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

September 28, 2008

what is it about sunsets?

Filed under: Haiku or Senryu,q.s. quickies,Schenectady Synecdoche — David Giacalone @ 8:11 am

. . they’re free and frequent . .

. . and fleeting . .

.. . . they make us look again at everyday sights .. ..

Hermits and honeymooners ooh and aah. New Agers and Hockey Moms love them. Cranky Curmudgeons, too.  Even when prices are high and politicians low.

Yes, I’m grateful our species got a gene that almost always enjoys another sunset.  Perhaps, that gene evolved and was naturally selected back when life was rather brutal and short, because those of our early ancestors who looked forward to sunsets had more motivation to survive for another day, were more fun to be around, and tended to attract mates.

Naturally, I’m also thankful that such wonders appear so often at the end of my block — and that digital technology lets me view and then share them with virtually no fuss or expense.

(above photos taken September 25, 2008, photos below were taken September. 27, 2008S, Schenectady Stockade, Riverside Park, by d.a.giacalone; click to enlarge)

for many more sunset pictures from Schenectady, see my photoblog suns along the Mohawk

Two centuries ago, half a world away from my Schenectady sunset, an itinerant Japanese poet loved his sunsets, too.  These should tide us over until 7 PM tonight.

sunset–
the town is buzzing
with dragonflies

the mountain sunset
within my grasp…
spring butterfly

the woodpecker too
engulfed in sunset…
autumn colors

waiting and waiting
for sunset…
the willow tree

at my feet 
sunset’s rays, autumn
mountain

not shrinking back
from the sunset…
wildflowers

a plowman facing
sunset…
Mount Tsukuba

sunset–
a ruckus of cherry blossoms
a ruckus of trout

sunset–
an assembly of kites
in the sky over the town

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

Below the Fold: sunset through the eyes of a dozen contemporary haijin, a/k/a f/k/a‘s Honored Guest Poets:

(more…)

September 27, 2008

presidential debate redux: a puppet postscript

Filed under: q.s. quickies — Tags: , , , — David Giacalone @ 11:00 pm

A post-debate haunting … 

When I pulled the O’mama puppet off my finger Friday night and headed for bed, I knew I wouldn’t be able to sleep well.  The First Finger Puppet Presidential Debate — between Blue candidate O’mama and Red candidate McCurse (see our prior post) — ended with too many things unsaid by my candidate O’mama.  So many missed opportunities to put the grouchy old-guy puppet on the spot by asking questions that needed to be asked — and not just to keep that whiny moderator happy.

As I tossed and replayed the debate in my sleepy head, a dreamlike O’mama Puppet came into focus on the tip of my finger and then reappeared at my MacBook screen.  I knew what had to be done, although I’m no political strategist or analyst, and rarely play one at my weblog: I had to spend a few minutes composing those unasked questions — writing them down, now, so they’d be ready for the second debate in October.

McCurse’s taunts spurred me on.  .. ..

  • McCurse: You’d accept defeat in Eyeraq, O’mama.  Our nation must have victory. You are naive and irresponsible, and would rather lose a war than an election.

. O’Mama:  Just what do you mean by “victory” McCurse?  The Amerifan people deserve to know.  Do you mean the end of all sectarian and insurgent violence?  Sects and ethnic groups that are disarmed and cooperating?  Fair elections and a stable democracy?  A compliant “puppet” government with Amerifan military bases entrenched?  The end of Eyeran’s influence and activity in Eyeraq?  Secure oil resources for Amerifa?

How long will it take to achieve your so-called victory?  How many dollars and lives?  Can your vision of victory ever be achieved without a large, continuing Amerifan military presence in Eyeraq?  And hasn’t the Prime Minister of Eyeraq endorsed the concept of a timetable for removing American troops?

  • McCurse:  Our splurge worked and you won’t admit it, even though you said it succeeded beyond your wildest dreams.  You’re stubborn and naive and are willing to come home from Eyeraq in defeat.

O’mama:  Sure, McCurse, one aspect of the splurge worked.  Sending lots more of our brave sons and daughters helped reduce violence.  But, wasn’t most of the success achieved and achievable by deploying the troops already there more effectively?

What about all the other goals of the splurge?  How much closer to sustainable political stability and maturity are the government of Eyeraq and the opposing factions?

More important, how long will the successes survive post-splurge?  You and the generals call the gains fragile. If they’re temporary, did we just postpone the turmoil, wasting years and lives and dollars, and permitting the Eyeraqis to lean on us rather than solve their own problems?

Would the nation and the world be more secure from terrorism if the splurge troops and resources had been used in Arfghanistan?  Are the successes worth the continued animosity of so much of the world?

  • McCurse: We’re winning in Eyeraq, but you would have let us leave in defeat and disgrace, and will forfeit victory by pulling out too soon.

.. O’mama: Our own generals refuse to say we’re winning in Eyeraq. What do you mean by winning, McCurse?  Is “winning” like the victory you and your Party’s President said we “won” in Arfghanistan a couple years ago?

  • McCurse:  I don’t care what that moderator says, you ask too many questions, O’mama.

O’Mama: Fine. One question: What do you mean by victory in Eyeraq?

Disclaimer: Any resemblance to any actual debate, living presidential candidates (e.g., Barack Obama, John McCain), or countries (i.e., America, Iraq, Iran) is purely coincidental and unintended.

post debate –
my index finger
twitches

… by dagosan

afterwords (September 28, 2008): In a parallel universe, during this morning’s edition of Meet the Press, Tom Brokaw had this discussion with Steve Schmidt, Sen. John McCain’s chief campaign strategist:

MR. BROKAW: All right.  . . . Let’s go back to this business about winning in Iraq, if we can. In fact, a number of people on the Republican have–side have said that we’re winning. But in an interview with the BBC, General David Petraeus said he did not know that he would ever use the word victory about Iraq. “This is not the sort of struggle where you take a hill, plant a flag and go home to a victory parade. … it’s not” a “war with a simple slogan.” So isn’t it misleading in many ways for Senator McCain to say we are winning and we’ll come home when we have declared victory?

