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

February 12, 2006

Wisteria (the Journal) is coming in April

Filed under: pre-06-2006 — David Giacalone @ 1:35 pm

Tony A. Thompson, founder of Gin Bender Poetry Review 

and host of the Coffee.Tea.Haiku weblog, has announced


publish its first edition in April 2006.

 

“WisteriaUSDA”

 

Tony says: “Wisteria is dedicated to publishing original, English-

language, or contemporary haiku, senryu, and tanka.  The journal

will be published quarterly (January, April, July & October) begin-

ning in 2006. It will be a small sized (4 1/4 x 5 1/2), desktop pub-

lished, saddle-stapled, card stock cover magazine.”

 

tiny check Writers and readers of haiku, senryu and tanka can still

participate in the launching of Wisteria — click here for

information on Submissions and Subscriptions.

 







wisteria in bloom–
voices of pilgrims
voices of birds

 

 

 

 

 

land of vegetables–
a tea house with blooming

wisteria

 

 


 




the setting place
for the spring sun…
wisteria blossoms

 



translated by David G. Lanoue

 

                                                                                                                 “WisteriaKQatsi”

 

 

p.s. Tony’s new hokku enterprise reminds me of my favorite

passage about the significance of haiku.  It’s be Lee Gurga:



    “Wouldn’t it be great if there were a kind of poetry that could be

written anywhere, anytime, by anyone?  A kind of poetry that children

could enjoy yet even accomplished poets needed years to master? 

A poetry with the simple aim of making us aware of life’s simple gifts

and everyday joys?  An antidote to irony, consumerism, and narcissism? 

A kind of poetry in which the best journals invited all excellent work, no

matter who the writer knew or did not know?

 

    “There is: haiku is that kind of poetry.”




Lee Gurga, from Haiku: A Poet’s Guide (Modern Haiku   

Press, 2003), from the introduction, “An Invitation to Haiku.”

 

“WisteriaUSDA”

 

February 11, 2006

hotham on saturday night

Filed under: pre-06-2006 — David Giacalone @ 8:46 pm




The f/k/a gang is not feeling very inspired today.  But, we

have our stash of Honored Guest poetry for your enjoyment,

and chose a few winners from Gary Hotham

 

 

 

 

 


the dog takes a sniff 

— snow that didn’t go

with the first warm day

 

  

 

 

 



HouseCards

 







thrown away

without counting–

birthday cards

 


 

 

 

 



warm night —

a soda machine rejects

my coin

 

 

 

 








three caws

and the crow has flown

over

 

 

 

 

 

each lull

in the winter wind:

you and I

 

 

 


“snowflakeS”  gary hotham

 the dog takes a sniff” – The Heron’s Nest (Dec. 2005)

“warm nights” – The Heron’s Nest VII:2

“thrown away” frogpond XXVII:3

“each lull” & three caws” – breathmarks (1999)


 





rearview mirror–

the baby face

is gone

                   dagosan

 


potluck


tiny check Since we’ve never been reluctant to mention the shortcomings “PhantomMasK”

of our beloved Schenectady, NY, or Metroplex, its economic development

agency, it is only fair to give a standing ovation for a great success story. 

Supported by a $9.5 million Metroplex grant, and its own fund drive, our

already grand Proctor’s Theater has expanded its stage area, in order to

accommodate even the largest Broadway roadshows. The boosters promised 

to bring those shows to our small city (which is part of the NY Capital Region,

along with Albany, Troy, and Saratoga Springs), and to put some life into our

mostly moribund downtown com-mercial scene.

 

To prove it, and despite the skeptics, Proctor’s lured the road production

of The Phantom of the Opera to Schenectady, for the longest run in the

old vaudeville Theater’s history — the entire month of February.  A week

into the run, Proctor’s announced that all but one hundred of the 80,000

available tickets have been sold (with all the remainders being single

seats).

 

Proctor's9

 

Perhaps more important, with a cast and crew of 150, plus the thousands

of theater-goers bringing customers to restuarants, hotels and other es-

tablishments, downtown businesses are beaming and crowing. (Fox23News,

Albany, NY, “Ecomonic Boom with Phantom of the Opera“, Feb. 10, 2006).

 

Proctor’s has always been able to bring business to downtown Schen-

ectady only one night at a time.  If it becomes a destination of choice

for major Broadway roadshows and their audiences, the foot-traffic that

has been so sorely missing, and the core of business needed to sustain

a lively downtown, may indeed be possible in the near future — in this

City that has lost so much of its jobs, population, stores, and hope over

the last few decades.  Thanks and best wishes to Proctor’s “Next Stage”

and all who have made it possible.

 

                                                                                                                                                    PhantomMaskF

February 10, 2006

clients clipped in fat-booty coupon settlement

Filed under: pre-06-2006 — David Giacalone @ 3:55 pm

pirateS ethicalEsq first complained about class action “coupon settlements — with their tiny benefits for clients and giant fees for lawyers — in June 7, 2003, at the end of this weblog’s first week of posting. Like most practices in our litigation system that feed on lawyer greed, the problem has apparently not diminished since then, despite efforts by the Federal Trade Commission and the constant vigilance of Walter Olson at Overlawyered.com.

Let’s hope, however, that the NY Appellate Division’s decision In Klein v Robert’s Am. Gourmet Food, Inc (N.Y. A.D. 2d Dept. Jan. 31, 2006), gets the attention of the class action bar (and bench) and helps to reduce significantly the likelihood of scam coupon settlements. Walter at Overlawyered.com, Point of Law‘s Ted Frank and Tom Perrotta at the New York Law Journal, have spotlighted this “Pirate’s Booty” case over the past few days. It involves a 2003 class action settlement that was approved by Nassau County Supreme Court judge Ute Wolff Lally As NYLJ summarizes (Feb. 7, 2006):

.

penny sm“A $3.5 million class action settlement — and $790,000 in attorney fees — over snack foods that were found to have more fat than advertised has been thrown out by a state appeals court in Brooklyn. “The [ruling] found that the trial judge who approved the settlement did not adequately consider the relevant factors in certifying a class over Pirate’s Booty snacks . . It remanded the case for further consideration. “The court, in a signed opinion by Justice Steven W. Fisher, said the attorneys who worked on the case had offered an insufficient explanation of their work to justify the fees. . . .

