You are viewing a read-only archive of the Blogs.Harvard network. Learn more.

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

November 9, 2005

bending the facts to get to the truth

Filed under: pre-06-2006 — David Giacalone @ 5:16 pm


The new edition of Frogpond — the journal of the Haiku Society of

America — has a number of haiku by Carolyn Hall, some of which

are included in an Essay entitled “To Tell the Truth,” in which

Carolyn discusses whether a haiku must always tell exactly —

literally — what happened (Frogpond XXVIII: 3, at 57).  She says:


“I believe the purpose of haiku is to touch us at the

core.  We write haiku to record our experience. We

put our haiku out into the world in hopes of sharing

our emotional response with others.  And sometimes

that requires fictionalizing the haiku just enough to

stay true to the moment but also to communicate

to our audience the full impact that experience had

on us.”

Carolyn then gives several examples of situations where a  fishing pole

little bending of the facts helped her better recreate her

emotional response to a situation.   She concludes:


“A truthful observation in seventeen syllables or

less does not (necessarily) a haiku make. 

Sometimes it is necessary to distance oneself

physically, emotionally or temporally from the

‘facts’ in order to enable an audience to share

in your emotional experience.  In short, truth

in haiku sometimes requires bending the truth.

Ever so slightly.”

Here are four of Carolyn’s instructive haiku:

 

 


endless drizzle

the hairdresser shows me

the back

 

 

 

 

                                      umbrella vert

 

 





baiting one fish

with another

autumn dawn

 

 

 

 

 

 

 

war news

the underbelly of a moth

pressed to my window

 

 

 

 

 

 

 

 

 

 

cloudless sky

the baaing

of penned sheep

 


“endless drizzle” – Frogpond XXVIII: 3

“baiting one fish” –  The Heron’s Nest (IV:11); Frogpond XXVIII:3

cloudless sky” – The Heron’s Nest VI: 7; Frogpond XXVIII: 3

war news” – The Heron’s Nest (V:11); Frogpond XXVIII:3

 

 

p.s. To lawyers and law students:  Carolyn’s lesson holds true

in the practice of haiku, not in the practice of law.

 

potluck


 spotlight Our buddy Prof. Steve Bainbridge seems to be sorely missing

the adrenaline rush of being a Public Intellectual, now that the Harriet Miers

spotlight has been extinguished.   If we were the praying type, we’d be

asking St. Jude to find him a new cause celebre

 

 

 

 









“you look so good” 

on their counter, too,

Metamucil

 

 

 

 



nearly-full moon

the walk to the market 

got a lot steeper

 


 

[Nov. 9, 2005]


                                                                                                                  froglegs

 

competitive, efficient, consumer-driven

Filed under: pre-06-2006 — David Giacalone @ 1:33 pm

The Washington Post‘s Steven Pearlstein has an interesting column, today,

on the changes that technology has forced on the entertainment business,

by giving consumers more choices and control over what they see and when

they see it.  Prime Time Gets Redefined,” (Nov. 9, 2005)  The industry has

told us for decades that it prospered only when it gave consumers what

they wanted.  But, Pearlstein argues that video-on-demand has shown us

“what a big lie it was.”  He notes:


“Thanks to TiVo and other Internet-based technologies, people

not only can watch what they want when they want to watch it,

but they can also do so without having to watch commercials.

Suddenly, the whole concept of a prime-time lineup has been

tossed out the window, along with an economic model that’s

been around since Geritol decided to sponsor the Ted Mack

amateur hour.”

 

                                                                                    movie film sm

The column tells how the economics of the industry will change. “Much less

of what we think of as television will be paid for by advertisers, and more by

viewers.”  Networks will lose market share and power.  Hollywood studios

will become “indifferent about how you choose to get a movie.”  Price will

depend on the timing of your selection, the popularity of the movie, and medium

chosen.  The studios “that do best will be those that make, or buy, a wider

 range of well-done movies for a variety of niche audiences reached through

targeted marketing and distribution channels.”