MR. SCHMIDT: Well, absolutely not. Here is what victory means in Iraq. It means an Iraqi government that is able to protect its borders, and it means an Iraqi government that is able to protect its people, then moves forward on its path to democracy.

Meanwhile, on today’s The Chris Matthews Show, BBC’s Katty Kay said her international correspondents tell her that many Iraqis would have a very hard time recognizing the Iraq described by McCain in his version of surge success (click for the video).

…  thanks to Fold US Candidates … 

September 26, 2008

hold your own presidential debate — the finger puppet solution

Filed under: Uncategorized — David Giacalone @ 7:15 am

In thirteen ten eight hours, the First Presidential Debate may or may not be held at Ole Miss.  Whether both candidates will be on stage tonight for this high-stakes event is still uncertain

3 PM update: The Associated Press has reported that John McCain is going to attend the debate this evening.   Nonetheless, the f/k/a Gang advises that you keep your options open, and continue reading this posting, which might just come in handy again before the election.

Rather than leave your Friday night plans unsettled, we suggest

Plan B: Hold your own Presidential Debate — and give the candidate of your choice the finger — with these lifelike Finger Puppets from Fold US Candidate (in pdf. format for print-out; via Don Weeks and Cory Doctorow):

.. Obama & McCain on hand for the debates  ..

candidate
debate  –
my middle finger twitches

… by dagosan

update (Sept. 26, 2008): Thanks to a reminder from Anne Skove from Court-o-rama that sock-puppets could also work rather well for staging the debate, Prof. Yabut remembered that an appropriately-clenched fist could also be used to quickly create a hand-puppet like those made by Señor Wences, our old favorite from the Ed Sullivan Show (poster and bio here).  Since it’s John McCain who is threatening not to show up tonight, it’s fun to recall that Wences’ most famous fist-puppet was named Johnny.

afterwords (September 27, 2008): See our follow-up “presidential debate redux: a puppet postscript.”

As expected, a few of our haijin friends are on hand for the debate party:

this summer night—
she lets the firefly glow
through the cage of her fingers

no place
to hide my hands
the rain begins

raspberries in season– 
all day I’ve needed
my hands

in both hands–
the water she carries
from the ocean

…. by Gary Hotham from breathmarks: haiku to read in the dark

clouding sky
my finger
on the bear track

………by Michael Dylan Welch – Shiki Haikusphere 10th Anniversary Anthology (2007)

on my finger
the firefly
puts out its light

………….. by Roberta Beary – Shiki Internet Kukai

writing with a finger
in the clear blue sky…
“autumn dusk”

lion puppet at the gate–
from his mouth
plum blossoms

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


harvest festival 
small fingers trace
a saint’s name in slate

puppet show ~
an accordianist’s music
shows in his face

summer’s end
a gap-toothed kid
shows me the finger

blackberry picking ~
a pricked finger runs
into the stain

………………… by matt mordenMorden Haiku

sculpting cloud peaks
from shampoo suds –
crooked fingers

hard-to-peel
tangerine –
her citrus-scented fingers

… by David Giacalone
“sculpting cloud peaks” – Clouds Peak #1 (July 2006)
hard-to-peel” –  XXIX: 2 (2006)

snow shoveled on top of snow –
she breathes slowly
on her fingers

. . . by Gary Hotham – “Footprints & Fingerprints” (Lilliput Review,  1999)

September 25, 2008

a few autumn kigo and haiku

Filed under: Haiku or Senryu — David Giacalone @ 4:10 pm

Kigo are “season words” (from the Japanese 季語, kingyo) — words or phrases that are generally associated with a particular season. In traditional Japanese haiku and linked poetry, kigo are used to give a verse its seasonal reference. (See the Wikipedia explanation for more.)  A long dispute was waged in the Japanese and English-language haiku communities as to whether a poem can even be a haiku without a kigo. (Not that it matters much, but the f/k/a Gang thinks it’s sufficient to have a reference to “Nature” in order to create a haiku.)

For examples of kigo, check out “The five hundred essential Japanese season words,” Selected by Kenkichi Yamamoto and translated by William Higginson and Kris Young Kondo.

As we wrote a couple months ago, HaikuWorld hosts The Shiki Monthly Kukai — a peer reviewed poetry contest open to everyone (full details here).  Each month, in the kigo portion of the contest, the moderators choose a kigo that participants must use in their submitted haiku.  For the September 2008 kigo, the Shiki folks decided to choose the word “autumn” itself, rather than a particular word associated with autumn, as their kigo.

Below are the poems submitted by four of our Honored Guests Poets for the September 2008 Shiki Kukai. (The full results can be found here now, and here next month and thereafter.)

a field
of faceless pumpkins…
Autumn begins

… by Ed Markowski (3rd place tie) …

leaves raked
a boy jumps
into autumn

…. by Roberta Beary

a granddaughter
leads her through the corn maze
autumn deepens

…. by tom painting

Dad’s wedding ring
begins to loosen . . .
autumn rain

…. by Alice Frampton .. ..