“Robert’s had advertised its snacks — Pirate’s Booty, Fruity Booty and Veggie Booty, among others — as low-fat, low-calorie snacks. But tests from Good Housekeeping’s Institute found that the products contained 8.5 grams of fat and 147 calories per 1-ounce serving, rather than the promised 2.5 grams of fat and 120 calories.”

penny smpenny sm What was this settlement that was valued at $3.5 million? Judge Fisher notedThe amount agreed to here was $3.5 million to be issued and redeemed by the defendants, over a period of years, in the form of discount coupons good toward future purchases of Robert’s snack foods.” The coupons were to be worth about 20% of the price of the snack items, and would not even be given directly to the class members, but would be distributed to the public at large. Judge Fisher, without needing to use any sarcasm or emoticons, summed up the value of the settlement quite well:

“[It] is unlikely to confer any benefit, either direct or indirect, upon those members of the Class who have the most serious grievances. “Class members who purchased the Products largely because of their advertised low fat and caloric content are those most likely to have been injured by the alleged misrepresentation. Yet, having sought a low-fat, low-calorie snack food, they would be the least likely to purchase the Products again now that their higher fat and caloric content has been revealed. Thus, they would be the least likely to reap any benefit from the distribution of discount coupons.”

Ted Frank points out that press reports have understated how outrageous the case and settlement was. This was not a case where lawyers uncovered the truth, and brought a recalcitrant defendant to justice. Rather, journalists discovered the error in fat-content in the product labels; Robert’s immediately apologized for the error and corrected it; and then free-riding lawyers sued in four different states, with the New York class action being certified on a nationwide basis first . . ” Ted also noted that ” the plaintiffs sought to claim as a class benefit justifying the attorneys’ fees the very marketing Robert’s was likely doing anyway. ” We wonder: Would you have to be a knave or a fool to contend that this was a good settlement for your clients?

Robert I. Lax (real name), the lead attorney for the Nassau plaintiffs couldn’t even bother to sumbit a detailed affirmation to justify the request for bloated attorneys’ fees. As the court notes:

The affirmations, however, contained only brief and general descriptions of the work performed by the firm as a whole, and, other than total hours, included no information regarding the tasks performed by any of the individual attorneys. For example, over 481 hours of work performed by the firm serving as lead counsel for the plaintiffs was attributed only to “drafting of pleadings, review of discovery, drafting of memoranda of law, and participation in settlement negotiations.” Another 106 hours of work performed by another law firm is described in exactly the same terms. Without more, such descriptions were insufficient to support an award of an attorney’s fee.

Meredith Berkman (a Manhattan journalist who had sued Robert’s in Manhattan), objected to the settlement. I agree with the comment of her lawyer, David Jaroslawicz: “This is the type of thing that brought class settlements into disrepute.” Do you think Justice Lally will know what to with this matter when it arrives on his desk on remand?

Towpath2005 a path made by bears

tiny check There’s never any excess fat in the poetry of the Towpath Haiku Society. It was founded in 1995 and is named for the C & O Canal, which connects Washington, D.C. with Cumberland, Maryland. Long ago, before Your Editor was dagosan, he loved to spend time along a stretch of the Towpath that goes through Georgetown. Now, he enjoys paging through the two anthologies published by Towpath Haiku Society (which were kindly sent to me recently by Roberta Beary), which contain haiku and senryu by the Society’s 16 members. The newest volume is a path made by bears: towpath anthology 2005 (edited by Lee Giesecke, Red Moon Press, 2005, $5). Here are a pair by Roberta Beary and by Jim Kacian:

bear needs no second look at me

night clouds gone the supply of infinity

……….. by Jim Kacian– “night clouds” – from NOON2


talk of war
the spin cycle’s
steady hum

heatwave
waiting for him to tell me
what I already know

….………………… by Roberta Beary .

February 9, 2006

pelicans on posts

Filed under: pre-06-2006 — David Giacalone @ 4:44 pm

 









breathe in, breathe out

poems and mountain

air   

 

 

 

 

in the pink dusk

with pimples

moon 

 

 

 

 








scrabbling for crumbs

amid the pigeons

sparrow

 

 

 

HideGoTree

 

 

judges and juries

pelicans

on posts

 

 

 

 








cloudy valley

the dog barks

at himself

 

 

David G. Lanoue author of the haiku novels Haiku Guy,

Laughing Buddha, and (online for freeDewdrop World (2005)

                  – and Kobayashi Issa‘s prolific & humble translator –

 

potluck


How should law professors teach cases and topics (such as   “fedupskif”

sexual harassment law) that involve “graphic” descriptions of

a sexual, violent or profane nature?  Prof. Wenger raised the

subject at Concurring Opinions, and the topic has been taken

up at Workplace Prof Blog by Paul Secunda.  There are quite

a few lengthy comments at each weblog.  I’m in the camp of

those who believe that law students are adults and should be

expected to both handle the subject matter and take it seriously

(that means cool it with the sophomoric remarks, gentlemen). 

Although professors might want to give a low-key warning about

particularly hard-hitting matierials, they should not be watering-

down or cleaning up their pedagogy in order to spare the feelings

of the most sensitive, fragile, or easily-offended students. 

 

spiderCircle  If you still wonder how Google decides which results end up

at the top of its query results, check out its Newsletter for Librarians

article “How does Google collect and rank results?” (Dec. 2005, via


                                                                                                          “snowflakeS”


 

EsqChecker: show your commitment to legal ethics

Filed under: pre-06-2006 — David Giacalone @ 11:47 am

We had forgotten all about ethicalEsq‘s EsqChecker project

(an “ethics certification” — seal of approval — program), until

last night, while looking for our founding editor’s valedictory post.

In the process, we located Professor Yabut‘s brief self-introduction as

the new editor, along with his scandalized account of the EsqChecker

program. [see ethicalEsq Sells Out, April 1, 2004]  Go here for our

amended reprise.

