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

September 17, 2008

unleashed quickies

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 10:18 am

Below are a few ONEsies (odds-n-ends) piquing our interest this lovely mid-September morning, plus a handful of haiku by our Honored Guests culled from a new “joys of the seasons” collection with a riparian theme.  Rather than wait to release them in one gushing punditry torrent, I’m going to drib and drab my blurb posting as the day “progresses” and my energy level and attention span wax and wane.  So, please stop back to see what has bubbled to the surface.

rivermoon
we run
out of words

…. by Roberta Beary, Esq. – from “Season’s Greetings 2009: Stream – River,” ed. Mohammed H. Siddiqui

. . . lawyer career choicesLong before this weblog existed, the alter egos now known collectively as the f/k/a Gang were bemoaning the fact that too many of our best and brightest youths were choosing the legal profession as their default career (rather than choosing more productive and personally rewarding jobs) and doing it mostly on the basis of greed and misguided status-seeking (notions reflected, for example, in “1L of a Decision,” Aug. 16, 2005, and the recent and much-ignored “EnvyEsq works too much,” Sept. 4, 2008).  In the wake of the Wall Street upheavals of the past few day, blawgers Elie Mystal at Above the Law and Scott Greenfield of Simple Justice have been wondering — with their very different perspectives and audiences — if there are wise career choices and options for those already possessing law degrees.

  • On the same day that Law.com ran the article “Sunny Forecast for GC Jobs in Clean-Tech Industry” (The Recorder, Sept. 16, 2008), Above the Law started the open-thread question “Is In-house still worth it?.”  Elie explained that “It wasn’t long ago that both associates and partners regarded moving in-house as a ‘golden ticket.’ Better hours, comparable pay, and a sweet ‘Executive Vice-President’ title.”  But, he asks, “As financial services firms break up and merge, what happens to the in-house attorneys caught up in the mix?”  You’ll find scores of comments at AtL from the young BigLaw (and wannabe) crowd.
  • Today, Elie followed that up with “The IRS is still hiring” (pointing to post at TaxProfBlog, and noting a 72% job satisfaction rate at the agency).  Such government jobs will seem like a very big let down to many of the readers of AtL.
  • Scott Greenfield has decided to leave “the goings-on for those who dream of vast wealth and importance” to Elie at Above the Law.  At Simple Justice, he instead opined, “Today would be Good Day to go Solo” (Sept. 15, 2008).  Noting the rocky times ahead for many in the world of Big Law, Scott says:

SuaveSN “There is still real legal work to be done out there.  There are regular people who need lawyers.  There are always defendants in criminal cases, though no Biglaw refugees are equipped to represent them. . . .

“While it’s too late to get ahead of the curve, there’s still time to do something about your lot in life before the pink email arrives at your crackberry.  Susan Cartier Leibel is about to open the digital doors of Solo Practice UniversityCarolyn Elefant has written the definitive book on the mechanics of opening a solo practice, Solo By Choice.. . . .

“Not all of you will make it.  Not all of you deserve to make it.  . . .  But some of you will see the writing on the wall.  Don’t pass up the available opportunity and resources that are here today.  It’s decidedly unclear what tomorrow will offer.”

Scott’s approach jibes with our own inclinations.  We feel bad for all those who entered law seeking the high life, and are now wearing golden shackles on a sinking ship.  The f/k/a Gang stands by our traditional position on lawyer career choices:  We’d be a much happier lot if we could “just” settle for making a comfortable living doing a job that helps regular folks solve and avoid problems, assert their rights, or defend themselves.

in a deep eddy
the child’s boot surfaces
momentarily

… by Tom Clausen – from “Season’s Greetings 2009: Stream – River,” ed. Mohammed H. Siddiqui

. . . Friedman Wants More Engineers:  Tom Friedman also hopes our talented youth will make better career choices and learn from Wall Street’s excesses (“Keep It in Vegas,” New York Times, Sept. 17, 2008)

“The market is now consolidating this industry, with the strong eating the weak, which will impose its own fiscal discipline. Good. Maybe then more of our next generation of math geniuses will think about going into engineering the next great global industry — energy technology — rather engineering derivatives.”

Tom also has some smart words about how to have smarter government regulation: “In sum, government’s job is to police that fine line between the necessary risk-taking that drives an innovation economy and crazy gambling with other people’s savings in ways that threaten us all. We need to make sure that what happens in Vegas stays in Vegas — and doesn’t come to Main Street. We need to get back to investing in our future and not just betting on it.”

afterwords (Sept. 18, 2008): Roger Cohen sounds a similar career theme this morning in his New York Times column, “The King Is Dead.”   He says “The leverage party’s over for the masters of the universe,” and that

“No better illustration exists of a culture where private gain has eclipsed the public good, public service, even public decency, and where the cult of the individual has caused the commonwealth to wither.”

Cohen has wondered “why do freshmen [from our best schools] bursting to change the world morph into investment bankers?” Apparently, it was the money and the fact that everyone was doing it.  Cohen advises:

“The best and the brightest should think again. Barack Obama put the issue this way at Wesleyan University in May: beware of the ‘poverty of ambition’ in a culture of ‘the big house and the nice suits’.”

” . . . It’s time for the best and the brightest to step forth and rediscover the public sphere.”

Cohen suggests a good place to start would be looking into the idea from Felix Rohatyn and Everett Ehrlich of creating a National Infrastructure Bank, or N.I.B.  Not a bad idea at all.  There are surely other important ways to use one’s brains to serve the nation rather than serve what Cohen calls the Money and Me zeitgeist.

those sensitive neocons (September 16, 2008): Following up on themes found in our “Lipstick Lynch Mob” post from Sept. 11, Linguist Geoffrey Nunberg makes a lot of sense in his Fresh Air commentary yesterday “Lipstick on My Choler (Or, Did You Call Me a Pig?)”  (listen here to the 5-minute podcast from NPR).  As Fresh Air notes, Nunberg asks “who’s responsible when words get misconstrued — and whether there’s an irony when a cultural conservative complains that a progressive has been insufficiently sensitive.”  For example, he notes:

“So if you were an upstanding cultural conservative, you might see something undignified in the McCain campaign’s reaction to the lipstick-on-a-pig remark. At times it seemed like a send up of radical feminism drawn from a satirical novel by Christopher Buckley or T. Coraghessen Boyle — the keening indignation, the burrowing for far-fetched meanings and unconscious motivations, and above all the insistence that what matters isn’t what someone actually says, but the way we take it.”

drizzle __
nothing disturbs the order
of the waves

… by Gary Hotham – from “Season’s Greetings 2009: Stream – River,” ed. Mohammed H. Siddiqui

. . . . . update (2 PM):

. . . Church and Politics: It must be difficult to be a “liberal” or moderate practicing American Catholic in this election season.   For example, today’s NYT article “Abortion Issue Again Dividing Catholic Votes” (New York Times, September 17, 2008) tells us:

“A struggle within the church over how Catholic voters should think about abortion is once again flaring up just as political partisans prepare an all-out battle for the votes of Mass-going Catholics in swing-state towns like Scranton.”

As we’ve pointed out previously, conservative American Catholics have tended to ignore the Church’s “social” teachings on justice and charity — despite Pope Benedict XVI’s first encyclical, Deus Caritas Est“(”God Is Love”; 2005).  Instead, they’ve focused on telling those who want to be faithful Catholics how they should vote, with publications like the “Voter’s Guide for Serious Catholics(see our prior post).

According to the Voter’s Guide (and its FAQ), “A well-formed conscience never will contradict Catholic moral teaching.“  And, five current political issues — abortion, euthanasia, embryonic stem cell research, human cloning, and homosexual marriage — are “non-negotiable” because they involve “intrinsic evil.“  “Serious Catholics” are told, therefore, they have the moral obligation to avoid voting for any candidate who supports the “evil” position on any of these issues.  Issues such as “just war,” the death penalty or economic justice are not part of the non-negotiables list.  Apparently, they can’t be taken into account when one of the candidates is on the wrong side of the “evil” list and his opponent is on the “right side.”  As I said above, it’s must be hard to be a liberal or moderate practicing Catholic in an important election year.

first day of winter
my walk extends
to the middle of the river

… by Yu Chang – from “Season’s Greetings 2009: Stream – River,” ed. Mohammed H. Siddiqui

. . . . . . update (7 PM):

consumer credit bill of rights : A New York Times editorial this week challenged Congress to act on the Credit Cardholders’ Bill of Rights before the elections in November.  See “Consumer Protection” (September 13, 2008).