Below, are haiku and senryu using season words that we usually associate with autumn — scarecrow, pumpkin, and apple.

withering wind…
the scarecrow’s jacket
fits

harvest moon
we move the scarecrow
to the front porch

… by Ed Markowski

burning rubbish–
a scarecrow too
goes up in smoke

wind-bent in moonlight
the scarecrow leans
on a cane

the village dog
suddenly disapproves…
the scarecrow

… by Kobayashi Issa, translated by David G. Lanoue

— click for a crop of than 50 scarecrow haiku by Master Issa

itchy back
the scarecrow
lends a hand

….. by dagosan

seeding time
the farmer dresses the same
as the scarecrow

… by Jim Kacian – from The Scare Crow (Red Moon Press 1999)

.. The book The Scare Crow: A Collection of Haiku & Senryu (Leroy Kanterman, Ed., Hiroake Sato, translator, Red Moon Press, 1999) has dozens of haiku featuring the scarecrow, along with an essay “The Scarecrow and Our Haiku” by John Stevenson.

autumn sun–
the lawyer carries home
a pumpkin

… by Barry George

dry leaves scattered
over roadside pumpkins
the first hard frost

…. by Matt Morden (Shiki Kukai, third place, Nov. 1997)

perched on
the sumo’s belly –
one large pumpkin

………. by dagosanNisqually Delta Review (summer/fall issue 2006)

morning drizzle
the shifting shape
of the apple sack

… by paul m – frogpond XXIX: 2 (2006)

during discussion
on the meaning of life . . . the crunch
of a student’s apple

. . .  by George Swede from Almost Unseen

no rain for days —
a half-eaten apple taken away
from the fruit flies

… by Gary Hotham – The Heron’s Nest (Sept. 2006)

September 24, 2008

DWP needs its own Doris Aiken

Filed under: Schenectady Synecdoche,viewpoint — David Giacalone @ 10:34 am

.. .. ban DWI and DWP, too . . ..

In 1978, Doris Aitken launched RID (Remove Intoxicated Drivers), the first anti-DWI national organization in the U.S., right here in Schenectady, New York.  Since then, Aitken and RID — using all volunteers in the field and no professional fundraisers — have been instrumental in passing dozens of laws relating to drunken driving. See “RID marks 30 years of efforts to combat drunken driving” (Sunday Gazette, Sept. 21, 2008), and the RID milestones page.

The deaths of Scotia residents Karen and Timothy Morris, 17 and 19 (the only Morris children), caused by an intoxicated 22 year old on Dec. 4, 1977, spurred Doris Aitken into action.  For three decades, she has relentlessly confronted lawyers, courts, politicians, the media and the alcohol industry in her struggle to reform DWI laws.

This Pit Bull wears lipstick. ..  Doris Aitken is over 80 years old, but she is still tenacious and surely still wears lipstick.  She called her 2002 memoir, “My Life as a Pit Bull” (several chapters are available here).

As a Schenectady Daily Gazette editorial said yesterday, “Aiken shows that citizen activism works” (Sept. 23, 2008):

“Thirty years ago, drunken driving was seen as a joke. Today it is seen as the serious, life-and-death matter that it is, by most drivers as well as the legal system. No one person or group deserves all the credit for this societal change in attitude, but Schenectady’s Doris Aiken and her RID-USA, the oldest national anti-DWI group, deserve a lot, especially in New York state.”

Through education, consternation and legislation, RID and similar organizations, such as MADD, have helped change the attitude and behavior of millions of Americans, saving lives and preventing accidents.   As Robert Carney, the Schenectady County District Attorney, told Doris at the RID 30th anniversary event:

“People are making smarter choices, and the highways are safer thanks to you.”

After three decades of ardent advocacy, and Doris Aitken is still passionate and committed. [Last December, the octogenarian started the RID Weblog, where she recently argued “College Presidents wrong on drinking age“.]  Along with so many others here in Schenectady and across the nation, I tip my hat to Doris Aiken and send her my gratitude and admiration.  Today, moreover, I fervently hope that we can somewhere find a focused, articulate and effective advocate like Aiken for an impaired-driving crusade against the similar scourge of Driving While Phoning.

. .. In 1997, The New England Journal of Medicine reported on a study by Toronto researchers, which found that the risk of having an accident is four times greater if the driver is using a cell phone — the same risk as driving at the legal drinking limit. Additional studies have confirmed that finding, with one also equating the reduced reaction times of those engaged in DWP to that of drivers over 70 years of age.  Of course, far more people, from every demographic group, drive impaired due to phoning while driving than have ever driven under the influence of alcohol.  They do it consistently, 24/7, not just in the evening, after parties, or during holidays.  They do it shamelessly, with kids and loved ones in their cars. And, where the phony and ineffective handheld-phone-bans exist, they blatantly engage in DWP in front of law enforcement officers. (see our prior post for more information)

Criminal defense lawyer and Simple Justice blawger Scott Greenfield might believe that some DWI laws go too far, but he is well aware of the importance of the anti-DWI movement and of the analogy to DWP.  In the post “the other drunk driver,”  he wrote last year: “The same people who will rail with inflammatory rhetoric at the evils of driving drunk will happily cruise in their SUV while talking non-stop on a cellphone.”  And, Scott explained back in February:

“First, there is no longer any question that cellphone use while driving is as bad as, if not worse, than drunk driving.  It is not merely benign conduct, but conduct that has the potential to kill.  Worse yet, it lacks the moral stigma of drunk driving, so that ordinary law-abiding people wouldn’t think twice about chatting away on the cellphone while behind the wheel.  It doesn’t make you a bad person.

“For some, the point can be quickly driven home on a policy basis by noting that there is no conversation that someone needs to have so desperately that is worth the life of my child.  Until recently, society survived without cellphones.  We were not on the verge of crumbling for lack of an opportunity to chat with a friend, or even a client.  Are cellphones convenient?  Absolutely.  Are they worth taking a life?  No.”

The f/k/a Gang keeps harping about the dangers of DWP, and the hypocrisy of politicians who pass laws making hands-free DWP legal.  See, the comprehensive post “California’s make-believe phone safety law” (June 30, 2008).  But, we have neither the focus nor the energy to make it our crusade.  DWP needs its own Doris Aiken.

In the blink of an eye, our nation went from having no cellphones to having a population that can’t live or drive without them.  Judging by their behavior, a majority of Americans sees no problem at all in turning their vehicles into giant, speeding desks and sofas — used for endless streams of distracting business and social “communication”.  And, worse, even when they admit the obvious added risk caused by DWP, they dismiss it as secondary to some presumed right to phone, and they give in to the irresponsible impulse to chat with whomever they choose, whenever they choose.