 

                                                                                       esq “tinyredcheck” er

 

 

February 8, 2006

i’m just not that weird (honest)

Filed under: viewpoint — David Giacalone @ 11:11 pm

How embarrassing for a so-called “creative,” curmudgeonly pundit-
haijin: I’ve been Weird-Tagged and can’t come up with any examples
of “weird habits” of mine, much less five of them.  Although I just might
end up with a plethora of examples, I think I’ll email a few friends and
family members to see if they can help fill my Weird list.
Meanwhile, a little background on getting tagged: Ellen M Johns,
of the Coffee Granules weblog, reached all the way over from the
UK, and tagged me at dagosan’s haiku diary — apparently during
her very first visit there (yes, pretty forward, indeed).  Ellen was
tagged by poet and author Pris Campbell.  At Pris’ surprise-filled
Songs To A Midnight Sky weblog, I learned that Ellen is waiting to
see whether I, and the four other males she tagged, “have risen to
the challenge!!!”  Great, more performance expectations.   
boy writing flip
Reading about Pris Campbell, I discovered that she — like myself —
has been living with CFS/CFIDS (chronic fatigue immune dysfunction
syndrome) for many years.  On her website About page, Pris begins
her story:
“I didn’t start out as a poet. I wanted to be a novelist until a
major illness wiped out  that idea. On September 23, 1990,
I woke up with a severe case of what was later to be diag-
nosed as CFIDS. . . .
.
When this illness hit, I felt as if I had been transported to a
place I no longer recognized.”
Although I have talked about my having CFS at this website (mostly
in the context of having to stop posting or switch formats to conform
to the illness’ limitations and frustrations), I have not said much about
the great transformation this illness has caused in my life.  Of course,  
I bet my astute readers could figure out what it might mean to lose
one’s profession and livelihood, all financial security and most social
contacts.  Nor have I discussed the dispiriting aspects of having a mere
“syndrome,” that sounds trivial, doesn’t make you “look sick,” and offers
no roadmap back to good health.
                                                                                         napper gray sm
Prior to CFIDS, Pris had been a ‘health nut’ and former clinical psy-
chologist, who was an aspiring author.  She biked daily, kept a garden,
and was active with friends and in the community.  If you are at all
curious about this illness, which has greatly affected the lives of hun-
dreds of thousand of people (plus their families), I recommend that you
read Pris’ story — and her tips about how to relate to us CSFers.
One thing Pris and I appear to have in common: an appreciation for
the insights and values gained living with this illness.  When I thought
I had to give up “ethicalEsq” (the prior name of this weblog) for good,
I wrote something worth repeating (if only for my own edification): 
I know that some of the new friends I’ve made out there in
Web Log Land are a little worried about me and my health,
but they shouldn’t be.  I’m not seeking sympathy by telling
personal details in this public place.  I’ve learned some very
important lessons while dealing with a serious health condition
over the past decade, and I’m glad to have learned them and
lived them.   Besides discovering my own inner strength, I found
out that there are things far more valuable to me than the typical
American symbols of “success” — power, influence, recognition,
wealth.
honest
I still haven’t learned how to pace myself, to avoid doing my body harm
in a constant hyper-weblogging mode.  Maybe Pris can share some of
her experience with me. 
.
On the other hand, perhaps she can lend me a few “weird habits” so
I can get this darn List done.  Soon, Ellen (honest).
tiny check  Speaking of poets, here are a few
poems from Lee Gurga that fit my mood tonight:

arc of a rubberband
back and forth across the room;
winter evening
coyote moon sn
first snow —
little boy laughing
in his sleep
the sky black with stars —
coyote tracks up and down
the frozen creek
lee gurga from Fresh Scent (1998)   
                                                                                                                                                    threeQuarterMoon

sought: haiku-sans-e

Filed under: pre-06-2006 — David Giacalone @ 4:45 pm

Thanks to a comment at yesterday’s bummr posting, from Pat M.,

I just learned about Georges Perec‘s 2005 novel A Void (translated

from the French by Gilbert Adair):  As the New Yorker explains:


NoER  “Here is a true tour de force: a novel without

a single letter E. The translator’s dazzling re-creation

of the French original conveys the author’s near magical

cleverness while preserving an underlying seriousness

that makes this book much more than a curiosity.”

A Void‘s publisher says:


A Void is a metaphysical whodunit …. It is also an out-

rageous verbal stunt: a 300-page novel that never once

employs the letter E. Adair’s translation, too, is astounding;

Time called it “a daunting triumph of will pushing its way

through imposing roadblocks to a magical country, an

absurdist nirvana of humor, pathos, and loss.”

Not only has Perec saved a lot of e’s for us to send to Robert Soble’s   NoEN

Flickr trendoids, he has also inspired me to attempt this game on

a very micrio scale — with my own haiku.  I quickly learned how

difficult eschewing that vowel can be.

 

Looking through the hundreds of haiku and senryu that dagosan

posted at f/k/a last year, it became clear that not using e’s does

not come naturally — none of my poems was e-less (even though

they are almost always shorter than 17 syllables).  Today, with a

little struggle, this paltry example arose from the depths of my

pysche:






our long

bathtub soak —

almost a full moon

 

    dagosan

My Schenectady neighbor, Honored Guest Yu Chang has a

name that promises e-lessness.  Nonetheless, out of approx-

imately 50 of his poems that have appeared here, only one

has no e:

 




rough landing

the warmth

of your hand

 


  Yu ChangUpstate Dim Sum (2004/I

 

NoEG

 

I’m going to search my Yu Chang collection to see if I can find

more.  Meanwhile, I’m asking all the haijin out there to submit, by

email or as a Comment, some haiku-sans-e.  Please don’t cheat by

resorting to extremely truncated poems.  Let’s make 9 or 10 syllables

(as in the dagosan example above) the minimum.   One tactic

might be taking one of your favorite haiku and re-writing it without

an e.

 

Everyone is invited to join in this exercise, but if you don’t know what

we mean here by “real haiku,” please read is it or ain’t it haiku?” for

a quick lesson. (Yes, the Haiku Police are on patrol.)

 

If the book is as good as the critics have suggested, Georges Perec hat tip small

deserves a hat-tip for his achievement in A Void.  I’ve got about

299 pages to go to catch up.   Now, it’s your turn.