“For all of these candidates who keep talking about helping the ordinary American, this should be an easy one. Get behind the Credit Cardholders’ Bill of Rights now, before the election.”

. . . “Mr. Obama and his running mate, Senator Joseph Biden, should urge House Speaker Nancy Pelosi — who appears to be listening to the bankers more than consumers — to allow a vote on the bill before the November elections. They should sponsor the same legislation in the Senate and invite Senator John McCain, who has pledged to help struggling Americans, to join the fight.”

How your Congress-person or Senator votes on this bill would be an important indicator of whether she or he puts the consumer or the banking/credit industry first.  Here’s an outline of the Bill (H.R. 5244) found at the website of House Financial Institutions and Consumer Credit Subcommittee Chairwoman Carolyn B. Maloney (D-NY).

The Credit Cardholders’ Bill of Rights:

-Protects cardholders against arbitrary interest rate increases
-Prevents cardholders who pay on time from being unfairly penalized
-Protects cardholders from due date gimmicks
-Shields cardholders from misleading terms
-Empowers cardholders to set limits on their credit
-Requires card companies to fairly credit and allocate payments
-Prohibits card companies from imposing excessive fees on cardholders
-Prevents card companies from giving subprime credit cards to people who can’t afford them
-Requires Congress to provide better oversight of the credit card industry
-Contains NO rate caps, fee setting, or price controls

For a one-page summary of the bill’s main provisions, click here.  To read the entire bill, click here. For a nice explanation of what the Credit Cardholders Bill of Rights will do, with the important problems described and industry arguments rebutted, see this post by Adam Levitin of the Credit Slips weblog.

There are a lot of good, needed protections in this Bill.  I especially like the requirement that card companies fairly credit and allocate payments.

Personal Grievance: Bank of America recently refused my request that they allocate part of my monthly payment to a $6.95 item that is on my credit card account due to an automatic charge for accident insurance offered through BofA.   The rest of my entire balance (many thousands of dollars) has a 0% interest rate until next March.  BofA allocates all payments first to that no-interest part of the balance, and therefore charges me a finance charge each month of $4.95 on the $6.95 balance, which has a nominal interest rate of 9.99%.  A nice “gotcha” that really irks me.

river stones
each one a turtle
of its own

.. by Tom Painting – from “Season’s Greetings 2009: Stream – River,” ed. Mohammed H. Siddiqui

September 15, 2008

haiku tradition: Issa, Lanoue and the Harvest Moon

Filed under: Uncategorized — David Giacalone @ 10:24 am

(Harvest Moon over the Schenectady Stockade, Sept. 15, 2008)

... . Issa Self-portrait with poem ..

“Gimme that harvest moon!”
cries the crying
child

.. by Kobayashi Issa, translated by David G. Lanoue ..

A cold front is moving into Schenectady today, after a sultry weekend that simply did not jibe with tonight’s arrival of the Harvest Moon (which is the full moon closest to the autumn equinox and has traditionally added extra light to farmers toiling to bring in the Fall harvest). You can’t love and write haiku without being under the influence of the Harvest Moon, and f/k/a has celebrated this special lunar event annually with an array of haiku and senryu:

  1. this moon’s for you!“ (featuring Issa haiku, 2004)
  2. more harvest moon haiku“ (2004)
  3. don’t forget to look up“ (2005)
  4. looking up: harvest moon & justin’s clouds” (2006)
  5. moon cakes, harvest moons & more“ (2007)
  6. in case you’re missing tonight’s Harvest Moon” (2007)


[Harvest Moon over Schenectady, NY, Sept. 15, 2008; dag]

As Professor David G. Lanoue reminds us:

“The night of the harvest moon–the full moon nearest to the autumn equinox–is, along with New Year’s Day and the blooming of cherry blossoms, one of the top three most important dates in a haiku poet’s calendar.”

Indeed, a search for “harvest, moon” at Lanoue’s Haiku of Kobayshi Issa website produces a bumper crop of 65 poems by Japan’s beloved 19th Century haiku master, translated by our haijin friend and Honored Guest poet David G. Lanoue of Xavier University in New Orleans (read about David’s return home after Katrina). And, it should be no suprise, then, that “Harvest Moon” very much means both “Issa” and “Lanoue” for the f/k/a Gang.

Therefore, although you can find many Harvest Moon-themed poems by our other Honored Guests by clicking on the links listed above from prior years, today we want to focus on Issa and Lanoue.

.. .. .. Kobayashi Issa and translator Prof. David G. Lanoue .  . . . .

Along with translations of over 9000 of Issa’s poems, Prof. Lanoue pften provides commentary to explain the verses, putting them into context of Japanese culture and history, as well as Issa’s life.  Below, then, are some of my favorite Issa Harvest Moon poems, with a few Lanoue commentaries to illuminate our journey and our moon-gazing tonight.  We hope you enjoy them as much as we do.

not only waiting
for the harvest moon to rise…
streetwalker

.. ..

harvest moon night–
instead of the moon
leaking rain

harvest moon–
digging in the teacup
for sake money

harvest moon-gazing
priests, samurai
merchants

. .. the heavens don’t allows cooperate:

harvest moon
on a clear, rainless night
elsewhere!

.名月やけふはあなたもいそがしき
meigetsu ya kyô wa anata mo isogashiki

harvest moon–
tonight even you
are busy!

Commentary: Is Issa implying that the moon is occupied with business elsewhere and therefore is unable to appear (i.e. it’s a cloudy night).

. . . In 1819, there was an eclipse on the night of the Harvest Moon, and Kobyashi Issa wrote often about it.

overly helpful–
the harvest moon
eclipse forecaster

harvest moon–
my lap would be a pillow
if my child were here

Commentary:  This haiku was written in Seventh Month, 1819. Its biographical context is important, because Issa’s daughter, Sato, born the previous year, died of smallpox in Sixth Month of 1819–just a few weeks before Issa composed this poem. As he sits looking at the harvest moon–one of the most joyful occasions in the calendar for a haiku poet–the happy occasion is marred by a palpable absense. If only Sato were here… This sad poem reminds us of how precious children are to us; how, without them, the wonders of the universe, even the resplendent moon, seem drab and ordinary.

(more…)

September 13, 2008

$20 for a “beautiful lawyers” calendar?

Filed under: lawyer news or ethics,q.s. quickies — David Giacalone @ 9:04 pm

.. . . $19.95 Beautiful Lawyers Calendar . . . .

At f/k/a, we give our calendars away for free — even when they showcase lawyers showing a little skin or acting up in barefeet. Here, for example, are details from the months of June and August 2008, as seen in our downloadable fka Haiga Memories Calendar 2008. [Click the images to view — and print out — the full calendar page for each month, featuring the Giacalone Kids, circa 1950.]

[June ’08] . . our calendar beefcake . . [Aug. ’08]

You can imagine, therefore, our surprise to learn that some folks in Massachusetts are charging $19.95 apiece for their so-called Beautiful Lawyers Calendar 2009. According to the Beautiful Lawyers website, the calendar will feature “12 exceptional lawyers, some your colleagues… many well known attorneys… All selected from a huge nomination pool . . . All players in their own right, each with a unique story… full of style and spirit!” Not convinced yet to shell out twenty bucks? Read on:

“The 2009 Beautiful Lawyers Calendar is designed to navigate behind the scenes at some of America’s top law firms, most prestigious businesses and government offices. To present the lawyers at those businesses and institutions as they are in their relaxed environment… pursuing their passions… the person behind the power suit.”

Attorney Howie Altholtz teamed up with the advertising Agency Allen-Roche Group Inc., and David Yas, publisher of Massachusetts Lawyers Weekly to create and market the Calendar. For even more details, see Bob Ambrogi’s report at Legal Blog Watch (Sept. 10, 2008); David Yas’ publisher’s weblog at Mass. Lawyers Weekly (September 8, 2008); and the article ‘Beautiful lawyers’ calendar to raise cash for charity (Boston Business Journal, May 30, 2008;).

Of course, merely owning this fine piece of barristerial wall candy might not satisfy your need to bask in the glow of Boston’s legal establishment. Cheer up, there’s more: for a mere $75 donation, you’re invited to attend “the hottest Calendar release party of the year,” on October 1, 2008, at the Revolution Rock Club, in Boston. Being fervid fans of Calendar Release Parties, the entire f/k/a Gang is naturally disappointed that we won’t be able to make it to Boston for the Big Calendar Event.

Not convinced? If schmoozing with and gazing at Boston’s hottest lawyers still won’t get you to open your wallets, don’t forget that “A portion of the proceeds will benefit Greater Boston Legal Services and other selected beneficiaries.”