It’s almost too late.  We need a Doris Aiken to educate and embarrass the public and our so-called leaders about the folly of DWP.  We need to change hearts and minds, and create an anti-DWP stigma, the way RID and MADD did with drunk driving. It’s almost too late, but I bet Doris Aiken could do it.

.. .. ban DWI and DWP .. ..

p.s. You can pass on this post using the tiny URL: http://tinyurl.com/RID-DWP .

September 23, 2008

automatic doors make terrible bulletin boards [with sequel added July 2010]

Filed under: Procrastination Punditry,Schenectady Synecdoche — David Giacalone @ 4:19 pm

..  Granted, the handy rule of thumb you see in our headline is not an earth-shattering piece of wisdom.  It hasn’t been passed down for generations in my family either. But, it came to me rather quickly a few days ago, when I tried to read the notice found at the head of this paragraph.  For the past week or so, that piece of paper has been prominently posted on both entry doors of the Central Library building of our Schenectady County Public Library. Despite several attempts at reading the notice, all I can say for sure at this point is that workmen participating in an Asbestos Abatement Program will be at the 99 Clinton St. Central Library to remove some asbestos sometime soon. Although the information is surely contained in the posted message, I still don’t know which contractor is handling the task nor when the removal will take place, or if the building will be shut down during the operation.

— northern entrance Central Library —

You see, the Notice moves to the left as soon as one approaches it.  That’s because it’s attached to an automatic door that slides open when you get near it, and then slides back rather quickly once you pass through.  Yes, I tried scooting over to peruse the Notice in that moment when the door stops after fully opening, but it begins sliding back to close as soon as one steps out of the entryway.

Sure, I could probably wait for a long line of entering Library patrons to pass through the doorway, or get someone to stand on the sensor pad a few moments, to let me to read the Notice while the door is fully open — or even come back when the Library is closed and the door is locked — but, that’s a lot of work and sort of beside the point for any self-respecting curmudgeon.

I’m going to assume that whoever posted the Notice on those two automatic doors did it when they were locked — otherwise, there should have been an epiphany leading to the discovery of my Terrible Bulletin Board Maxim.  If the doors were turned on and doing their sliding thing, I’d love to have seen the Affixation Moment, and the look on the Affixer’s face.

.. Southern Entrance SCPL Central Library ..

As you can see, there were quite a few stationary spots near the entrance, where one might have affixed an Important Notice.  Prof. Yabut, our legal issue-spotter, wonders whether an obligation to post a notice could be properly satisfied, when it’s been placed on an automatic door.  If the entire f/k/a Gang had not missed its afternoon nap, we might have tried some quick research to see whether the issue has been adjudicated.  However, even when we’re in procrastination mode, we try to have better things to do with our time and limited energy.  Enterprising law students, associates who have already met their September billable hours quota, or really bored law professors and webloggers out there, are nonetheless encouraged to pursue the legal point and let us know the results of your research or brain-storming. [follow-up: Two years later, I did the research and the results can be found in the update below dated July 3, 2010.]

.. In case you ever have to post a Notice or are contesting whether notice has been properly made, we repeat:  Be it Swinging, Sliding, Telescopic or Bifolding, an automatic door makes a terrible bulletin board.

afterwords (8PM): Thanks to Jo-Ann Schrom for posting this posting at her Rotterdam NY Info site.  As the regulars at the Rotterdam online community regularly have enjoyable and interesting perspectives, I’ll be clicking the link to see what they think of those sliding doors.

deja vu

follow-up frustration (July 3, 2010):  After the handful of haiku below you will find “a moving message from the Schenectady County [NY] Public Library“, with the second chapter in this aggravating tale.

May morning
the door opens
before I knock

. . . . by John Stevenson – from Some of the Silence

birdsong
opening the sliding door
in her red pajamas

doorFrontF . . . . by paul m. – A New Resonance 2 & Frogpond XXII:1

through the open door . . .
her smile doesn’t forgive
all my sins

. . . . by Randy Brooks – School’s Out (1999)

Part II (July 3, 2010)

(more…)

September 22, 2008

goosed into fall and the election season

Filed under: Haiku or Senryu — David Giacalone @ 8:45 am

Autumn arrives this morning.  If you’re looking for haiku and senryu about the coming of fall and its equinox, see our 2006 autumnal equinox haiku page, and our farewell to summer posted yesterday.  Of course, fall brings the election season in America and, for some reason, I’ve got fish, geese, games, and insects, too, on my mind as the campaign heats up and our chilly autumn settles in to stay awhile.

the fish
unaware of the bucket…
a cool evening

autumn’s first geese
come first
to the poor town

autumn’s first geese
crapping on people
fly on

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

autumn morning
two veterans
shoulder their brooms

autumn equinox
both hands hold up
his first fish

night fishing
a few bites
from mosquitoes

autumn heat
the swelling
of a fresh tattoo

a trace of dust
on the window screen
autumn butterfly

Indian summer
a fish slips through
the gill net

autumn sunset
papa resting
his eyes

All Soul’s Day
the fish I released
washes up

autumn evening  her pills  lined up by size

.. …by w.f. owenhaiku notebook (Lulu.com, 2007)

sparrows sift through
the shopping carts
autumn dusk

… by John Stevenson
Modern Haiku; Hon. Mention, 2006 Snapshot Haiku Calendar Con

fall twilight–
my brother going out
long

… by Barry George – from A New Resonance 2

autumn equinox
a red dragonfly
tilts its wings

… by  Yu Chang – Upstate Dim Sum (2001/I)

first autumn wind
not feeling the knife
slice my finger

…………… by Jim Kacian – Simply Haiku; lz Kamna

autumn equinox
making a new arrangement
out of the old

……… by  Pamela Miller NessThe Heron’s Nest (Dec. 2003)

fall’s first sunset –
driving due west
squinting

…………… dagosan

September 21, 2008

lawyers eliminating witnesses: oh, Cisco!