 

 

update (Feb. 8, 8 P.M.):  For a brief glimpse of the wit and erudition

that won George Wallace, and his Fool in the Forest weblog the

Blawg Review Award 2005 forBest Personal Blog by a Legally-

Oriented Male Blogger,” see his Comment to this post, which

is a pithy, positive review of A Void, with special emphasis on the

excellent and most difficult translation performed by Gilbert Adair.


haiku-sans-e updates:

 

tiny check – previously published:

 

sting

of the old man’s

fastball 



 

 

                                                                                     A Void, by Georges Perec – NoER

 

February 7, 2006

nice judge-$ta-position

Filed under: pre-06-2006 — David Giacalone @ 6:38 pm

Did you notice that on the very same day


(1) The New York Law Journal announced that NYC BigLaw


$145,000 for first-year associates (plus expected year-end

bonuses of $20 to $40K) (by Anthony Lin, Feb. 6, 2006, via


 

                                                                             MoneyBag sm


(2) Judith Kaye, Chief Judge of the New York State Court

System, was begging the Legislature for a pay increase

for state judges — pointing out that there have only been

two raises in 18 years, and that the typical state Supreme

Court judge [the highest trial court] receives $136,700 a

year.” State of the Judiciary Address (Feb. 6, 2006) (NYSBA

agrees with Judge Kaye on the need for raises.)

potluck/potlawk


tiny check I wrote to “Abnu” at WordLab about his less-than-complimentary

reaction to anti-blawg campaigners.  He responded by saying that

my facts are wrong, and that there is indeed a group that has coined

a special word for their category of weblogs.  He cites me to “milblogs,”

which I learned means “military blogs.”  Frankly, I think Abnu has in fact

strengthened my argument. To wit:  


The current and former military service-persons who come  bombFuse

under the “milblog” classification continue to call what they

do “blogs.”  They have added a prefix that alerts the audience
that there may be a special focus or source (although just

what it might be is surely not clear without further inquiry)

for their weblogs, but there is no doubt that they are “blogs.” 

This avoids the confusing nature of the term “blawg,” and does

not have the trivializing look of that term.

juke box Meanwhile, Prof. Bainbridge (our favorite Cafeteria Conservative)

is like all bent out of shape because Mick Jagger and the Stones

have gone corporate — see When did Jagger jump the shark? (Feb. 6,

2005).  Mick’s sin?  He let the Super Bowl tv executives lower the

volume twice to cover up a couple raunchier lyrics.  As I commented

at Steve’s place: “It is not the least bit ‘corporate’ to take your audience

into account when singing lyrics. It shows a maturity (and self-confidence)

that most 20-somethings do not have, but I would hope that those over 40

do.”


On the other hand, Prof. B is correct that I should not

have suggested he would have called for censorship, if

those very same lyrics had in fact been audible. Although

I have no doubt that his “political, philosophical, and religious

allies would be complaining mightily today, if Mick had in fact

sang the more sexually-explicit lyrics in an audible manner.”

and Steve often does complain about the low morals of the

entertainment industry, he has been consistently against

government censorship.

 

More important, Steve is also right that I should not have

used the terms “blowhard” or “blowhole” to describe his 

venting.  My sincere apologies, Prof. B, if you were insulted. 

 

update (11 PM):  Today, on behalf of the band, spokeswoman Fran

Curtis complained about the NFL’s censorship of their lyrics — with

the lame statement, according to CNN, that “the band may have known

about it, but that doesn’t mean they liked it . . . Jagger sang the full lyrics

during his performance.” (CNN.com, “Stones: NFL censorship ‘ridicu-

lous‘,” Feb. 7, 2006)  Nothing like living according to your principles,

Mick.

tiny check Finally, let’s welcome the new group weblog Antitrust Review 

to the law-oriented sector of the internet.  It promises news and

commentary on recent developments in antitrust, along with dis-

cussions of classic cases and economic theory.    David Fisher,

Hanno Kaiser, Manfred Gabriel and Dan Crane are the co-conspirators.

 


smitten lawyer –

can Her Honor

read his mind?

 

 

 

 



underpaid judges –

Prof. B

suggests a tip jar

 


 

 

 


“tinyredcheck”  Let’s end with some class — two poems selected


Andrew Riutta:

 




quiet hillside 

children climb one another

into the trees   

 

 

 

 


 

 

 






apple wine



his story better


the second time


 






“apple wine” – Roadrunner Haiku Journal V: 4 (Nov. 2005)  

“quiet hillside” – The Heron’s Nest (Sept. 2005)  

 

 

                                                                                                                  bombFuseN

 

bummr: where did all those e’s go?

Filed under: pre-06-2006 — David Giacalone @ 1:35 pm

We’ve been so busy fighting the “blawg” scourge that threatens

our profession and language, that we almost missed the brave

cultural/linguisitc battle launched by Microsoft’s Robert Scoble

on February 5, 2006:


deleteKey n “I’ve seen several geek projects lately use the

‘r’ naming that Flickr made popular and I don’t like it.”

Valleywag joined the fray in defense of the English Language,

explaining Scoble’s cause and then offering a kinder, and

perhaps more effective response:


Robrt Scoble says he’s sick of Flickr-style *r names

like Grabbr and retrievr and gtalkr (and talkr and flagr

and Bloggr and gabbr and Frappr). But should the

Microsoft bloggr be kindr in his dismissal?”

 

Valleywag readrs are urged to donate “e”s to needy

trendoids. By cutting “e”s and passing on the credits

to these Web 2.0 victims, you too can be a hro.”

 

                                                                           eKeyS 

                                                                                eKeyS

That’s right, Scoble wants the “e” put back in the “agent”

-er suffix. Valleywag is right that we should try to help the

culturally impoverished, who are so indifferent or ignorant of

their language legacy.   To help those who are particularly im-

pervious to subtle gestures, we suggest that you dig out any

old, unused Scrabble games and remove the 12  “e” tiles.

Then, send one each to the dozen trendoids you know who

most need a reminder of how our language operates (perhaps

with instructions).

 

We want to go further, however, and try to understand this

hypo-e disorder — especially after having such informative

discussions recently with two linguists at Language Log.

You can help by commenting on some of the possible

theories and suggesting your own:

 

blackboard abcN


tiny check Virtually Out of E’s:  Did our troubled trendoids

simply run out of e’s over the last decade, after

sticking one in front of every pre-existing concept

that found its way into computers or onto the internet?