 

Pearlstein concludes:  “There are many ways to describe this new entertainment

industry. The ones I like are competitive, efficient and consumer-driven.”








mid-argument
the touch of a child’s hair
soft from rain


Matt Morden  Morden Haiku (Nov. 9, 2005)


 

After spending yesterday among scores of antitrust-minded lawyers and

economists (looking at the real estate brokerage business), Pearlstein’s column

is another strong wake-up call for me — a reminder that I’ve been ignoring my

competition-consumer advocate alter ego  and need to re-connect again here 

on this weblog.

 

As our original About page stated, when ethicalEsq was launched here in   “oilcanHFs”

May 2003, the dozen years that I spent immersed in antitrust law and competition

policy at the Federal Trade Commission left me with two beliefs:


tiny check First, professional organizations, and the ethical codes they write

and purport to enforce, often needlessly stifle competition under the guise of

protecting clients. And,

 

tiny check Second, as with any other product or services, the consumers of law-

related services are best served when there is healthy competition among

providers, a broad array of options and prices, and sufficient information to

permit intelligent choices. There needs to be a very good reason for depriving

law clients the benefits of competition, and increasing the wealth of lawyers

doesn’t quite make the grade.

Furthermore, the next decade practicing “main street law” left me with the “lasting

impression that the average consumer of legal services is often both shortchanged

and overbilled — with too little respect, information and choice offered by the legal

profession, and too little protection from those running the disciplinary systems that

oversee lawyers.”[For more on my attitude toward antitrust law and competition policy

as tools for consumer sovereignty and consumer protection, see our prior posts: 

Happy Birthday Sherman Act,” and “The Link Between Antitrust, Monopolization and

Our Microsoft Security Woes.”] 




mid-argument–
a bumblebee
stumbles in clover



   Matt Morden – The Heron’s Nest (Oct. 2001)


 

“oilcanHNs”  In 2003, I declared that July 2, the “birthday” of the Sherman Act (1890) can be seen

as Consumer Independence Day — offering American consumers freedom from monop-

olist and cartel activities that would raise prices and limit choices, even those done from

a sense of paternalism or noblesse oblige.  Like all rights, of course, they need to be

vigorously guarded and asserted in order to survive and serve their purpose. 

 

From now on, the f/k/a gang, is going to do more guarding and asserting of the consumer’s

right to competition, technological innovation and efficiency, and the information needed to

make informed choices — the right, that is, to a consumer-driven marketplace.  Lawyers

and members of other professions and pseudo-professions, who couch their restrictions

on competition in terms of consumer protection will receive special attention, of course.

 

 









at the height

of the argument   the old couple

pour each other tea

 

 


Almost Unseen (Brooks Books, 2000) 

 

mid-argument

the senior partner

has a senior minute

 

 

 

 




mid-argument –

opposing counsel crosses

her legs

 

   dagosan [Nov. 9, 2005]

 

                                                                                                              from D.C. subwayG

 








                                         

November 8, 2005

brokers, commissions, renovations

Filed under: pre-06-2006 — David Giacalone @ 8:04 pm

After a day-long symposium on competition among real estate brokers

(or the lack thereof), sponsored by the American Antitrust Institute, I

want to:

 

(1) remind you once again that realtors and legislators are working to

put anticompetitive laws on the books that will stifle innovators and

price compeition in the real estate brokers’ market (see our prior post 


19, 2005; post-gazette.com, “Realtor commissions face new pressures,

May 10, 2005) — so let your elective leaders know you object.

 

(2) point to the recent column by WSJ‘s Alan Murray, “Realtors Fiddle as  “soldSign”

Real Estate Burns Ever Hotter,” Sept. 29, 2005), where Murray notes that

commission rates stay stuck around 6% despite soaring house prices

and great technological changes that make it much easiier for consumers

to get housing information and agents to do their jobs.  He is inclined to agree:


“with Eric Danziger, chief executive of Internet home seller ZipRealty Inc.