By now, we’ve surely melted the hearts and opened the checkbooks of even the most cynical of our audience members. Nevertheless, it’s Saturday night, and Prof. Yabut is home alone again without a date. That might explain his continuing, cranky reaction to all this beautiful news. With his change purse grasped tightly in both hands, Yabut asks:

  • What’s with the “A portion of the proceeds” dodge? The BBJ article says “The calendar will likely cost between $20,000 and $30,000 to produce.” That might leave a rather tiny pie to partially split among the targeted charities. Portion/schmortion. Can’t a bunch of well-off lawyers be a bit more specific about how much of the price is going to charity?
  • Besides the comely come-on image above (of Liberty Mutual attorney Wendy Savage), just what are we going to be getting for our money with this calendar? Remember, the subjects are members of the Boston Bar. BBJ tell us: “”

“Lawyers will pose in one serious photo at work and one ‘tasteful’ photo of them participating in an outside work activity. One example given is a sailboat setting.”

Are you excited yet?

  • What’s Mass. Lawyers Weekly role in this project? Censor and Dignity Cop? The last time we wrote about them here at f/k/a, publisher David Yas was knuckling under to pressure from the bar’s neo-puritan wing, with their bogus charges of sexism, and yanking this glam shot Jiwani ad from WLW:

MassWeeklySuit big

Be assured, that the rest of the editorial staff at f/k/a is a little embarrassed that Prof. Yabut is being such an old curmudgeon and skinflint. We bet, however, that we could change his mind — and get a retraction and favorable review — if Altholtz and Yas sent Yabut a review copy of the calendar. Of course, if he doesn’t like it, we promise to donate (at least a portion of the calendar) to charity. That’s a beautiful deal.

[larger] update (October 2, 2008): The launch party was yesterday, so see our image-filled post today with links to photos from the Beautiful Lawyers Calendar, and names of many of the featured lawyers.

update (October 23, 2008): See our post “wendy savage wendy savage” (October 23, 2008) for more on Ms. Savage and several of her namesakes.

fine print on her t-shirt
she glares at me
for squinting

. . . Poem: David Giacalone; Photo: Mama G. (1950);
. . . see the original haiga here and at Magnapoets JF

p.s. (September 16, 2008): Many thanks to Elie at Above the Law for pointing to this post at the top of yesterday’s AtL Non Sequiturs list (September 15, 2008), and for reminding us that Anna Torv from Fringe looks pretty good in a lawyer suit. Welcome to all the AtL readers who stopped by; I promise not to tell your managing partners why those billable hours plummet every time Elie adds a new posting.

this lady from Alaska is a winner

Filed under: Haiku or Senryu — David Giacalone @ 11:37 am

…. No, no, not that woman from Alaska.

But, we understand the confusion.  Our choice is a haiku rock star:

summer’s end–
one more pretty stone
for her fairy house

. . . who’s been president and vice-president of the Alaska Haiku Society (probably secretary-treasurer, too).

Known for family values, she’s s a champion vote-getter and contest-winner:

winter wind—
a cradlesong sung
in an ancient tongue

summer evening—
from across the meadow
a call to supper

searcher’s call
the lost child’s name-
streetlamps veiled with rain

summer day–
walking barefoot beside
grandchildren’s footprints

. . . who hangs out with international leaders . .

howling wolves–
there’s still enough light
to find our way home

. . . feels strongly about war:

letter from the war zone—
leaves shift
against the brick wall

more war dead—
an uprooted tree
rides the storm tide

. . . and knows a thing or two about hunting (and wolves):

mud-spattered pickup—
four dogs watch
the tavern door

overdue hunters–
the Coast Guard cutter’s wake
reaches shore

from deep in the forest
a haunting birdsong
sung just once

Our romantic Alaska Lady is #1 with a lot of men (and women, too):

Valentine’s Day—
he tells me I’m number one
on his speed dial

express line checkout-
the man ahead buys flowers
and breath mints

for years to come
the flowers he planted
along the narrow road

more gray in my hair—
the faint scent of mimosa
sweetens the breeze

freezing wind–
the body builder pumps gas
in a muscle shirt

in my dreams last night
wild Arabian horses–
I butter his toast

And, though she travels and swings:

an open book
on the old porch swing–
first fireflies

the snow deepens—
she leaves our atlas open
to her homeland

chilly evening—
the wine full of summer
in a far country

. . . . she’s right at home in small towns and country fields:

cold moon
a stray dog roams
the village street

the ferry slows
through Wrangell Narrows—
meteor showers begin

cold sun–
cheers from the stadium
reach Main Street

fruitstand apples—
the rich smell of horses
on my hands

3:00 a.m.–
through sounds of winter rain
the mail plane landing

Billie Wilson is ready to serve.  Landslides or mudslides, in boots or bare feet, on bridges or ferries, Juneau’s Billie Wilson is a winner — known for congeniality and toughness.  You can find much more of Billie’s work by clicking the links on her f/k/a archives page, and by heading to the Alaska Haiku Society website or Cornell’s Mann Library (where she was the featured poet for June 2008). Around f/k/a, when we think of winners — and winning smiles — from Alaska, we think of award-winning haiku poet and editor, and our Honored Guest, Billie Wilson.

p.s. Share this posting with this TinyURL:  http://tinyurl.com/fkaAlaskaLady

November chill–
a barefoot man waits
for the northbound ferry

avalanche warning–
how very still
this winter night

storm clouds roil
across the prairie—
she marks her place

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

. . . all of the above poems by Billie Wilson (Juneau, Alaska, USA)

Publication Credits [below the fold]:

(more…)

September 11, 2008

the Lipstick Lynch Mob and the Girl Who Cried Wolf

Filed under: viewpoint — David Giacalone @ 8:54 pm

Over the last twenty years, I’ve often professed and confessed that “the average woman is considerably more mature emotionally than the average male.”  The current campaign season has, however, reminded me of another point I frequently make: “politics will change you more than you’ll ever change politics.”  The confluence of the two maxims is on mind today, after seeing the silly firestorm over Barack Obama’s “lipstick on a pig” remark yesterday (e.g., npr links, and WashPost coverage), especially in the wake of the McCain wolf-pack ad, which tries to inoculate his vice presidential candidate from criticism by warning that Obama “will try to destroy” Sara Palin (see CNN coverage).  It has all led me to sadly conclude:

  • In the political realm, far too many women have let politics lower their EQ — and far too many political strategists and candidates of both genders are exploiting that fact. And,
  • As happens on many issues, as soon as a good man (especially a liberal) is accused of sexism for something he said, he waffles and either retracts the statement or tries to give it an innocent, innocuous spin — which allows the virus of false accusations to spread and the meaning of sexism to be distorted and co-opted as a political weapon.

Sexism — real sexism (see our post “trumping reality with the sexism card”) — is far too important a concept and serious a vice to be devalued in order to gain political advantage.

Despite considering myself a liberal, I’ve complained for years about the leftist and feminist habit of seeing sexism in far too many situations (e.g., here).  But, it’s clear that folks on the right are also going to milk the sexism cow for all its worth in Election 2008.  Just as women should have been insulted and felt diminished when Hillary Clinton and her supporters over-played the sexism card in the primaries (prior post), women — and men who believe in gender equality — should be insulted by the McCain campaign’s constant cry of sexism now that they are wooing Clinton voters and have a woman on their ticket.  Maureen Dowd got it right last week:

“Hillary cried sexism to cover up her incompetent management of her campaign, and now Republicans have picked up that trick. But when you use sexism as an across-the-board shield for any legitimate question, you only hurt women. And that’s just another splash of reality.”

As f/k/a said in 2006 about feminist neo-puritanism:

Being seen as thin-skinned, humorless proponents of iffy legal analysis and bad attitudes is scarcely the way to win over the hearts or the minds of those who might still want to perpetuate the unwarranted stereotypes.  Indeed, it might just lose you a few allies or make them wary to come to your assistance every time you “cry wolf.”   Even the most open-minded and fair people can find it rather difficult to think of whiners (and those who insist on special protection) as equals.