 

tiny check Spawn of Blog: Having so casually maimed the

word “weblog” by chopping off its “we-,” did they

grow up without any sense of conscience over

abandonment of e’s and other forms of language

abuse and neglect?


eKeyS Note, though:  Creating that ugly,

little word to denominate weblogs

should have created a surplus by now of

trillions of extra e’s. (The w’s, however,

were surely used up in all those URLs,

because compu-nerds took the only letter that

is not mono-syllabic and used it three times

— forcing speakers to say 9 syllables when-

ever giving out a website address.  Sorry,

wrong vent.)

tiny check IM-Blackberry Dis-e’s:  Have constant use of

instant messaging and tiny handheld devices burned

out the crucial “e” synapses in trendoid brains,

while also rapidly aging their thumbs?

 

tiny check  Vanity Plate Syndrome:  Have the trendoids done

most of their real-word reading in traffic, at red lights 

— thus mistaking license plate lingo for literature?

One thing for sure: haiku writers did not cause the shrinkage

of the agent-e-suffix.  We don’t care about letter count, and

Flickr, Grabbr and the rest still have two syllables each.

 

We need your input and your e’s.  You’ve (almost) never let

us down before.  Don’t start now.  No Quittrs allowed.


tiny check  Special thanks to TechLaw Advisr Kevin Hellr

for the great pointr.  (makes my skincrawl just

looking at those pathetic e-less non-words.)

                                                                                      ScrabbleE

 

update (Feb. 6, 6 PM): I don’t know whether UPenn linguist   

Benjamin Zimmer talks fast, but he surely does read and type

quickly.  He’s already posted at Language Log in reaction to

this post, reminding us of prior campaigns seeking the

donation of letters.

 

update (Feb. 7, 2005): A Comment from Pat M. pointed me

to Georges Perec‘s 2005 novel A Void (translated from the

French by Gilbert Adair):  The book was written (and trans-

lated) without using the letter “e.”  This tour de force deserves

its own post, and it got one today — sought: haiku-sans-e, in

which haiku poets are asked to submit a haiku that is e-less.

 

NoER A Void, by Georges Perec

 

 


here are examples of some real English and real haiku

from teacher Tom Painting and accountant paul m:


 

midday blues

a row of icicles

taking shape

 

 

 

 


nursing home

my father

the way I left him

 

 

 


“midday blues” – mariposa 13

“nursing home” – Haiku Poets of No. Calif,

         senryu contest, hon mention 2004

 





daffodil shoots–

all these years

as an accountant

 

 

dandelionClock





 

 

orderly fields

of an Amish farm

the things I can’t tell her

 

 

 

 



drifting seed fluff . . .

the rented horse

knows an hour’s worth

 

 

“orderly fields” – Acorn 14

daffodil shoots” – The Heron’s Nest (Sept. 2005)

drifting seed fluff” – The Heron’s Nest (June 2005)



 

                                                                ScrabbleEn

 

February 6, 2006

what i learned from Blawg Review #43

Filed under: pre-06-2006 — David Giacalone @ 7:50 pm

Mediator-author Diane J. Levin is hosting Blawg Review #43     handshake mf

today at her Online Guide to Mediation weblog.  And, honestly, I would

have told you about BR #43, even if Diane hadn’t mentioned Your Editor

and this weblog (favorably) a bunch of times.  [Thanks, Diane, I’m glad

my Mother was able to lobby successfully on behalf of her youngest child.

 Emoticon implied.]  What did I lawrn from the blawgy folk?

 

Diane struggled to find a theme for this week’s Blawg Review, and

ended up waxing dramatic on the interplay between William Shake-

spear and the law (plus, the world of lawyer weblogs):


Why not Shakespeare?

Shakespeare and the law alike embody the power of language–

the poetry and nuance of the written and spoken word. Both stand

as enduring institutions, yet are fluid enough to lend themselves to

reinterpretation. Shakespeare and law are theatre–captivating audi-

ences with tales of comedy, tragedy, crime, justice, betrayal, ambition,

 villainy, and love. Both exert profound influence, igniting public passion

and imagination.

“shakespearePlays”

Moreover, law and justice emerge often as themes and metaphors

throughout Shakespeare’s work. For further reading, click] . . . As

I mulled this idea over, it suddenly dawned on me that we law bloggers

even have our very own Bard (true, David Giacalone pens haiku, not

Elizabethan sonnets, but, hey, allow me some poetic license here).
That clinched it for me (especially the serendipitous discovery that

David had been a mediator like I am).

Therefore, I welcome you to the Shakespearean edition of
Blawg Review.

Sounded really good to me, too.  You’ll probably enjoy it also, as

Diane mixes lines from Shakespeare with descriptions (and links) to some of the

best law-oriented weblogging of the past week, and more — such as our 2003

essay on the profession’s response to Shakespeare’s “kill all the lawyers” line. 

 

theater curtain

 

I always like to discover one good new-to-me weblog at BR‘s weekly carnival,

and Blawg Review #43 did not let me down. After checking out Dan Hull‘s

What About Clients?, I know I will be returning regularly.  Given my feelings

about lawyer branding, I’m looking forward to seeing Dan’s perspectives, and

plan to enjoy the series that began with “Law Firm Logos are Goofy, Useless,

and a Waste of Time and Money.” (see our Brand LEX)  I wonder what Dan

thinks about Pape & Chandler’s Pit Bull Logo

 

                                                                                            theater masks

 

If you come here often, you know that procrastination is an important part

of my personal, professional, and poetic work ethic. So, I was also quite

pleased to find a pointer at BR #43 to David Maister’s recent posting 

Done at Last! Thoughts on Procrastination — at least until I saw he was

trying to cure people of procrastination.  Nonetheless, you might know

someone who needs it.  For myself, despite having a big deadline tonight,

I think I’ll reread Jacob A. Stein’s column in the January Washington Lawyer 

E=procrastination=mc2.”  Even if you’re not trying to put off something

unpleasant, I recommend heading over to Blawg Review #43.




 



community theater –

the audience

is nervous

 

 

 

 

writer’s block

I try drawing

a woman




 





 

                                                                  theater king

 

winners from jim kacian

Filed under: pre-06-2006 — David Giacalone @ 4:38 pm

Congratulations to Jim Kacian (f/k/a‘s very first Honored

Guest Poet and godfather), whose poem was recently

awarded 2nd place in the Haiku Society of America’s


unpublish haiku.  Here’s jim’s haiku — a great example

that fewer (syllables and lines) can be more:

 


gunshot the length of the lake        

 

          Jim Kacian  (2nd Place, HSA Henderson Award 2005,

             judges’ comments)

 

mailBoxN

 

Serendipity Alert:  I literally just went downstairs and found the newest


in my mailbox — the most-anticipated annual anthology by many haiku

lovers, including myself.  Jim Kacian is the editor and publisher of

Red Moon Press, and the Anthology series has won many awards

and much praise, for assembling “each year the finest haiku and re-

lated forms published around the world in English.”