Filed under: lawyer news or ethics,Procrastination Punditry — David Giacalone @ 7:34 pm

. . . . . . Robert Simels & A. W. Parker . . . . .

The New York Times recently noted that “The federal complaint against Robert Simels, a well-known New York criminal defense lawyer, reads like a script from an HBO crime drama.”  “Defense Lawyer Charged With Witness Tampering” (Sept. 11, 2008).  That’s because

“Mr. Simels, who has represented some of New York’s most notorious gangsters and rappers and an assortment of athletes and celebrities, was arrested on Wednesday and charged in what officials said was a plot to “neutralize” witnesses who were willing to testify against one of his clients [Shaheed Khan, an accused drug kingpin with reputed ties to the Guyanese government].”

— Read more about the indictment of Bob Simels at the WSJ Law Blog, and Simple Justice, which links to this affidavit in support of the arrest warrant.

It may seem like an HBO crime episode, but while I was watching my favorite $5 dvd this afternoon, I discovered that the Simels tale also “reads like a script” from the classic 1950’s network tv western The Cisco Kid.  Trying to avoid any serious punditry today, I put a disc from “The Best of the Cisco Kid” in my dvd player.  The first episode I played, out of the 35 on the 3-disc set, was “Confession for Money,” from the show’s first season.  Unless I was in Mama G’s lap, at 13 months old, when she watched its original broadcast on January 2, 1951, it was my first time seeing “Confession for Money.”

The story opens with the fictional lawyer A. W. Parker (played by I. [Isaac, “Ike”] Stanford Jolley) visiting his jailed client Tom Tracey.  We quickly learn that the Cisco Kid and his sidekick Pancho Gonzales were witnesses to Tracey killing a popular banker and were due in town that morning to identify Tracy for the Sheriff.

Here’s an outline of the Cisco Kid‘s lawyer-gone-bad tale:

  • Lawyer Parker suggests to Tracey that they break him out of the jail and then split the $75,000 take from the bank robbery
  • Tracey says they don’t have time, with Cisco arriving soon, and that they instead need to kill the witnesses before they identify him.  Parker quickly accedes to his client’s idea, and sends two bad guys with rifles to ambush and kill Cisco and Pancho.
  • When the bad guys flub the ambush, Lawyer Parker is mighty irked.
  • Parker then draws up a false confession for a young man who is desperate to get $5000 for an operation for his sick mother (one more skewed decision due to the lack of universal health care coverage).  Parker tells the kid they’ll spring him from jail before trial. The Sheriff lets Tracey go and jails the kid, once he sees the confession.
  • To make sure the youthful confessor doesn’t change his mind, Tracey has his gang whip up a lynch mob, but Cisco and Pancho sneak him out of the jail.
  • Parker joins the lynching posse that chases Cisco and the misguided youth, and they end up in the usual shootout behind really big rocks.
  • The Sheriff arrives and tells the mob to put down their guns.  Parker jumps on his horse and heads back to get his papers and split town.  Cisco follows and catches Parker in the getaway cabin, but Tracey arrives and Parker takes away Cisco’s gun, handing it to his client. And, then . . . (see below for the exciting conclusion).

If the ugly allegations against the well-known NYC criminal defense lawyer Bob Simels turn out to be true, life as he has known it will change drastically. Scott at Simple Justice tells us:

“Though a bit on the arrogant side (and who isn’t in this business) and not exactly a warm and fuzzy guy, he’s smart and well-respected.”

Sixty-one-year-old Bob Simels appears to be the sort of Baby Boomer who would have grown up watching The Cisco Kid. Had Simels recalled the “Confession for Money” episode, he might have just said “no” to the whole idea of turning outlaw with his clients.  You see:

Lawyer A. W. Parker had planned to split the loot and split the territory with killer Tom Tracey.  But, before Cisco could subdue the two of them, Tracey holds up his money satchel and tells his  lawyer, “I was gonna take you with me, Parker, but I just couldn’t find room for you in my bag.” He then shoots Parker dead.  Of course, Cisco wins the ensuing fistfight with Tracey and brings him back to town to face trial on two counts of murder.

— By the way, there was a real-life 19th Century New York lawyer who went by the name A. W. Parker.  Thanks to the Google digitalization project, I found him representing the appellant in the case of Benner v. Atlantic Dredging Co. (NY Ct. of Appeals, 1892).  The real Lawyer Parker apparently did negligence defense work.  He helped his client reverse a judgment against it for damage that occured to a house that was near a site where the dredging firm was blasting rocks in a harbor for the Army Corps of Engineers.

The Simels Law Firm website is no longer accessible.  According to Propaganda Press, however, the Welcome Page at the Robert Simels firm contains this perhaps ironic paragraph (emphasis added):

“I have handled many high-profile cases, with an outstanding success rate across a broad range of issues. The key to our many acquittals in criminal cases and multimillion dollar verdicts for our clients is preparation and complete participation by our clients which result in highly effective and compelling cases in the courtroom.”

You can find much more about Robert Simels and his career, in this Sept. 11 article from his hometown newspaper, the Lewisboro Ledger.  As you surely know by now, the f/k/a Gang doesn’t go for cheap, obvious jokes.  But, we’re really surprised that other, less classy weblogs, haven’t pointed out the town where he resides —  Waccabuc, which is a hamlet in Lewisboro, Westchester County, New York.  Fortunately, neither Cisco and Pancho, nor most lawyers I’ve known, would whack a witness for a buck, or a laugh.

p.s. I think even our toughest critics will agree that this lengthy, time-consuming detour into Witness Elimination Lore was a highly successful piece of Procrastination Punditry.  It certainly has left us with no energy nor inclination to write any serious commentary this evening.  In honor of the many hours I will surely devote to watching the Cisco and Pancho in days to come, I inaugurated a new posting category today called “Procrastination Punditry.”  We’ll be using it whenever there is virtually no excuse for a post other than our avoiding doing something more pressing and important.