– beneath the fold, you’ll find much more, including  

  • Corralling the Lipstick Lynch Mob
  • Carly Fiorina Cries Wolf
  • a few lupine haiku

(more…)

another 9/11 — still missing and wincing

Filed under: q.s. quickies — David Giacalone @ 8:06 am

. . . same message we had on the first anniversary, Sept. 11, 2004:

please: one nation, no politics . . . . . . . . . .  window

missing legs
the double amputee
winces
… by dagosan (Sept. 11, 2004)
— photos by Arthur Giacalone (1980; click to enlarge) —

September 10, 2008

after the rain a splendid art show

Filed under: Haiku or Senryu,Schenectady Synecdoche — David Giacalone @ 12:07 pm

There are many events each year that help make Schenectady’s historic Stockade district both an interesting place to live and a real neighborhood — a placed filled with neighbors and welcome guests.  The event I most look forward to is the Villagers Outdoor Art Show, which always takes place the weekend after Labor Day. The tropical storm formerly known as Hanna caused the original date of this year’s 57th annual Outdoor Art Show to be canceled on Saturday, and we all crossed our fingers to see what Sunday, the Rain Date, would bring.  What it brought was a perfect late-summer day, with sunny skies, a slight breeze and temperatures in the mid-70’s.

outdoor art show
three agnostics
pray the rain away

…. by dagosan

.. Lawrence after the Show — Front, Ferry & Green Streets. . .

More important, Sunday brought almost all of the fine artists (over a hundred) originally scheduled for Saturday — painters, sculptors, photographers, sketchers, and more — plus a robust, smiling throng of residents and visitors.  The result was a celebration of art and neighborliness along both sides of the blocks radiating from the traffic circle monitored by Lawrence the Indian. [As we said on Monday, Wilford “Frenchie” Hamilton, the recently murdered homeless artist, would surely have loved it.]

As with all such events, many people had to work very hard to make it happen. Here’s what they say at the Show’s web page:

“The event  is made possible by many neighborhood volunteers, the cooperation of the Chamber of Schenectady County, the Oakroom Artists, the Daily Gazette and the Stockade Association”.

The f/k/a Gang guiltily admit that we in no way helped to make the event such a success (except for showing up twice Sunday afternoon).  We especially want to thank Connie Colangelo and Matt Volks, who co-chaired the event and inspired so many others to organize, set it up, judge the art, and take it down.

Impressionism
ladies with parasols
walk to the next painting

…. by John Stevenson – Shamrock Haiku Journal (Vol. 1, 2007)

a child’s painting
bleeds into itself
summer rain

flitting from
watercolours to oils
a butterfly

.. by Matt Morden
“a child’s” – A New Resonance 2
“flitting from” – Morden Haiku (August 29, 2007)

.. The Show offers juried prizes (awarding over $1300 in cash) and lets the crowd vote for their favorites.  Below the fold, you will find the complete list of winners (via Connie Colangelo).

gnawing the edge
of the prize painting…
burning wormwood

in the hell painting
perched on a fence…
a lark sings

.. by Kobayashi Issa, translated by David G. Lanoue

In past years, some wags have complained that the winning pieces seemed too conventional.   That complaint can’t be made this year.  The First Place prize went to Tony Murray, of Cobleskill, NY, for his metal sculpture “yes! Yes! YES!. Second Place was awarded to Erik Laffer, of Albany, for his “cartographic” painting Electronic Erosion (36”x36” Oil on Canvas 2008).  Third Place went to Katherine Cartwright for her painting All Cracked Up X.

Clicking on the links in the last paragraph will bring you to each artist’s website, which include photos of the winning pieces and many samples of their artistry.  Here’s what the two overall winners looked like — with Tony Murray’s sculpture on location (see a detail here), and Erik Laffer’s painting in situ at the Show on Sunday:

First Place, by Tony Murray . . .


.. .. Second Place, by Erik Laffer

sculpture park
between Romeo & Juliet
a robin’s nest

… by Pamela Miller Ness – HaikuCanada Newsletter

old painter
his bristles
point everywhere

sweltering heat
a drip
from the painter’s brush

… by w.f. owen –  (haiku notebookLulu.com, 2007)
“old painter” – fish in love (HSA Members’Anthology 2006)

.. Frank Gilmore won the Best of Our Neighbors award for one of his paintings. (I’d love to show it to you, but my camera captured mostly glare off the glass in its frame.)  Frank also displayed the inspired piece he created for a brand new Stockade tradition, the 1st Annual Stockade Soiree, on September 6, 2008.  Frank’s Soiree “date card” was part of that evening’s silent auction and is gracing the start of this paragraph.

Thanks again to all the workers and artists, neighbors and visitors who made this year’s Stockade art show such a winning experience.  I’m going to stop all this fluffery right now, before Prof. Yabut yanks my curmudgeon card.  [Don’t forget: all of the art show winners, and honorable mentions, are listed at the foot of this posting. Also, you can share this post using this Tiny URL: http://tinyurl.com/fkaArtShow2008 ]

cut grass
i sweep away
summer’s end

… by Roberta Beary – The Heron’s Nest (Sept. 2005)

on display:
her paintings
and her navel

… by dagosan

straight out of a full moon
painting…
the geese depart

… by Kobayashi Issa, translated by David G. Lanoue

paint brush –
my breath moves
a spider

……. by Laryalee Fraser from Simply Haiku (Vol. 5:2, Summer 2007)

watermark
the way the master’s brush
strokes the wings

.. by Peggy Lyles – To Hear the Rain (2002)

p.s. The first version of this post incorrectly stated that Tony Murray’s metal sculpture Arcturus was awarded First Place. The editor of this weblog saw Arcturus under the Blue Ribbon and incorrectly assumed it was the winner.  We still like Tony’s whimsical icon.  And, yes, we’re going to stop doing so much assuming.

(more…)

September 8, 2008

attacks on homeless hit home in Pontiac

Filed under: Haiku or Senryu,viewpoint — David Giacalone @ 6:48 pm

– self-portrait by Wilford “Frenchie” Hamilton (May 2008); via Oakland Press; full-color version below  –

school’s out
the homeless man
hides in a doorway

… by dagosan

It’s too bad Wilford Hamilton couldn’t make it to yesterday’s Villagers Outdoor Art Show here in the Stockade neighborhood of Schenectady, where a hundred regional artists exhibited their best work.  With his love of art, humor and people, the affable man from Pontiac, Michigan, known as “Frenchie” would surely have basked in our sunny, late-summer weather and made the day even brighter for the friendly crowd.  His travel budget would never have allowed the trip, but something more profound kept the homeless Frenchie from joining us: he died two weeks ago, after a few kids on a lark (or as a gang initiation) severely beat him. (see a news video from tv20Detroit, Aug. 26, 2008)  As The Oakland Press, which had employed him in its packaging department, reported:

“The 61-year-old was hospitalized and underwent brain surgery after a POH Regional Medical Center security guard found him on the ground, bleeding from the head Aug. 21 in an alley near the hospital’s day care facility.

“Three teenage boys — two 14-year-olds and a 15-year-old — are accused of attacking Hamilton and three others on separate days in the downtown area.”

update (Oct. 29, 2009): See “Mich. teen guilty in beating death of homeless man” (Associated Press, Oct. 29, 2009). Dontez Tillman and Thomas McCloud, both 15 years old, have been found guilty in Frenchie’s death and (unless pardoned by the Governor) will spend the rest of their lives in prison.

Frenchie didn’t merely miss our Stockade Art Show.  Researching this piece, I discovered a sad coincidence:  Wilford Hamilton died a week before the gallery MOCA DC opened its Homeless Art Project in cooperation with the National Coalition for the Homeless. The exhibit, which runs from September 5 to September 27, 2008, features “an extensive body of art depicting actual homeless Americans in their surroundings on the street. Other art, from homeless artists who reside on the streets or in homeless shelters within the city, will also be on display,” along with a variety of sketches of the homeless, essays and other items relevant to the issues of homelessness.  The Gallery and the Coalition say:

“The project has several objectives, chief of which is to highlight the plight of America’s growing homeless population.”

