaningless, since pretty much everybody can now get an award for anything. And if you are not nominated for anything else, you can set up your own category of awards and nominate yourself and/or your mates.
Even UK education now goes down this path – when I was at the college, I had to organise an annual awards ceremony to recognise student achievement (this is a requirement of the college inspection process) with the amount of awards dished out meaning that efforts of those students who had really achieved something were devalued.
Also, big business now views awards as just another tool in the PR puffer / marketeers armoury and the opportunity to shift a bit more product. And I won’t even start on the UK’s bi-annual civil honours list, which John Lennon so rightly boycotted.
In view of all this ranting, could I suggest something positive and state that the haiku webloggers awards boycott starts here – maybe there could be a gong for whichever one of us does it best?
matt
Comment by matt — January 8, 2006 @ 1:05 am
Hi David
Your comments re the Creative Law Blog awards have set me off on one of my particular soapboxes. The ever-present nature of the gong hand-outs now renders the whole process meaningless, since pretty much everybody can now get an award for anything. And if you are not nominated for anything else, you can set up your own category of awards and nominate yourself and/or your mates.
Even UK education now goes down this path – when I was at the college, I had to organise an annual awards ceremony to recognise student achievement (this is a requirement of the college inspection process) with the amount of awards dished out meaning that efforts of those students who had really achieved something were devalued.
Also, big business now views awards as just another tool in the PR puffer / marketeers armoury and the opportunity to shift a bit more product. And I won’t even start on the UK’s bi-annual civil honours list, which John Lennon so rightly boycotted.
In view of all this ranting, could I suggest something positive and state that the haiku webloggers awards boycott starts here – maybe there could be a gong for whichever one of us does it best?
matt
Comment by matt — January 8, 2006 @ 1:05 am
Hi David
Your comments re the Creative Law Blog awards have set me off on one of my particular soapboxes. The ever-present nature of the gong hand-outs now renders the whole process meaningless, since pretty much everybody can now get an award for anything. And if you are not nominated for anything else, you can set up your own category of awards and nominate yourself and/or your mates.
Even UK education now goes down this path – when I was at the college, I had to organise an annual awards ceremony to recognise student achievement (this is a requirement of the college inspection process) with the amount of awards dished out meaning that efforts of those students who had really achieved something were devalued.
Also, big business now views awards as just another tool in the PR puffer / marketeers armoury and the opportunity to shift a bit more product. And I won’t even start on the UK’s bi-annual civil honours list, which John Lennon so rightly boycotted.
In view of all this ranting, could I suggest something positive and state that the haiku webloggers awards boycott starts here – maybe there could be a gong for whichever one of us does it best?
matt
Comment by matt — January 8, 2006 @ 1:05 am
– Matt: could I suggest something positive and state that the haiku webloggers awards boycott starts here –
Davd: Here, Here! I second the motion and join the haijin boycott — I shall neither run for nor accept any Haiku Weblogger Award. s/ Your Editor, dag
Comment by David Giacalone — January 8, 2006 @ 2:52 am
– Matt: could I suggest something positive and state that the haiku webloggers awards boycott starts here –
Davd: Here, Here! I second the motion and join the haijin boycott — I shall neither run for nor accept any Haiku Weblogger Award. s/ Your Editor, dag
Comment by David Giacalone — January 8, 2006 @ 2:52 am