 

RMA 2005 is titled inside the mirror (click to see the colorful cover).  InsideTheMirrorG

The ten co-editors who helped Jim select the poems included in RMA

2005, selected three of Master Kacian’s poems, and here are two

excellent one-liners:

 



flurries after our argument the need to tell you

 

 

                                                                    threeQuarterMoon


 

the voices I hear aren’t talking to me spring twilight 

 

 

kacianSelf  Let’s celebrate with a few more

haiku from Jim:

 

 



   a cow comes

out of the barn

      half hay

 

 

 

 



          sharp wind

the metal gate bangs shut

          bangs shut

 

 

 

 

 

 

 

 




three-quarter moon–

imagining she can feel it

move inside her

 

 

 

“moonWaneCres”

 

 


   the lake laps

all night the same

   quiet thoughts

 

 

 



except: “three-quarter moon” – mariposa 6; pegging the wind

 

p.s. You can find a Red Moon Press order form here.

 

                                                                                                          InsideTheMirrorN

 

 

February 5, 2006

More Domestic Violence at Xmas than Super Bowl?

Filed under: pre-06-2006 — David Giacalone @ 3:28 pm

Domestic Violence is a serious subject — one I ran into a lot in my

decade practicing in family court.  Like all serious subjects, though,

it should be addressed without hyperbole and fear-mongering, and

certainly without distorting statistics. One of the biggest distortion

campaigns in recent years is the one stating that Super Bowl Sunday

has the highest incidence of domestic violence against women of any

day in our national calendar. 







 
thin winter coat

so little protection

against her boyfriend

 

 John Stevenson 
      Quiet Enough (Red Moon Press, 2004) 

 

Along with several other sources, Snopes.com has done a good job of

debunking the SB/DV link, in its “Super Bull Sunday,” which includes

a timeline by Christina Hoff Summers showing “how the apocryphal

statistic about domestic violence on Super Bowl Sunday was foisted

upon the public over the course of a few days leading up to the Super

Bowl in January 1993″  — when the group FAIR convinced NBC Television

network to run a public service announcement prior to the start of the

Super Bowl broadcast. The announcement warned: “Domestic violence

is a crime.” The Snopes piece states:


“Unfortunately, nearly every cause will encompass a sub-group

of advocates who, either through deliberate disingenuousness

or earnest gullibility, end up spreading ‘noble lies’ in the further-

ance of that cause. The myth of Super Bowl Sunday violence is

one such noble lie.”

 

“Sommers concluded, ‘How a belief in that misandrist canard

can make the world a better place for women is not explained’.”  


bully flip When pressed for statistics, in 1993, those who most strongly touted

the SB/DV link basically stated they never said they had statistical studies,

but only referred to anecdotal reports” from domestic violence shelters and

advocates (suggesting a 40% increase in incidents).  Statistics backing

up the link still do not exist, but we discuss a study below that rebutts it.

 

These debunking efforts led to many articles last January saying that

the SB/DV link is just a myth, and many again this year.  See, e.g.,

Seatlle Post-Intelligencer, “Big game, bigger urban legends,” Feb. 2,

 2006; 15Now.com, Madison, WI,  “Super Bowl/ Domestic Violence Link

a Myth;” and (with a somewhat misleading headline) Public Opinion Online,  


 

                                                                                                 quarterback flip

 

Why am I irked and writing on this topic today?  It’s because I searched

Google News for Super Bowl” +”domestic violaence“> yesterday and

found a number of results on the first two pages that linked to efforts to 

re-establish the connection.  None of them present any additional, useful

evidence or argument. 

 


For example, an article at the Alcoholism/Substance-Abuse section of

About.com asks “Does Domestic Violence Increase on Super Bowl

Sunday?”  In a section labelled “Debunking the Debunkers”, however,

the piece merely repeats the 1993 claims by FAIR spokesperson Laura

Flanders that the group had never claimed to have statistics or studies,

but was using anectodal evidence.  About concludes:


“What is the bottom line on this issue? Flanders’ article spelled

it out: “Workers at women’s shelters, and some journalists, have

long reported that Super Bowl Sunday is one of the year’s worst

days for violence against women in the home. FAIR hoped that

the broadcast of an anti-violence PSA on Super Sunday, in front

of the biggest TV audience of the year, would sound a wake-up

call for the media, and it did.”

“That PSA saved lives, Flanders said.”

femaleSymN maleSymN

 

Not a lot of meat there.  Nonetheless, the About.com piece ends up being

the most substantive one I could find. WFAA-TV, KVUE.com in Austin, TX,

has an online article, by Rebecca Lopez, Feb. 3, 2006. that is headlined


piece: 


“This weekend may be a big one for football fans but there’s also a

darker side many people may not realize. Super Bowl Sunday is a very

busy day for domestic violence calls. Around the world – one out of every

three women has been beaten, coerced into sex or otherwise abused in

her lifetime. Many people watched yesterday’s police car chase unfold

on television. A man holding a rifle to his girlfriend after allegedly kidnap-

ping her and her young daughter.”

Finally, on Feb. 3, KVEWtv in Washington State’s Apple Valley had a segment/


and drunk driving arrests spike during Super Bowl,” by Jessica Swain. Here is

the entire text, which never again mentions domestic violence:


“Super Bowl Sunday traditionally makes for a busy evening for law

enforcement in the Mid-Columbia. Extra Washington State troopers

will be on the highways, and police will be watching streets within city

limits looking for drunk drivers. Police say with the Seahawks in the

game this year, it’s sure to be a party in the Mid-Columbia.  “If you

start doing 2, 3, 4 drinks an hour, you’re becoming intoxicated and so

you need to monitor it and if you’re a party make sure there’s food,”

says Sgt. Ken Lattin with the Kennewick Police Dept.  

 

“You’ve heard it before: if you do plan to drink in Sunday, police say

plan ahead, designate a sober driver or take a cab home.”

All Hat and No Cattle.