We have an industry that truly has not changed since Dwight Eisenhower

was President,’ he says. ‘That’s principally because people in the industry

don’t want it to’.”

Murray thinks commissions should go down and the numbers of agents should be

reduced, as has happened with stock brokers and travel agents.   He was the Luncheon

Speaker at today AAI symposium, and I enjoyed the excerpts he read from email

responses to this column.  Not surprisingly, real estate agents disagreed and felt

that journalists are the ones who are overpaid middlemen. 

 

wrong way smN It seems to your humble editor that, as with p/i lawyers and their sticky fee levels,

there are too many agents overcompeting to attract customers rather than competing

on price, because they are looking for the big lottery jackpot that goes with selling

a high-end house.   One speaker today, Larry White of NYU’s Stern School, said

there are almost 2 million active real estate agents – 1% of the American work force!

 

and (3) present some haiku, which you all deserve; today, from Alice Frampton:

 

 

 



the warmth of his pocket 

evening shadows

 

 

 

                        RENOVATIONS

 

I WORK so he can work.  He buys tools and lumber so they

can work.  They buy groceries so she can work.  She takes her

children to daycare so I can work.

 




renovations …

from under the old tub

a child’s marble 

 

 

butterflyN

 

 

 

insomnia
the break-up
moth by moth

 


“the warmth” & RENOVATIONS (haibun) – Frogpond XXVIII (2005)

“insomnia” – The Heron’s Nest (Nov. 2003)

 

 

 



 









autumn highway —

distracted by

past-peak beauty

 

 






back in town —

three wrong turns

in a row

[Nov. 8, 2005]

                                                                                                                                                                        wrong way smN

November 7, 2005

once-familiar routes

Filed under: pre-06-2006 — David Giacalone @ 9:59 am

While I’m traveling to my former “hometown” of Washington, D.C. (for

a little competition advocacy and a lot of visiting with old friends),

check out more Bainbridge on the obligations of Catholic judges,

and enjoy the haiku of Andrew Riutta:

 

 


 



apple wine



his story better



the second time


 


 


 


 


 








midday heat



the carpenter’s tool belt


full of plums


 


 


 


 


half moon


 


 


 


 

distant foghorn—
a perfect stone
skips forever 

 

 

 

 

 

 

 

 

 







half moon—
between two crickets
a year has passed
“distant foghorn” –

 

 


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

“distant foghorn” – Haiku Harvest (Vol. 5:1, Fall/Winter 2005)

half moon” – Simply Haiku (Summer 2005, vol. 3:2)

 










mapping

a once-familiar route —

they’ve never seen my baldspot 




                  [Nov. 7, 2005]  

 

                                                                            gas pump g

 

 

November 6, 2005

what the fawkes?

Filed under: pre-06-2006 — David Giacalone @ 7:24 pm

Guy Fawkes Night was the subject of a haiku posted yesterday by






guy fawkes night
a catherine wheel’s
stop-start spin

 

As often happens with poetry by the lad from Wales, at his   “fireworksSM”

Morden Haiku weblog, I had to do some quick cross-cultural research

to fully appreciate the poem.  That led me to a short history course

on Guy Fawkes and his Gunpower Plot.  Although Prof. B. won’t like

the source (the Penumbra website), here’s a short explanation:


“Guy Fawkes Night is celebrated in Britain annually on

November 5th. The event is accompanied by firework displays,

the lighting of bonfires and the ceremonial effigy-burning of one

Guy Fawkes. The origin of this celebration stems from events

which took place in 1605 and was a conspiracy known as “The

Gunpowder Plot,” intended to take place on November 5th of

that year (the day set for the opening of Parliament). The object

of The Gunpowder Plot was to blow up English Parliament along

with the ruling monarch, King James I. It was hoped that such a

disaster would initiate a great uprising of English Catholics, who

were distressed by the increased severity of penal laws against

the practice of their religion.”