In addition to the show, artists affiliated with the gallery have committed to a post-exhibit project to provide art instruction to the homeless on an ongoing basis. If you’d like to see the Homeless Art exhibit, MOCA DC is located at 1054 31st St NW, Canal Square, in the heart of Georgetown, and is open Wed – Sat, 1 – 6 pm.

storm warning
the watercolorist works
in shades of grey

… by Tom Painting – The Heron’s Nest

Meanwhile, in Pontiac, there’s been an outpouring of affection and grief over the death of this gentle man “known for his friendliness and signature beret,” and a Michigan friend wrote last week to tell me about the story. For more press coverage see “Pontiac teens facing charges in killing: 4 people attacked, 1 man dead after spree, police say” (Free Press, Aug. 26, 2008); and “3 middle schoolers accused of killing, beating” (Associated Press/mlive.com, 8/26/2008). [update (October 22, 2008): see “teens face life in fatal beating,” Detroit News, Oct. 16, 2008]

Shaun Byron of The Oakland Press has done several articles about Frenchie. In addition to two linked above, last Friday she wrote the touching “Friends of ‘Frenchie’ raise funds for funeral” (September 5, 2008). The one that should make us all come to attention, however, is the piece “Attacks on homeless rise: 2 Pontiac men among recent victims” (September 3, 2008).  You see, Frenchie was very much an individual, but his beating and death are far from unique.

against the tombstone
with the faded name
homeless man rests

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

Over the past couple of years, Frenchie’s friends in Pontiac — like myself — probably heard about the rash of attacks on the homeless that has spread across our nation since the start of the Millennium.  We mostly clucked our tongues and went on with our lives, when we saw news reports such as these:

It took the violent, senseless death of a homeless person who had touched our lives in a positive way to make us pause and seriously consider the horror of gangs of juveniles targeting some of our nation’s most vulnerable people (who are often in poor health and by definition without a private sanctuary and a secure door to lock out danger).  Frenchie was no anonymous, throwaway person — not just a nuisance or the source of indifference, shame or fear, who we’d rather keep off our minds.  As the Oakland Press put it:

“His death saddened many people who knew him or called him friend.  Many people said they knew him as a harmless man and talented artist who had fallen on hard times and was living on the streets.”

“The death and hospitalization of two homeless men who were savagely beaten in downtown Pontiac has unnerved many who wonder what possible motive someone would have for the vicious attacks.”

Upon reflection, the people of Pontiac — and all of us — need to realize that “The slaying of 61-year-old Wilford ‘Frenchie’ Hamilton, as well as the attack [that same week on another] homeless man, could be an example of a chilling national trend of assaults on the homeless by young people.”  The readily-ignored statistics suddenly seem relevant to those who knew Frenchie.  For example, as the Oakland Press explained:

  • A 2006 report by the National Coalition for the Homeless found there were 142 attacks against homeless people that year. Of these assaults, 20 resulted in death. . . There were 60 such attacks reported in 1999, the year in which the coalition began to study the problem.
  • Overwhelmingly, 88 percent of the attackers were 25 or younger and 95 percent were male. No less than 68 percent of those accused and convicted in the attacks were between the ages of 13 and 19. And,
  • Assaults on the destitute also are occurring more frequently in smaller communities than the large cities on the East and West coasts, where they had been most common during the 1980s.

For the newest info and survey data from the National Coalition on the Homeless, see their Fact Sheet (June 2008).

Similar acts of violence have probably occured throughout human history, but the rapid rise of the phenomenon in our “civilized” nation calls for intelligent reflection and action. No one knows for sure why so many American kids are choosing to assault the homeless.  However, OP says that “state law enforcement agencies investigating other assaults on the homeless believe the attacks are spurred by parents’ negative views of the homeless, which are then passed on to their children.”  In addition, homeless advocates point to the popularity of “Bumfights,” a video series created in 2001 that features homeless people battering one another for money.  One online retailer of Bumfights Vol. 1 called it “The World’s Fastest Selling Independent DVD.”  NCH blames “negative stereotypes reinforced by the media and intolerant people.”

The Gang here at f/k/a urge all those who want to learn more about this scourge and possible solutions to read the Coalition’s latest report: Hate, Violence, and Death on Main Street USA: A Report on Hate Crimes And Violence Against People Experiencing Homelessness, 2007.  To start doing something about it, see the web page “Stop Hate-Motivated Violence Against Homeless People” from the Coalition.  You’ll find a Position Statement that says:

“It is time for us to demonstrate that we will not tolerate intimidation of our homeless neighbors. We must act now before the situation worsens. The solution is threefold – tracking the problem in cooperation with local law  enforcement, building education programs that prevent the problem before it occurs, and including homeless status in hate crimes statutes. We owe it to our homeless neighbors, many of whom have served their communities and their nation, to make their safety a priority.”

first frost
a homeless man appears
in the new development

. . . . . by Yu Chang, from Upstate Dim Sum

Of course, there are no easy solutions.  But we won’t find them without looking and making a commitment to act and advocate.  If you like your information in blog-post form, visit the 13th juror, by poverty lawyer and law professor Jacqueline Dowd.  She’s active in Project Homeless Connect and has been closely covering a homeless homicide case in Florida lately.

. . . This posting was inspired by Wilford “Frenchie” Hamilton, and the love and affection for him shown by his many friends and acquaintances.  I hope we’ll think of Frenchie to help counter negative stereotypes about the homeless and to help motivate meaningful action that will put an end to the trend that resulted in his meaningless death.  I sure hope Frenchie would have liked many of the poems I’ve gathered in his memory in this posting, by our Honored Guest Poets. (you’ll find more in our earlier post today “thinking about the homeless“)

p.s. We made a TinyURL to use if you want to share this posting: http://tinyurl.com/fkaFrenchie.

update (Nov. 20, 2008): For more details about the life of Frenchie Hamilton, see “Family: Man’s death ends haunting past” (The Oakland Express, November 10, 2008), which is based on an interview with his sister-in-law, Laura Hamilton.

last call
the pitch black night
he staggers into

winter solstice
the holiday lights
in a skid row bar

two bits
the homeless man tips
an imaginary hat

two bits
the homeless man tips
an imaginary hat

………… by Ed Markowski

after the storm
he is rich in umbrellas–
the homeless man

… by Barry George – WHA; Point Judith Light (Fall 1998)

moving day–
warm rain
on cardboard

.. by Alice Frampton – New Resonance 3 & The Heron’s Nest (2002)

now with homeless eyes
I see it…
blossoming spring

in autumn wind
a homeless crow
is blown

…………. by Issa, translated by David G. Lanoue

THE UNMADE BED

bus station hobo—
four plastic seats
and a tabloid pillow

on each dawn-frosted bench—
a full sleeping bag

a young cop rousts
the trestle couple—
cooing pigeons

in my pupils—
the mattress
in the storefront window

snores from the dumpster
at Executive Suites

dreaming of Dickens
on an empty belly—
one more vagabond

– “The Unmade Bed,” a rengay by David Giacalone (#1) & CarrieAnn Thunell (#2), in Lynx XXII:3 (October 2007)

after the quake
a hobo
directing traffic

… by Michael Dylan Welch – from Open Window

homeless at Trailways
no ticket
or bed

… by dagosan

happy hour
the bartender cashes
my disability check

skid row
on every bar napkin
a light hearted joke

christmas eve
homeless men crouch
at the back of the manger

………… by Ed Markowski

– self-portrait by Wilford “Frenchie” Hamilton (May 2008); via Oakland Press

thinking about the homeless

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 1:17 pm

We’re not quite ready-for-posting yet today here at f/k/a, due to even more distractions than usual.  But, we’ve been thinking quite a bit about the homeless recently — and especially this distressing trend — and I’m going to put up a few one-breath poems to tide our faithful visitors over until the full presentation is ready later this afternoon.

— I’d usually say “enjoy,” but this time maybe “reflect” is more appropriate.

deep
in the scent of summer
a homeless man

autumn wind—
a leaf and homeless man
cross paths

……………………….. by Andrew Riutta
“deep” – Roadrunner (Winter 2005)

skid row
a man snores beneath
yesterday’s headlines

*

bus stop
a man with one leg
lives here

*

tow away zone
under
the
sign
men
asleep

……….. by Ed Markowski

school’s out 
the homeless man
crosses the street

… by dagosan

for this homeless body
of mine, spring’s
first day

…………… by Issa, translated by David G. Lanoue

September 6, 2008

irked again by criminal defense lawyers (with updates)

Filed under: lawyer news or ethics,Schenectady Synecdoche,viewpoint — David Giacalone @ 3:19 pm

ooh If you ever wanted to see what happens when the Police Blue Code of Silence (“nobody knows nothing, nobody saw nothing”) joins forces with the Defenders Red Herring Credo (“distract ’em with fishy accusations”), you should have been outside the Schenectady County Courthouse yesterday afternoon.  Those who weren’t there can click this News Channel 13 news video link for a couple hundred illuminating seconds from the event. For full news coverage see:  “Police case a matter of form: Three Schenectady officers involved in alleged beating will face charges of not filing paperwork” (Albany Times Union, September 6, 2008); “Three Schenectady police officers face misconduct charges” (Schenectady Daily Gazette, September 6, 2008); and “Three Schenectady officers indicted for official misconduct” (Capital News 9, September 5, 2008).