 

ekg

 

Before I leave this topic, I want to address two more issues: First, at his


Bradley has a post today called “Regrettable side of the Super Bowl.”  

Sam presents data from a significant study headed by Walter Gantz,

that looked at the SB/DV link.  They were not able to get statistics from

women’s shelters and emergency rooms, but they did receive date-specific

information on 911 domestic violence dispatches from 15 of the 30 police

departments in NFL cities that we targeted — ending up with 26,192 days

of domestic violence data. 

 

Despite the headline on the post, Ganz et al. did not find a significant

showing that the Super Bowl is a domestic violence villain:


In the final analysis, we were looking at 1,366,518 separate

domestic violence dispatches. How many were statistically

related to the Super Bowl? According to our analysis, 272 of

those incidents were due to a Super Bowl falling on a given

day (we also included the day following the Super Bowl to

apture any 911 dispatches that happened after midnight since

the Super Bowl starts so late on the East coast). In the total

pool of incidents, this is a small fraction (.0199 percent); however,

for those 272 individuals, the threat is very real.

 

“If we look at all of the incidents on Super Bowl days, then those

272 incidents represent 6.5% of the total incidents for those days.

This is no small increase — especially for those involved. To put the

Super Bowl in perspective, however, our analysis predicted that 1,238

incidents — almost 1,000 more — were due to Christmas.”

                                                                                                       deskCalG

 

Sam explains further: “In the end, the Super Bowl does not look like a Super

villain. Instead, it looks a lot like a holiday. The Super Bowl puts more people

together and sprinkles in alcohol. In the final piece, we wrote:


 “Viewed from this perspective, it appears that the Super Bowl has

all of the elements to spark holiday-related domestic violence: increased

expectations, close domestic interaction, and alcohol consumption.”

An earlier press release for their preliminary study said it well:


“Previous studies have raised concerns about a pattern of violent behavior

against women around the time of the Super Bowl. But the preliminary

study . .  found that the number of cases that day was relatively small

compared to those reported on holidays such as Christmas or Memorial

Day.”

The report on this study will soon appear in Handbook of sports and media,

A. A. Raney & J. Bryant (Eds.), in a chapter entitled “Televised NFL games, the

family, and domestic violence,” Gantz, W., Bradley, S. D., & Wang, Z. (2006).

 

HouseCards

 

One last issue, is a question: Just what would those who see a major link

between the Super Bowl and Domestic Violence have us do?  Most important,

what would they have “high-risk” women do?   Tell their significant other they

will be on guard, invite protectors to their home, pack a weapon?   Today, at her

Banned Breed weblog, Raine Devries has a post called “Serious Sunday,” where

she states (emphasis added): 


“Before I get to the heart of today’s opinion, I would like to mention

that on Super Bowl Sunday, there are higher than normal reports

of domestic violence. If you or someone you know is at risk today,

please invite them to a film, go to a restaurant, or just get together and

watch something on TV — just get them out of the line of fire for a few hours.”

That sounds to me like a recipe for turning what could be an enjoyable day for a

couple into a major sore spot — before and after the woman gets home.  If the male  

is drunk, and either unhappy or empowered by the results of the Game, the “today,

I’m really afraid of you” posture does not seem to be desirable or beneficial.

 

As I said at the top, Domestic Violence is serious business. It deserves serious,

frank discussion, treatment and action.

 

 

quarterback



            superbowl sunday…

                    the priest presents a sermon

                         on paganism

 

 

 

 

 

 

              touchdown

                  momentum shifts

                     to the bookie


 

        ed markowski 

 


 

 

 

“loveSeatF”

 

 

 

 



now that I have

turned off the television

the winter night

 


      Quiet Enough (Red Moon Press, 2004) 

 

 

tiny check Find out why the flatulence is lethal

on Super Bowl Sunday.


Super Bowl Party –

the aging bachelor

brings the Beano

 

       dagosan

 


.                                                                                                                        “snowflakeS”

Al Lewis: from Meister to Munster & much more

Filed under: pre-06-2006 — David Giacalone @ 3:54 am

Vampires live long and play many roles, and Al Lewis was no exception. 

His Grandpa Munster character was so original, and lovably-grumpy, that

he turned a two-season tv series into a true cult classic, and will forever

be known as “Grandpa.”  But, this “generous, cantankerous, engaging

spirit” did so many things well, and with style and wit, that we can only

admire his full life as we mourn his passing. (Washington Post/AP,


2006).






curtain call

for Grandpa Munster —

supine ovation

 

                  dagosan

AlLewis

 

Let’s compare the curriculum vitae of Al Lewis, nee Alexander Meister,

with the aspirations of so many of the best and brightest law students —

you know, the track that goes from college to law school to BigLaw to very

comfy retirement near a famous golf course.  Before he ever played the 

roles of  Officer Schnauzer in “Car 54 Where Are You?” and Grandpa in

“The Munsters,” Al Lewis [see Starpulse bio]


– had been a circus performer, a school teacher, and a

vaudevillian, plus a hot dog vendor at Ebbets Field

 

– had earned a doctorate in child psychology from Columbia

University, authored two children’s books, and served as a

high school basketball scout

Later, he produced a kid-oriented home video, and hosted a series of

Saturday morning television shows on WTBS.  He has also owned and

haunted Grandpa’s Restaurant in Greenwich Village for many years.

 

                                                                                                                              MunstersRevenge

                                                                                                                                 Munster’s Revenge (1981)

 

Long after The Munsters ended its original run, Grandpa Lewis reprised his

role in a feature movie Munster Go Home (1966), and a made-for tv sequel

Munster’s Revenge (1981).  He has also hosted a weekly radio talk show on

WBAI-FM in New York right up to his death, and was well-known for his

irreverent and raunchy appearances on various tv and radio shows. 

 

Al Lewis came back into focus for me, 7 years ago, when (per AP):


“Just two years short of his 90th birthday, a ponytailed Lewis ran

as the Green Party candidate against incumbent Gov. George

Pataki. Lewis campaigned against draconian drug laws and the

 death penalty, while going to court in a losing battle to have his

name appear on the ballot as “Grandpa Al Lewis.” 

 

“He didn’t defeat Pataki, but managed to collect more 52,000

votes.”