According to Wikipedia, Guy Fawkes Night, which is also called Bonfire Night

(and even Pope Night), now has little political or sectarian significance (except

in Lewes — does anyone know why?).   It has become the primary night for

fireworks in much of Great Britain (and the Empire).  The year 2005 was, of course,

time for special festivities, as it’s the 400th Anniversary of the Gunpowder Plot. 

 

fireworksSmN  This got me wondering whether my Catholic weblogging friends and

colleagues — like Prof. Bainbridge, the folks at Mirror of Justice, and the RiskProf

Martin Grace observed Guy Fawkes Night?   America’s Catholics may be about 

to outdo their British cousins, with Sam Alito poised to created a majority of

Catholics on our Supreme Court.  So, did Prof. B. plan his own Gunpowder Plot,

or at least set off some firecrackers?  Did Randy Barnett cook up some bonfire toffee

 








Guy Fawkes Night —
treacle better taste better

than it sounds

 

              dagosan    [Nov. 6, 2005]

 

Before he got into the Guy Fawkes Punch, I bet the RiskProf took note that

Guy Fawkes Night gives rise to a remarkable number of insurance claims,

due to firework damage to homes and cars, personal injuries, and emotional 


The Scotsman, Nov. 5, 2005; radionz., “Busy . . night for emergency services,”

Nov. 6, 2005.)   Fireworks and rum punch apparently don’t mix very well.

 

I’ll be travelling tomorrow to the DC area.  Perhaps, visitors will tell me more

Guy Fawkes lore in the Comments.   Meanwhile, go here to find samples of

Guy Fawkes chants and ditties.   And, enjoy two more haiku from

Matt.

 




fawkesG   orig.

 

 

mid-life crisis
raking up leaves
in the wind





 

 

 

 



autumn dusk
following a poet’s car
to the rainbow’s end 

 


from Haiku Canada Newsletter –  Vol XVIII Feb 2005 No.1

 

     

                                                                                                                    fireworksSmN

 

potluck treacle


tiny check Speaking of Randy Garnett and Steve Bainbridge, they are both insisting that

a Catholic Supreme Court justice will not have to vote against abortion and

euthanasia (and maybe gay rights and the death penalty), to stay in good stead

with the Church.   The distinction that they make between legislating and acting

as a judge is nowhere made in Church doctrine.  (see Andrew Sullivan’s take)

As I have explained elsewhere,



fireworksSm

 

Morally, then, a Supreme Court justice seems to have the same obligations

as a legislative “lawmaker” when voting on current Non-Negotiable matters 

(and any others as they are declared by the Church).  When dealing with

“intrinsically unjust” laws that permit or promote conduct the Church considers 

as always evil, a Supreme Court justice who wants to comply with teachings

 in the Doctrinal Note on Political Participation seems to have no choice but

to avoid “voting for,” “obeying,” or otherwise cooperating with such a law.  To

do so would be a grave sin.  Likewise, when presented with a law or decision

that cuts back on such evils, the justice — like the legislator — would be expected

to support the new limitations. 

The Church says the greater your ability to affect evil, the greater your responsibility

to act against it.   Why else have so many conservative Catholics voiced such dismay 

that current members of the Court, who claim to be Catholic, have continued to support 

Roe v. Wade?   I wish we could get an Advisory Opinion from the Vatican.  There’s one

thing for sure: The Vatican does have the power to declare that a judge must act to defeat

“intrinsically evil” laws when given the opportunity.  Perhaps, its waiting for that Catholic

majority on the Supreme Court before making that responsibility clear. 

 

update: Steve Bainbridge has another post on this topic, and I left a Comment for him.