Three police offers under investigation for beating up a man they arrested last December where charged yesterday with a mere misdemeanor count of failing to fill out a form (and turn on a camera).  They and their lawyers are very unhappy about the indictments.  The alleged victim of the beating wanted more. Let me try to summarize the facts:

  • Background: The Schenectady Police Department has been under a cloud for many years. (see our prior post) A barrage of complaints, including the frequent use of excessive force, led to a major civil rights investigation by the Justice Department and the DOJ Report recommended instituting new procedures to better monitor officer conduct during arrests.  Schenectady’s public safety commissioner Wayne Bennett (a former superintendent of State Police) was hired last year to clean things up and has instituted reforms to attack this sort of misconduct — including the filing of Use of Force forms and the use of in-vehicle cameras to make a record of arrests.
  • This case started in December 2007. As Capital News 9 said in March: “Donald Randolph was pulled over in Schenectady on Dec. 7 and arrested for drunk driving, driving without a license and harassment. He claims he was beat up by the officers during the arrest. . . . According to a jail report, he arrived at the Schenectady County Jail hours later with a swollen face and bruised wrist.”  “DWI suspect plans lawsuit against Schenectady police, city” (March 6, 2008)
  • Five officers who were present at the arrest were put on Administrative leave with pay pending a full investigation.  Our county District Attorney’s office recused itself, and the matter was then handled by the Office of the New York State Attorney General.
  • As the Gazette notes today: “[T ]he original charges against Randolph fell apart. [Gregory] Karaskiewicz, the arresting officer, never did sobriety tests and never saw Randolph driving, District Attorney Robert Carney said previously. Randolph ultimately pleaded guilty to misdemeanor aggravated unlicensed operation, not felony drunk driving, which was the original charge.”
  • At a hearing yesterday before county Judge Karen Drago, no charges were made against two of the officers, and the beating charges were dropped against three decorated officers Eric Reyell, 29, Gregory Hafensteiner, 30, and Andrew Karaskiewicz, 38.  However, as the Gazette reports today:

“Reyell, Hafensteiner and Karaskiewicz are accused of failing to complete a ‘use of force’ form regarding the arrest of Randolph. Reyell is also accused of failing to have his vehicle camera on during “events involving Donald Randolph.”

  • Michael McDermott is Hafensteiner’s attorney; Steven P. Coffey represents Karaskiewicz; and Cheryl Coleman represents Reyell.
  • John Milgrim, the attorney general’s office spokesman, explained: “The internal rules that were allegedly violated and that are the subject of the indictment exist to protect citizens as well as the police themselves. The possible penalties reflect the seriousness of the matter. Each officer faces up to a year in jail and loss of his position if convicted [of the misdemeanor charges].” Reyell, Hafensteiner and Karaskiewicz have pleaded not guilty.
  • Half the court gallery was filled with plain-clothed officers and family members. After the hearing, Schenectady PBA President Bob Hamilton said (despite the contrary jail report), “There was no brutality, which, all you had to do is take one look at him. He said five officers beat him several times and he didn’t have a mark on him.” As for the new charges, Hamilton added:

“I’ve never seen anything like this before, and quite frankly, it’s unconscionable. . . . We had three officers charged with a ridiculous crime. There’s never been a precedent in this state before where an officer has been charged with official misconduct for not filling out a departmental form.”

questionDude What’s going on here?  Addressing that question, Rex Smith editor of the Albany Times Union wrote this morning (“Editorial: Indictment targets police corruption,” September 6, 2008):

“You may quickly jump to the conclusion that cops who beat up a guy are getting away with a slap on the wrist. Or maybe you figure this is an unfair intrusion by lawyers who don’t understand the street, where dedicated officers routinely confront jerks who can turn a quiet night into a nightmare.”

PBA President Hamilton and the lawyers for the indicted officers want you to think the latter option is what this case is now all about, and that the indictments are illogical, vindictive and unwarranted, sending a chilling message to all law enforcement officers in Schenectady.

(more…)

September 5, 2008

whiny “family man” wants to be Family Court judge — and to copyright the slogan

Filed under: lawyer news or ethics,Schenectady Synecdoche — David Giacalone @ 9:27 am

Lawyer Kurt Mausert wants to be Family Court judge in Saratoga County, New York. Since his campaign website went up on April 1st, containing the standard copyright notice “All contents © 2008” in its footer, the masthead has featured this rather uninspiring slogan:

Although most family men really hate whining kids, and he is a father of four (ages 8 to 26), Mausert is loudly and plaintively complaining that his opponent — incumbent judge Courtenay W. Hall — has “stolen” his Family Man slogan and violated the copyright held on it by the Mausert election Committee. See “Saratoga County Family Court candidates battle over slogan” (Schenectady Daily Gazette, Sept. 5, 2008; update); “Whose line is it, anyway?” (TU Local Politics weblog, Sept. 2, 2008). A few months ago, Mausert also complained that leaders of the Independent Party treated him unfairly by not interviewing Mausert before choosing to endorse Judge Hall. The candidates are fighting for the Independence Party endorsement in a primary election on Tuesday. They will both be on the November ballot, Hall as a Republican and Mausert as a Democrat (See The Saratogian). [You can find a Campaign Update at the end of this post, describing Judge Hall’s victory in the November election and related topics.]

According to Mausert’s campaign manager, attorney RIchard Moran, all of Mausert’s campaign literature has included the Family Man slogan, but when Judge Hall sent out his first flier about a week ago he also claimed to be a “Family Man for Family Court.” Moran told the Gazette:

“Even if we hadn’t taken the care to post our copyright notice, it is simply unfair for one candidate to swipe another’s popular and well used slogan.”

Judge Hall had no comment, but his campaign manager Jeffrey Bagnoli told the Gazette:

“The allegations in that press release are patently untrue. Judge Hall used the slogan ‘A family man for Family Court’ 10 years ago, when he ran for the office for the first time.”

According to the Gazette:

A press release issued by the Mausert campaign about the accusations includes the question, “Is Courtenay Hall a Thief?,” which Bagnoli said is defamatory. Mausert said the question does not defame the judge, though.

“It’s not defamatory, it’s a question,” Mausert said. “I’m asking the question, ‘Do the people think my slogan was stolen?'”

Bagnoli says the charge violates the judicial code of ethics. Mausert responded that the press release merely asks a question and is therefore not defamatory. In the print edition of the Schenectady Gazette, Kurt is quoted saying:

“You have two tall, thin, bald white guys running for the same office. If you met me five weeks ago and then received his literature today with the same message on it, it’s going to be confusing.”

more (3 PM): The Glens Falls Post Star has more coverage with revealing quotations,”Candidate claims opponent stole his slogan” (by Drew Kerr, Sept. 4, 2008):

“The Web site has a copyright on it, but Mausert said he has no intentions of pursuing a legal case against Hall. Instead, he said the incident speaks more to Hall’s character.

” ‘Forget about any man-made law,’ Mausert said this week. ‘This is about integrity. People’s words and phrases are just as much their possession as an automobile.’

“. . . ‘For him to come out a week and a half before the primary with the same thing, it’s bound to cause confusion,” Mausert said. “I have to think this is deliberate.’

Calling Mausert’s allegations ‘over the top’ and ‘smear campaigning’, Hall’s campaign manager Jeffrey Bagnoli, responded that “It’s preposterous to think that because he puts the slogan up on a Web site that he thinks he owns it.” According to the Post Star, “Bagnoli also said Mausert should ‘give a lot more credit to voters in Saratoga County’ who should be able to differentiate the two.”

Meanwhile, over at Court-o-rama, Anne Skove suggests sending the two candidates to mediation, and notes how important it is to see the way judicial candidates handle conflict. She adds, “Usually we bemoan the fact that the public knows too little about the candidates. In this case voters may have learned just enough.”

update (September 14, 2008): Judicial Candidate Kurt Mausert left comments here at f/k/a on September 11th (and often thereafter), as well as at Prof. Randazzo’s Legal Satyricon weblog, and Legal Blog Watch, defending his accusations against Judge Hall. Although tempted to respond point by point, I’ll let the reader decide for himself or herself whether it’s important for a judicial candidate to do legal research before leveling accusations at an opponent claiming a violation of law; whether his charges are persuasive that using the “Family Man” slogan means Judge Hall lacks integrity, and that voters are likely to somehow confuse the two candidates because they are focusing on the (totally pedestrian) slogan, rather than the issues; and whether calling suggesting that your opponent is a thief and Prof. Randazazzo “arrogant” and a “haughty snob” suggests appropriate judicial temperament — or just desperation.