All in all, a pretty amazing life. When asked what accomplishment he is

proudest of, he firmly replied, “My three sons.”  On working with a young

Robert Zemeckis on one of Zemeckis’ first films, Used Cars (1980):

“That kid couldn’t direct traffic.”

 

One of a kind.  Al, I’m glad to have been on this planet while you were

here.  Thankgoodness you didn’t go to law school.  Sure wish I had

done a little circus and vaudeville.



GranpaMunster I wonder what Grandpa thinks of the CNN.

International/Entertainment headline that has been online

all this evening: “Grandpa ‘Munster’ dies at age 82” (Feb. 4,

2006).   A dozen years taken away — radio show host,

Green Party candidate for Governor, long-suffering patient.

I bet he wouldn’t have traded the good and interesting times

to avoid the pain.

 


 

“snowflakeL”

 

 

 

grandpa drags his daybed

to the front porch. . .

mockingbird’s songs

 

 

 

 






coffee shop . . .

   the only empty seat

   still warm

 


 

 

 


the pinwheel stops

     grandpa catches

     his breath

 

 

 




 

 


funeral procession . . .

snowflakes blowing

into the headlights

 

 

 








cedar walking cane

hangs from the coat rack

dust on the handles curves


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



 

                                                                                                       AlLewis



 

February 4, 2006

dear haijin: a multi-breath nag

Filed under: pre-06-2006 — David Giacalone @ 9:41 pm

Two months ago, I posted let’s all join Haiku Society of America, urging

writers and other lovers of haiku and related forms of poetry to join the

Haiku Society of America.   That’s still a very good idea, for all the

reasons I gave in December, including that:


Along with the regular membership fee of $33 ($30 for students

and senior citizens), come the three annual editions of Frogpond

HSA’s venerable haiku journal (and source of many f/k/a haiku and

senryu); newsletters; plus much good feeling, camaradie. and occa-

sional familial wrangling. 

In addition, there’s one other major benefit to HSA membership — the oppor-

tunity to appear in the annual HSA Members’ AnthologyClick here to see

the cover of the 2005 Anthology, Loose Change, which has one haiku or

senryu from more than 220 HSA members (and is available for only $10).   








big thaw overnight —

reflections

on the river

 

         david giacalone, loose change

Every year, members who wish to participate send 5 poems (newbies can send

10) to the editors, who select one to appear in the Anthology.  It’s a great way

to encourage neophyte poets to write and submit haiku, while assuring them

of publication.  And, its a great way for the Association to show the variety and 

quality of its members’ work.

 

fr ventalone

 

Here comes the nag for Current HSA Members:  Note that Loose Change has

over 220 poems, but that means that 600 HSA members chose not to participate

in the Anthology for 2005.  Let me get on my soapbox, and say that being part

of the Anthology seems, to old haikuEsq, to be more than a benefit of membership,

it’s also a responsibility — and one that can be easily fulfilled by currently or previ-

ously active haijin, as submitted poems can be either published or unpublished.








 
snow bound —

a hint of gardenia

in the sweater drawer

 

    ellen compton, Loose Change

 checked box  Convinced?  Think about it a moment, and then please click


Roberta Beary and Ellen Compton are co-editors for this year’s edition.  I’m

sure they would want me to remind you, especially:


tiny check the deadline: In the editors’ hands by May 31, 2006 (much sooner

is much better)

 

tiny check eligibility: All HSA Members (even brand new ones who join by May 31)

 

tiny check the address: Roberta Beary

                   1718 Connecticut Ave., NW, Suite 201

                   Washington, DC 20009

When my 2006 Anthology arrives in the mail in December, I’d like it to be twice

the size of this year’s — 150 pages, instead of 75.  It would indeed be a great

resource for, and reflection of, HSA’s membership.  Please do your part.

 

 

                                                                                              HSALogo


“tinyredcheck”  Seventeen of f/k/a‘s Honored Guest Poets appear

in Loose Change, HSA’s Members’ Anthology 2005:

(I guess I need to work on the other nine).  Here, in

alphabetical order, are their contributions, which

say much about the quality of the publication.   

 

 

 

 







harvest moon

the long pull

of farway children

 

    roberta beary

 

 

 




just long enough

to leave an impression

dragonfly

 

    yu chang

 

 

 

 

 

trashman small flip

 

 





Valentine’s Day —

I forget to get

the garbage out

 

    tom clausen

 

 

 











a steady breeze

the last child

leaves home

 

      devar dahl

 

 


 

 

                                       “snowflakeS” “snowflakeS”

 

 

 

 

so suddenly winter

baby teeth at the bottom

of the button jar

 

   carolyn hall

 

 

 

 





without islands in the dead center loneliness

 

      jim kacian

 

 

 

 












spring breeze

the wine of a carpenter’s

saw

 

     david g. lanoue

 


he comes to bed

cleanshaven . . .

winter stars

 

   peggy willis lyles





 

boy writing flip

 






migratory ducks

I have never

kept a diary

 

   paul m.

 

 

 











ikebana

a stone turning

in my palm

 

    pamela miller ness

 

 

 






whittling

the changes

in his face

 

    w.f. owen

 

 

 


sleuthSm

 

 

deep winter

I search the lease

for a loophole

 

    tom painting

 








winter night

a pulling sensation

under the bandage

 

    john stevenson

 

 

 












Abandoned barn

one bale of hay with twine

unraveling

 

      george swede

 


“snowflakeS”

 

 

 

first visit

seeing the colors

she lives with

 

     hilary tann

 

 

 







morning sickness —

the patter of spring rain

on our new roof

 

    michael dylan welch

 

 

 

 



chilly evening —

the wine full of summer

in a far country

 

    billie wilson

 



edited by Pamela Miller Ness & Tom Painting; Stanford M. Forrester, contributing ed, 2006)

 

 


Weekend Bonus:  The newest edition of Roadrunner Haiku Journal

went online yesterday (VI: 1, Feb. 4, 2006).  In addition to several features,

it includes three haiku or senryu from each of 15 haijin — including Aurora

Antonovich, Eric Houck, Jr., and Bruce Ross, along with a number of our

own Honored Guests.  Here are one each by Peggy Willis Lyles and

John Stevenson:

 


a lantern

in the pothole–

moonset

 

     Peggy Lyles

 

 







winter
the interval
between park benches


 


     John Stevenson


 


                                      HSALogo


 


 

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