high noon
the boys refill
their water pistols

……………………… by Tom Painting – July Selection, Snapshot Press 2005 Haiku Calendar

morning shadows—
the gunslingers wait
for high noon

…….. by David Giacalone, Legal Studies Forum (Vol. XXXII, No. 1. 2008). Click for the original haiga (photo with poem) at HaigaOnline, Issue 7-2 (Autumn-Winter 2006), photo by Arthur Giacalone, JD.

summer ’08 exits with class

Filed under: haijin-haikai news,Haiku or Senryu,Schenectady Synecdoche — David Giacalone @ 8:38 am

. . Yesterday’s weather here in Upstate New York was beyond picture perfect — pleasing all of our senses — and beyond my ability to capture adequately in words.  Hoping to savor every moment of the gorgeous day, the f/k/a Gang spent the last Saturday evening of Summer 2008 sitting on a brand new bench on the banks of the Mohawk River here in Schenectady’s Stockade neighborhood.   My haijin friends couldn’t join me in Riverside Park last night, for the summer’s penultimate sunset, but here are a few of their poems of the season, with images I snapped on September 20, 2008 between 7 and 8 P.M. (click on the images to enlarge).

end of summer–
mountain wildflower
pressed in her diary

…………… by Randy Brooks from School’s Out

cut grass
i sweep away
summer’s end
… by Roberta Beary – The Heron’s Nest (Sept. 2005)

summer’s end
riding a borrowed bicycle
past the graveyard

…….…… paul m – finding the way: haiku and field notes (2002)

. .  . .

summer’s end
waves disappear
beneath the pier

…. by paul m.Crinkled Sunshine, HSA Members’ Anthology (2000)

the home team
math’matically eliminated…
autumn equinox

…… by ed markowski

end of summer
the rain arrives
without thunder

end of summer
the warmth
of a borrowed shirt

……………. . by John StevensonUpstate Dim Sum (2003/I)

summer’s last sunset —
baked apple
for dessert

… by dagosan

every mannequin
wearing green flannel…
autumn equinox

…. by ed markowski

. . . .

a wasp nest
out of reach of the hose
autumn begins

. . . by paul m. – The Heron’s Nest (VIII: 3, Sept. 2006)

autumn equinox –
awaking to
summer’s last cricket

… by dagosanNisqually Delta Review

autumn begins–
lying down, looking at
snowy mountains

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

…. by Matt Morden — Morden Haiku (Sept. 19, 2008)

the slow creak
of the porch swing
late summer dusk

at dusk   summer ends  on the pier

… by w.f. owen –(haiku notebook, Lulu.com, 2007)

A year ago today, we had the honor to reproduce and present here at f/k/a the entire contents of the haiku and tanka chapbook “the hands of women” by Pamela Miller Ness. The loving commemoration of the “needlewomen” in Pamela’s life is a lovely reminder of the changes and constants in the cycles and seasons of our lives.  Here are three of the ten poems you will find in the hands of women:

hurricane over
the click click click
of knitting needles

the wee hours 
weaving loose ends
into my knitting

vigil
she knits a scarf
the color of sky

… by Pamela Miller NessThe Hands of Women
(Lily Pond Press/Swamp Press, August 2007)

Finally, Marcel Marceau’s death as autumn arrived last year inspired this poem by dagosan:

autumn equinox
not even the mime
can balance the egg

……………. by dagosan [In mem., Marcel Marceau, Sept. 23, 2007]

September 19, 2008

new chief and same old politics in Schenectady

Filed under: Haiku or Senryu,Schenectady Synecdoche — David Giacalone @ 6:28 pm

New Police Chief in Schenectady:   Yesterday, fifty-six years after his father Arthur Chaires became Schenectady’s first black police officer, Mark R. Chaires was sworn in as the City’s first African-American police chief.  See “Son of police pioneer makes history of his own” (Albany Times Union, Sept. 18, 2008); “Chaires begins job as Schenectady police chief” (Schenectady Daily Gazette, September 19, 2008); “Schenectady names Chaires first African-American police chief” (FoxNews23, Sept. 18, 2008).

A Schenectady native, Chief Chaires is 52 years old and has worked his way up the ranks in his 19 years in SPD.  He is taking over the helm of a Department that employs 165 officers, and has more than its share of controversy, scandal and morale problems.  (See, e.g., our post on Sept. 6th, and recent coverage of SPD’s dismal arrest statistics as compared to both national averages and our comparable neighbor, Troy, NY.)  Growing up with the example of a father who “never missed a day of work during his 27-year career” and who surely experienced — from the public and within the department — the racial prejudice that is rampant in blue-collar Upstate cities, Chief Chaires brings important personal and professional experience to the job.  That experience includes eight years in the Air Force.

Those who know him speak often of his integrity, and I’m impressed with the new Chief’s thoughtful remarks yesterday — focusing more on the need to get to work to achieve on-the-job excellence within the Department (improving “customer service”) and to earn the public’s trust, than on the historical importance of his appointment.  I’m also pleased to know that he had oversight of the SPD internal affairs office, which chose to refer the 2007 excessive force complaints of Donald Randolph (see our prior post) to the district attorney, rather than keeping the investigation in-house.

Chief Mark Chaires deserves the support of rank and file officers, of our poliical leaders and of the public as he tries to restore the performance and reputation of his Department, and to prove that Schenectady does indeed “have the makings of an outstanding police department.”  As a Gazette editorial noted today, the Chief’s job is a bit symbolic, since the City created the post of Public Safety Commissioner last year, and Chaires therefore reports to Commissioner Wayne Bennett (who is in the background in the photo at the head of this posting).  But, the position comes with plenty of responsibility and calls for skillful balancing among all the interests that need to work together to create the kind of Police Department that allows good cops to flourish and the public to trust and respect our police force.