Kurt Mausert appears to have many fine qualities, and is making proposals for improving Family Court with which I, as a former Law Guardian and mediator, agree (e.g., having a website that helps explain how the court works and what to expect as parties; and using mediation to resolve disputes). It’s too bad — especially since his website tells us “Kurt has trained in the martial arts (Kempo) and works out regularly at Global Fitness in Saratoga Springs” — that he has come out swinging with such wimpy accusations. Two points that seem especially worth mentioning before we close:

  • With a few minutes of Googling, Lawyer Mausert or Lawyer Moran could have learned (as I did) that slogans are not protected under copyright law. Thus, the U.S. Copyright Office tells us they “cannot register claims to exclusive rights in brief combinations of words such as: . . . Catchwords, catchphrases, mottoes, slogans, or short advertising expressions.” (Circular 34, rev’d Feb. 2006) A distinctive commercial slogan can sometimes get a trademark (see My Norrby’s treatise, “Trademark Protection of Slogans“), but as the Fair Shot weblog has noted, “unlike the commercial case, in which dilution can be stopped by a lawsuit, there is no recourse for dilution of a political slogan in common currency”. [Note: In comments below, Mr. Mausert asserts a common law (as opposed to federal statutory) trademark violation has taken place based on New York law, and that experts tell him he has a good case under that theory.]
  • “A Family Man for Family Court” is not a “message” and is only “popular” in the sense that it has been used over and over by less-than-ingenious Family Court candidates.

update: (12 PM): Commenting on our post at Legal Satyricon, First Amendment and Copyright Law Professor Marco Randazza says, “At least one of the candidates doesn’t know the difference between copyright and trademark — and certainly knows nothing about either field.” (4 PM): Getting into the election year groove, Carolyn Elefant offers a thorough (but un-snarky) summary of this controversy at Legal Blog Watch this afternoon.

afterwords (3 PM): Always pleased to learn a little etymology, Prof. Yabut thinks its pretty interesting that “The term ‘slogan’, is of Gaelic origin, and descends from the word ‘sluagh-gharim’, war cry.” (The Swedish National Encyclopedia, 1995, via My Norrby)

update: (September 10, 2008): According to Channel 6, Judge Hall beat Kurt Mausert for the Independent Party slot in the November election for Saratoga Family Court. with 149 votes to his challenger’s 126 votes. (WRGB.com, Primary results: Saratoga County) As noted above, Mausert already has the Democratic Party endorsement, and Judge Hall is running as the Republican candidate.

update (September 19, 2008): Click for the decisions in Mausert V. Hall (September 6, 2008) by the group Fair Campaign Practices for the Capital Region, Inc regarding Mausert’s claims against Hall. FCP made “No Finding” on the issue of Hall misappropriating the “copyrighted” slogan, saying “Copyright infringement is a legal claim that is appropriately resolved by the courts.” FCP did note that Hall had failed to identify the name and address of the sponsor for that piece of campaign literature (FCP Principle 5).

Campaign Update (Nov. 5, 2008):  According to the Schenectady Gazette, Republican Family Court Judge Courtenay W. Hall defeated his challenger Democrat Kurt Mausert yesterday — with 58% of the vote — even though Barack Obama received 51% of the votes in the County, where a majority of the electorate are registered as Republicans.  Obama received almost 52,000 votes; Hall got over 48,000; Mausert garnered less than 36,000.  (In addition, Democratic challenger Jeffrey Wait has apparently beat the Republican incumbent Saratoga City Court Judge Matthew Dorsey for the City Court post.)

The headline in the Saratogian newspaper declares this morning that “Hall overcomes accusations for a win” (Nov. 5, 2008).  Reporter Anne Marie French explained (prior to the final vote count being tallied):

“Despite an election season plagued with allegations by his opponent of unfair campaign practices, Courtenay Hall seemed on his way to being elected by county residents to serve a second 10-year term in his current post as Saratoga County Family Court judge. Hall, as he did in his campaign, remained reserved with his comments about the race and his opponent with final figures not being confirmed.

“Hall’s opponent, Democrat Kurt Mausert, a criminal lawyer based in Saratoga Springs, filed five separate complaints on three occasions with the Fair Campaign Practices For the Capital Region Inc., which were related to a variety of issues.

“Mausert suggested Hall had stolen his campaign slogan prior to the September primary, failed to identify the sponsor of campaign literature, refused to debate after repeated requests, and improperly pressured attorneys to participate in his campaign. The FCP issued no findings or findings of no unfair campaign practices in all of the complaints.”

  • Here are links to the relevant Fair Campaign Practices decisions: 2008-1 Mausert v. Hall2008-5 Mausert v. Hall2008-12 Mausert v. Hall.  The FCP noted that Mausert had not suggested debate procedures that would ensure the moderator was impartial or that the moderator would be able to approve questions for their appropriateness under the Judicial Code of Ethics.

one mosquito
whining all day…
my pillow

mosquitoes whine–
even the rustling bamboo
is slandered

the whining mosquito
also thinks I’m old…
edge of my ear

… by Kobayashi Issa, translated by David G. Lanoue

p.s. Having started this mosquito theme, and having written no new poetry this week, dagosan wants to share this photo taken at the end of our block (Washington Ave. in the Schenectady Stockade) a couple weeks ago, and a poem it inspired.

swat swat
swat swat swat
calamine sunset

.. by David Giacalone – The Stockade Spy (Sept. 2008)

September 4, 2008

EnvyEsq works too much

Filed under: lawyer news or ethics — David Giacalone @ 2:21 pm

What role do envy and status anxiety play in the long hours (and unbalanced lives) of so many American lawyers and other professionals?  A Labor Day op/ed piece by Dalton Conley (chairman of New York University’s sociology department) suggests the answer is a very big role.  In “Rich Man’s Burden” (New York Times, September 2, 2008), Prof. Conley tells us that “Americans working on holidays is not a new phenomenon” for a nation infused with the Protestant Work Ethic, but something is very different in our era (emphases added):

“[I]t is now the rich who are the most stressed out and the most likely to be working the most. Perhaps for the first time since we’ve kept track of such things, higher-income folks work more hours than lower-wage earners do.  Since 1980, the number of men in the bottom fifth of the income ladder who work long hours (over 49 hours per week) has dropped by half, according to a study by the economists Peter Kuhn and Fernando Lozano. But among the top fifth of earners, long weeks have increased by 80 percent.

“This is a stunning moment in economic history: At one time we worked hard so that someday we (or our children) wouldn’t have to. Today, the more we earn, the more we work, since the opportunity cost of not working is all the greater (and since the higher we go, the more relatively deprived we feel).”

Editor’s Personal Note: A few decades ago, after I entered the legal profession, my blue collar relatives and their friends found it very hard to believe that I “had” to work more than 40 hours a week. (It sounded like an excuse for not getting back home more often.) They truly believed that my law degree was a ticket to the easy life, which to them meant having Free Time to enjoy the Big Bucks. And, they felt a lot less envious of my plight after seeing the (lack of) life style that went with my bar membership.

Sociologist Conley then reminds us that it is not technology — having laptops, Blackberrys and mobile phones — that has caused the omnipresent workday, but hidden economic realities such as “America’s income inequality.”  It is not the inequality between rich and poor, however, that causes the rich man’s work burden:

“[I]t turns out that the growing disparity is really between the middle and the top. . . . [T]he top half has been stretching out like taffy. In fact, as we move up the ladder the rungs get spaced farther and farther apart.

“. . .. [T]hose Americans who are in the top half of the income distribution experience a sensation that, while they may be pulling away from the bottom half, they are also being left further and further behind by those just above them.

“And since inequality rises exponentially the higher you climb the economic ladder, the better off you are in absolute terms, the more relatively deprived you may feel. In fact, a poll of New Yorkers found that those who earned more than $200,000 a year were the most likely of any income group to agree that “seeing other people with money” makes them feel poor.

“Because these forces drive each other, they trap us in a vicious cycle: Rising inequality causes us to work more to keep up in an economy increasingly dominated by status goods. That further widens income differences.

” . . . So, if you are someone who is pretty well off but couldn’t stop working yesterday nonetheless, don’t blame your iPhone or laptop. Blame a new wrinkle in something much more antiquated: inequality.”

Conley is surely correct about the existence of this vicious cycle, but he seems to be laboring in a sociology values-free zone.  It’s not economic inequality that causes the well-off to feel deprived and driven to work more.  It’s the psyches and values of the well-off that leave them dissatisfied with income levels that — by any objective standard — allow them to lead the Good Life, and to spoil their lives by working more and more to acquire more and more income and status goods.

Working more to “keep up with the Jones” is not a new phenomenon in our society. A half century ago, Vance Packard explained in The Status Seekers (1959) that:

“[M]ost of us surround ourselves, wittingly or unwittingly, with status symbols we hope will influence the raters appraising us, and which we hope will help establish some social distance between ourselves and those: we consider below us. The vigorous merchandising of goods as status symbols by advertisers is playing a major role in intensifying status consciousness. Emotionally insecure people are most vulnerable.