 

                                                                                                                                                                        leaves flying

 




 

November 5, 2005

tasks unfinished

Filed under: pre-06-2006 — David Giacalone @ 7:05 pm

Frogpond (the Journal of the Haiku Society of America) is only

published three times a year, so it’s always a treat to find a

new edition in my mailbox, as I did today.  The first thing I do

(after checking to see what my own haiku looks like in print)

is skim the Index of Contributors, to see where to find new  

work by f/k/a‘s Guest Poets.   There are quite a few gems,

which I’ll be sharing with you over the next week, plus haiku

and related forms of poetry by dozens of other haijin. 

 

fpLogo   Barry George has two senryu in the new frogpond.

I’m going to save one of them until winter, but this one seems

like a very good way cap the haiku baseball season:

 

 

 







pop fly

going foul . . .

the catcher’s bald spot

 

 







 




subwayN    


 

 

 

 





el tunnel—
the cloud of light before
a train appears



 

 

 

 

 

 

 







after hours gym—
a heavy bag sways slowly
in the window


 

 

“BoxerSignN” Barry George 

“el tunnel” & “after hours” – Haiku Harvest (Jan-Feb 2003)

 “pop fly” – Frogpond XXVIII:3

 



 


 







  • by dagosan                                               








same moon

same clock tower –

“wow”

 


                     [Nov. 5, 2005]

potluck


Jeremy Richey has reprinted three paragraphs he believes

every American should read at least once every year.  Wise,

moving words, about our Nation’s “unfinished task.”

 

                                                                                                                                     MoonWaxCres

 

November 4, 2005

energy shortage (mine)

Filed under: pre-06-2006 — David Giacalone @ 7:15 pm

If I had even a little bit of energy today, I’d write about:

 


BeliefNet.  Prof. B. says that Pres. Kennedy and Justice Roberts

are wrong about Catholicism and the public office-holder.  Instead,

“where a Catholic judge believes his participation in a particular case

would constitute formal cooperation with evil, the judge should recuse

himself–as often happens.” 

 

I continue to believe (as discussed here), that a Catholic judge may  crusade ship

be required to go further, and take action when faced with a case

involving a law deemed intrinsically evil by the Church — in order to

stay true to the Church’s teachings.  Supreme Court justices have

far more direct power (and thus responsibility) than does any single

voter. (but see, Doug Kmiec’s view)

 

 

tiny check  “An Evaluation of Federal Tax Policy Based on Judeo-Christian

Ethics,” by Susam Pace Hamill,  Virginia Tax Review, Vol. 25, Winter

2006) (available at SSRN), in which Prof. Hamill, of Univ. of Alabama

Law School, “severely criticizes the Bush Administration’s tax policies

under the moral principles of Judeo-Christian ethics.” (via Mirror of Justice)

The synopsis suggests a rather preachy tone, but the conclusions do

resonate with me.

 


leaves flying  Needing to recharge my batteries, I shall instead

share some haiku with you from Michael Dylan Welch:

 

 


broken to the heartwood—
an old meadow elm
after thunder

 






first on the trail—
the pull of a spider’s strand
across my face

 

 

 

lightning

 




a switch-back
in the trail—
I glance at her face

 

 

 

 

 


stones on the trail . . .
a downy feather
wafts in the breeze

 

 


from Thornewood Poems at Captain Haiku’s Secret Hangout





 

 

 

              from dagosan 





 

bad news

from the doctor —

voices through the wall

 

 

 

 

 

 

 



Day of the Dead —

the anorectic

looks envious

 

[Nov. 4, 2005]

 

                                                                                                          medbag   

                                                                                             

just day-dreaming? download “Dewdrop World”

Filed under: pre-06-2006 — David Giacalone @ 2:29 pm

It’s a be-outside or stare-out-the-window kind of sunny

autumn day here in Schenectady.  I have to run down to

the Board of Elections to cast an Absentee Ballot, so I

get to actually be outside.  

 

If you’re stuck indoors, why not download David G. Lanoue‘s   LanoueSelf

haiku novel Dewdrop World (2005), which Prof. L is offering for

free in gratitude for the generosity all have shown after Hurricane

Katrina.  See our prior post, a great free novel for more details

about the novel.