The Gazette is correct that, with a population that is 15% black, Chaires’s promotion “is a significant step for a city, and a department, that has had relatively few minority employees and almost no minority managers.” “Editorial: Good choice for symbolic appointment” (Daily Gazette, September 19, 2008).  If Chief Chaires can gain the trust of Schenectady’s black community, we may indeed find arrest rates climbing and claims of excessive force and institutional neglect greatly reduced.

A final thought on the Schenectady Police Department: Recent online Comments at the Gazette website regarding editorials and articles about SPD show that far too many Schenectadians (especially police officers and their families, I presume) equate support for our police with silence over their flaws and failings and those of the Department. (see here and there, for example) I hope Chief Chaires can help demonstrate that honesty about past and ongoing problems, and the need for procedural and supervisory improvements, can help to rally support — internally, within City government, among the public — to find and implement solutions.  We all want our good cops to thrive within an effective and respected police department.

the dragnet of nightingales
closes in…
police station

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

.. Silly Donkey Club (Schenectady Chapter):  We’ve never been shy here at f/k/a about noting our disappointment with the Schenectady County Democratic Committee (e.g., here and there).  Today’s newspaper brought one more reason for registered Democrats in Schenectady County to blush with embarrassment over the crassness and political ineptness of our so-called party leaders. The Gazette article “Fair campaign group seeks more pledges” (Sept. 19, 2008) describes efforts by the group Fair Campaign Practices for the Capital Region, Inc to get county parties chairs across the Region — and not merely individual candidates — to sign the group’s Fair Campaign Pledge.  FCP is sponsored by the League of Women Voters of Albany, Rensselaer, Saratoga, and Schenectady Counties and the Interfaith Alliance of New York State, Capital Region.

Seven years ago, FCP established procedures to accept candidates’ charges of unfair campaign practices within the Capital District, hold hearings and issue decisions regarding the charges, and their efforts have been welcomed by the voting public.

See their “tips for Candidates” and list of “2008 Pledge Signers” , as well as their Candidate Manual (.PDF), and Decisions from prior years.

This sounds rather non-controversial, and the Gazette article tells us that party chairs around the region have signed the FCP pledge — except for Brian Quail, chair of the Schenectady County Democratic Committee. According to the Gazette:

. . QUAIL OPTS OUT

At least one party leader said he will not sign the pledge. “There are several reasons why I won’t sign it,” said Brian Quail, chairman of the Schenectady County Democratic Committee.

“You should not sign a piece of paper to promise to do good and decent things when you should always be doing good and decent things,” he said.

The second reason, he said, is that Fair Campaign Practices for the Capital Region lacks credibility. “They use totally subjective standards and they apply their standards to other people’s conduct,” Quail said. “They don’t matter. Who matters are the voters.”

I’m sorry, Chairman Quail, but voters really do want to know what an objective source like FCP has to say about the claims and accusations made in campaign materials, and about the charges hurled by political candidates and their election managers and parties.  The voters need to hear from balanced sources.  Your failure to sign the pledge makes us all wonder just what you have to hide and what FCP decisions you are hoping to avoid.

Here’s what Fair Campaign Practices says about its structure and procedures:

“A pool of 32 respected individuals from the four county region is selected to hear complaints. These community representatives serve on Hearing Panels that determine the validity of complaints. In order to ensure a balanced, fair process for all sides, the local chairs of all the recognized political parties, or their designees, automatically become ex officio members of the FCP Hearing Panel and attend hearings.

“After a hearing is held and a decision is made by the hearing panel, the decision is made known to the candidates involved and to the media so that the media can inform the voting public.”

I’m really tired of the leaders of the Schenectady County Democratic Party acting as if the rest of us are morons who will simply take them at their word and nod agreement to their nonsense.  Quail, Savage, et al. continue to make the Party look bad with their high-handed, irrational positions and policies.  They keep presenting a very big target for anyone wanting to pin the tail on the Democratic Donkey.

update (September 20, 2008): Today’s Gazette editorial is titled “Party Chairmen should embrace fair campaigns.” Here are excerpts worth repeating:

  • “But the process is elaborate, it seems meticulously fair, and, slowly but surely, it has been gaining acceptance with candidates and voters. Now the League wants the region’s political party chairs to join in — a logical step, since chairmen often set the tone for campaigns and are behind much of the advertising.”
  • “Unfortunately, as a story in Friday’s Gazette indicated, only a few have done so thus far, and one — Schenectady County Democratic Chairman Brian Quail — even denounced the idea as unnecessary and lacking credibility. His scorn for the system might have something to do with the fact that his party was flagged for violating fair campaign practices during the last election cycle.”
  • “. . . [T]he more candidates and committee chairs who sign onto the concept of fair campaigns, the more likely they’ll adhere to the principles. That can’t help but make for fairer campaigns, a better-informed electorate and better government.”

playing dead
on the horse’s tail
a meadow horsefly

catching the kite’s tail
with his mouth…
gargoyle

even the old cow
has a fly-whisking
tail

at the tail end
of the cloudburst crowing…
rooftop rooster

sporting with
the big cat’s tail…
a little butterfly

chasing the kite’s tail
’round and ’round…
puppy

its tail points
to the rising moon…
pheasant

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

Sun-scorched slope–
an old donkey rubs his rump
against a mud-crusted post

Approaching storm…
a black colt in the meadow
snorts against the wind

late fall–
my echo calling
the dog

……………………… by Rebecca LillyShadwell Hills (Birch Prees Press, 2002); “afternoon warmth” & “late fall” – The Heron’s Nest V:2

September 18, 2008

laws we need because people are way too – um – human

Filed under: Haiku or Senryu,Schenectady Synecdoche — David Giacalone @ 5:36 pm

If you still believe that capitalist markets regulate themselves and that political ads are always fair and truthful, or that government is always the problem and never the solution, you might not agree with the f/k/a Gang today.  Seems to us, after more than a few decades of reflection, that sometimes (indeed, far too often) we need to legislate common sense and basic consideration for the safety and comfort of others.  To wit:

thumbthing in the way she moves — banning texting while driving:  Down south from us, the Westchester County legislature did a smart thing last week.  It passed a law banning Texting While Driving. See “Legislators Vote to Ban Texting While Driving(New York Times, Sept. 16, 2008); “Board Approves Ban On Texting While Driving” (Westchester.com, Sept. 10, 2008).  It’s a very good trend, and I hope New York State will join Alaska, Minnesota, New Jersey and Washington and impose a state-wide ban soon.