“Many people are badly distressed, and scared, by the anxieties, inferiority feelings, and straining generated by this unending process of rating and status striving. The status seekers, as I use the term, are people who are continually straining to surround themselves with visible evidence of the superior rank they are claiming. The preoccupation of millions of Americans with status is intensifying social stratification in the United States.” [find five chapters from The Status Seekers here]

Packard also noted in 1959 that the psychic rewards of engaging in a learned profession do not seem to be enough “to get difficult tasks performed.”  Therefore:

“A man who undergoes years of arduous training necessary to become an accountant will be motivated to undergo that training only if there is a reward at the end. One reward, of course, is the satisfaction of being an accountant. But most people require additional rewards — even the Soviets are discovering — in the form of pay and prestige.”

A few years ago, in his book Status Anxiety, Alain de Botton argued that we are more irked by differences between what we have and what “our ostensible equals” have than by those who dwell far outside our own reference group:

“There are people whose enormous blessings leave us wholly untroubled, even as others’ negligible advantages become a source of relentless torment for us. We envy only those whom we feel ourselves to be like—we envy only members of our reference group. There are few successes more unendurable than those of our ostensible equals.”

. .. from Status Anxiety by Alain de Botton (via AnnabelleMagazine)

How does this relate to lawyers? From our vantage point, it looks as if over-worked lawyers suffer from the same affluenza and status anxiety as their professional and social counterparts across American society, and then make it worse by falling into the Bar’s own brand of stratification and snobbery — the myth that professional success can only really happen at the biggest, most prestigious law firms (or, perhaps, by becoming filthy rich or immensely powerful to compensate for being a lesser kind of lawyer).  See, e.g., Scheherazade’s piece “Why are lawyers such snobs?” and our response, from September 2003:

It’s too bad that most people graduate from law school before they’re mature (experienced? confident?) enough to listen to their inner voice, or to even have a clear voice inside letting them know who they really are.  Instead, they only hear a peer group and a society that puts prestige, power and profit above personal fulfillment — or, worse, actually thinks that those 3Ps will give you personal fulfillment.

(more…)

September 3, 2008

taking the me out of meme

Filed under: q.s. quickies,viewpoint — David Giacalone @ 5:39 pm

That’s my Mea Culpa Mug (circa 1952).  It’s there because I’m planning to be grouchy and feel a little bad about it.  Not bad enough to stifle this post, of course.

at daybreak
what grouchy faces…
Mr. and Mrs. Cat

…. by Kobayashi Issa, translated by David G. Lanoue

…  I‘m beginning to understand why Ed the Editor of Blawg Review fame tries so hard to remain anonymous and hard to find (see our prior post).  He keeps coming up with annoying “memes” in which one weblogger performs some sort of self-revelation and then “tags” other bloggers, asking them to so the same.  The latest, to commemorate Blog Day 2008 (which was August 31st), is “5 Blogs and 5 Blawgers” (Sept. 2, 2008).  As Ed explains:

The idea is to post links to five great blogs (other than law blogs) on your blawg and tag five of your favorite blawgers to do the same under the post title “5 Blogs & 5 Blawgers“.

Well — despite being tagged today by one of my very favorite blawgers, Anne Reed of the jury-oriented Deliberations weblog — I make this plaintive plea: keep me out of this meme.  Here’s what I said the last time I was tagged (for the “simply the best blawg” meme):

Like Bob Ambrogi (who “truly hate[s] these things”), and most humans with taste and politesse, I find being tagged to join in a self-revelatory blogisphere “meme” event highly annoying, painful, and intrusive. . . . Thus, I let my crabby but attention-starved alter ego Prof. Yabut handle our weird tag duties last year, and procrastinated even more than usual with the Book shtick Stick back in 2005.

This time, I can’t even cajole lonely old Prof. Yabut (who is usually quite a sucker for a pretty face) into pulling meme duty.  As he rather sarcastically reminded me: “The whole f/k/a Gang combined doesn’t read 5 “blogs other than law blogs” in the typical month.  We don’t even land on 5 different blawgs most weeks.”  So, let’s hope this voir dire convinces the judge to strike me from Meme Jury Duty.  Please.

p.s. As I often find myself asking: “How do these adult people, who have jobs and families, find the time to read lots of weblogs?”  Since I won’t be tagging anyone with this Meme, five of you will have a little extra time to play with the kids, empty that In Box, or surf da web.

lazy cat–
he cocks his ears
then back to sleep

…. by Kobayashi Issa, translated by David G. Lanoue

do you take too many cases?

Filed under: lawyer news or ethics — David Giacalone @ 12:02 pm

. . . . Over the years, we’ve often talked about lawyers who accept more work than they can competently handle — resulting in poorly served clients and a failure to live up to our professional standards of diligence (see Rule 1.3 Diligence, ABA Model Rules of Professional Responsibility).  Today, the ABA Journal News site gives us an extreme example in the article “An Overwhelmed Lawyer Leads to Md. Suspension for Lemon-Law Founders” (September 3, 2008). And see “Top K&S lawyers draw suspension: Name partners at ‘lemon law’ firm faulted for supervision of Md. office” (The Maryland Daily Record, Sept. 2, 2008).

The ABA Journal reports that “The founders of Pennsylvania-based Kimmel & Silverman, the “1-800-Lemon-Law” firm, have been suspended from legal privileges in Maryland for failing to supervise a lawyer there [who was] unable to keep up with an overwhelming caseload.”

The Daily Record article summarizes:

“The grievance charges against Kimmel and Silverman stem from the dismissal of nearly four dozen of the firm’s cases in 2005 when its only Maryland attorney, Robyn Glassman-Katz, fell behind in answering discovery requests. Glassman-Katz, who was disbarred by consent last year, has testified that Kimmel & Silverman demanded that she carry a staggering workload and did not give her enough help managing it.”

According to the state bar counsel’s office, the lawyers had unrealistic expectations for the firm’s Maryland lawyer, Robyn Glassman-Katz, requiring her to file 10 lawsuits a week at first and later 15 a week. Two dissenting judges said the punishment is not harsh enough.  The f/k/a Gang agrees — acting quickly to minimize losses once K&S “became aware of the extent of the backlog” is simply good business tactics and the least we should expect of a firm whose policies created the mess. [update (Sept. 4, 2008): Bob Ambrogi is satisfied with the discipline imposed.] It is only overwhelming greed that could cause K&S to structure their business in this way and put such pressure on one of their attorneys.

A lack of diligence or competence can at times be caused sloth, but greed  — on the part of profit-minded partners and future-oriented associates — is most often the culprit.

My main point today, however, is that taking on excessive workloads hurts clients (and the lives of lawyers) long before things get as bad as this Maryland case. Unfortunately, the lawyer discipline system ignores the less extreme situations and law firms everywhere, and of all sizes, take all the profitable-looking work that comes in the door or over the internet.

Our first month online (under the name ethicalEsq), we wrote “Sorry, it’s not just a few bad apples” (June 16, 2003), in which we asserted:

  1. We need to put the diligence back into the J.D. And, we need to recognize that the problem is not with only a tiny part of the profession, but includes a significant portion of lawyers who serve the average Joe and Jane Client.” And
  2. Until bar counsel and bar organizations treat everyday diligence as an important part of law practice and legal ethics, nothing much is likely to change.

The post ended with this question: “When was the last time your law firm turned away a client because it was too busy to give adequate service within a reasonable time span?” That’s a pretty good way to end this one, too.

If you want more, see “Too many assigned counsel just don’t give a damn” (Feb. 3, 2004); and “Diligent Defender Standards should apply to all firms” (July, 19, 2003).

daffodils–
the old scarecrow
seems busy

the lazy dog
barks lying down…
plum trees in bloom

the second one
doesn’t satisfy their greed…
New Year’s celebrations

…….. by Kobayashi Issa
– translated by David G. Lanoue

afterwords (6 PM): The new issue of The Complete Lawyer is just out, and its “focus” topic is “The Brave New World of Associates” (Vol. 4 No. 5, Aug-Sept 2008).  As Carolyn Elephant at Legal Blog Watch said today, “The issue includes at least a dozen articles on topics like professional development and finding meaning in law firm work, and even an article that I authored, entitled ‘Solos Know Strategies Associates Need To Learn‘.”  No matter what size firm they join, I hope find a professional home that knows the meaning of diligence and putting client interest above getting filthy rich.

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