Usually, Prof. Yabut would pipe up about now and say something like: Oh sure, the pols can screw up the courage to ban a dangerous activity performed almost exclusively by those under 30 years old, but they’re too cowardly or hypocritical to pass meaningful bans on the far-more prevalent phoning while driving. [see, e.g., our prior post “California’s phony car-phone safety law“].  He has a point, of course, but today I’d rather focus on the positive.

The editorial page of the Schenectady Gazette got the tone and analysis right a couple days ago in a piece titled “Editorial: Textbook case of a law that shouldn’t be necessary, but is” (September 15, 2008):

. . ” It is unquestionably a commentary on how high our society has risen technologically — and how far we’ve fallen in terms of common sense and consideration of others — that laws banning text-messaging on a cellphone while driving a car are becoming more and more commonplace.

“Indeed, such laws seem necessary because no matter how obviously dangerous — how stupid! — it may be to take one’s eyes off the road to focus on a miniature computer screen while operating a ton-plus vehicle; then to take one’s hands off the wheel to key in a response, motorists persist in doing so. And when they do, they not only endanger their lives and the lives of anyone traveling with them, but anyone who might be sharing the road with them.”

The Gazette‘s Editor was also spot on with the conclusion: “And [the TWD law] should be enforced more rigorously than the oft-ignored handheld cellphone ban. Perhaps if police had done a better job with that one, motorists wouldn’t be so brazen about engaging in far-more-distracting text messaging.”  ‘Nuff said.

writing with a finger
in the clear blue sky…
“autumn dusk”

the cats are courting
bumping
heads

going nuts in hailstones
crashing down…
a fox

the old hand
swats a fly
already gone

now I watch
with careful attention…
autumn dusk

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

..  pet peeves – leash law scofflaws:  … An article two days ago in the Gazette reminded me of another of my pet peeves: People who are too self-important (or too sensitive to the feelings of their canine companions) to comply with leash laws in our parks and streets.  In “Town tightens leash laws: Dogs can run loose in only two designated parks” (Daily Gazette, September 16, 2008), we learn that the Town of Clifton Park, NY, passed a combination leash and dog-park-permit law “after months of discussions between board members, dog owners wanting the option to walk their pets off- and on-leash, and people wishing to use town land without being approached by dogs.”   In fact,

“In return for designating Kinns Road Park as an official leash-free zone, the board is tightening laws in all other parts of town, mandating dogs remain on leash at all times in neighborhood parks, playgrounds and other public places. While the former town law required that dogs remain ‘under the immediate supervision and control’ of their owners, the new law goes further, stating that dogs must be ‘under direct leash control’.”

One Clifton Park dog owner supports the new law, but correctly noted that she wants the leash law enforced, so that the money she pays for a permit to use the dog park doesn’t just become another tax with little real benefits.    Real enforcement — and, better yet, real compliance — is indeed an important aspect of a leash law.  We have one here in Schenectady, but I regularly see scofflaws at the small Riverside Park at the end of my block, along the Mohawk River.

Far too many dog-walkers act as if Schenectady merely requires their pets to be “under their immediate supervision and control” in public — and they very often fail to keep them under control.  Over and over, dogs off their leashes scare the elderly and the very young in Riverside Park, and terrorize other dogs and their owners, too.   When asked why they are merely carrying an unattached leash, the scofflaws are uniformly gruff and defensive, or simply indifferent and self-righteous.   I found this nifty quote from the California Court of Appeals at the Dog Law website:

Whatever may be said about the affection which mankind has for a faithful companion, modern city conditions no longer permit dogs to run at large.”

Dog Law is presented by Nolo, Justia, and Little Sheeba the Hug Pug, with lots of materials put together by Nolo’s Mary Randolph, the author of the book “Every Dog’s Legal Guide: A Must-Have Book for Your Owner.” The website has information on many relevant topics, from Leash and Pooper Scooper Laws, to dangerous and barking dogs, traveling with dogs, and much more.  On the topic of Leash Laws, it tell us:

“Long gone from most of America are the days when you could answer a longing whine from your dog by opening the back door and letting it roam the neighborhood at will. . .

” ‘Leash laws’ generally require dogs to be on a leash and under control whenever they’re off their owners’ property, unless a specific area is designated for unleashed dogs. Some laws apply only at night (when dogs may form packs and do the most damage to livestock) or allow an owner to have a dog unleashed if it is under “reasonable control.” Even dog owners who let their dogs off a leash only because they’re confident they have complete control over them are probably in violation of a leash law.

“The intensity of enforcement, however, varies from city to city and neighborhood to neighborhood. In many places, an owner is unlikely to be cited if the dog really is under voice control and not bothering anyone, even if in technical violation of a leash law. But in some cities, police enforce leash laws strictly, especially if they have received complaints about unleashed dogs in a certain area. . . .”

.. .. Around here, we like to say: “Behind every annoying dog or child there’s an annoying adult.”  And, since it’s dinner time, it’s about time to say: ‘Nuff said.  So, let’s let dog-lover Issa take us home.

peach blossoms–
riding a dog
the naughty boy

suddenly
the dog stops barking…
lotus blossoms!

under dewy umbrella-hat
nodding off…
the dog barks!

the backstreet
is the dog’s toilet
first snowfall

all stretched out 
the dog naps
in the lilies

runaway kite!
the dog also eyes it
restlessly

playing with
the rambunctious dog…
little butterfly

the dog comes out
and calls them too…
fireflies

the dog chewing
the shuttlecock
comes running along

an east wind blows–
the dog lays his chin
on the bank

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

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.

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