 

Here are a few more of David’s haiku from Dewdrop World:

 

raindropF

 

 

 

in the pink dusk

with pimples

moon

 

 

 






scrabbling for crumbs

amid the pigeons

sparrow

 

 

 

 

 

 

 

 

busy little buggers

the flower-mad

butterflies

 


 



 

 


this world

is a dewdrop world 

yes… but…

                           — Kobayashi Issa  (“Cup-of-Tea”)
                                           translated by David G. Lanoue  

                                                                                                                                      raindropG

 

 

a couple days late: dias de los muertos

Filed under: pre-06-2006 — David Giacalone @ 12:04 am

Despite a timely reminder from Jason at Roadrunner Haiku Journal, I’ve managed to miss celebrating Mexico’s Dias de Los Muertos the Days of the Dead. My sole visit to Mexico, in 1988, coincided with Dias de Los Muertos and the sights, sounds and spirit of the celebration are among my favorite memories. The Mexican emphasis on embracing death and the dead, rather than fearing them, brings joy to those days, to the surprise of Eurocentric Americans.

tiny check A favorite souvenir from that trip is a typical, tiny diorama, featuring several skeletons in a kitchen preparing and enjoying a feast.

diabloLoera At his Dia de los Muertos website, artist Ladislao Loera explains the celebrations, and also presents his striking artwork, which brings an ancient tradition, that has been influenced by several cultures, into a modern idiom. Here is his description of the festivities:

“Dia de los Muertos is celebrated throughout Mexico and the Southwest states, and coincides with the Christian All Souls and All Saints Days. On November 1st and 2nd people remember those who are deceased. November 1st is considered the Dia de los Angelitos–the day to remember children that have died, November 2nd is the traditional Dia de los Muertos (day of the dead).

“Pictures of the deceased are placed on Dia de los Muertos altars with their favorite food and drink. Candles to light their way home, and soap and water to freshen-up after their long trip back are also often placed on altars. Trinkets they were fond of, symbols they would understand, and gifts are left to communicate to them that they are always in the hearts of those they left behind, and that they are still part of the family even though they aren’t physically with us any longer.

…………………………………………………………………………….. Tres Calaveras from Loera

“Families often spend time at the cemetery with loved ones, bringing food and drink along with all the other necessities for a picnic. However, at this picnic the deceased is the guest of honor. Dia de los Muertos is a time of joy because we know that we are surrounded by those that we love–both living and dead. “

You can find many more links and images here, including a Lesson Plan to teach children about Dias de lost muertos. For more information, read a chapter from Death and Bereavement In The Americas, entitled “What Do Mexicans Celebrate On The Day Of The Dead?” (2003), by Salvador, R. J.


diabloLoeraN dagosan has yet to pen a proper poem for the Days of the Dead. At haikupoet.com, however, Paul David Mena (a/k/a extraspecialbitter) celebrated the Day of the Dead on Nov. 1st and 2nd with haiku, and posted four more featuring All Souls Day on Nov. 2nd. Perhaps by coincidence, from Tokyo, Sakuo chose a haiku for Everyday Issa that tells of dying, and he added his own related artwork and renku. These early November days are, then, a very good time to re-connect with loved ones who have died — with joy for their living and for our remaining together in memory and spirit, and on the Day of the Dead.

Dias de los Muertos
grandma passes grandpa
the olive platter

………… by dagosan [Nov. 4, 2005] Loera’s surfeador surfeadorLoeraN

Afterthought (October 30, 2007): The Smithsonian’s National Museum of the American Indian has this description of Los Dias de los Muertos page that lists many events that have be held this year to coincide with the celebration:

“Although many cultures see death as a cause for sadness rather than celebration, the cultures that observe Los Dias de Los Muertos do not: Death is not seen as something to be faced with fear but as the doorway to other levels of existence. It is believed that during Los Dias de Los Muertos the souls of the dead return to visit the lviign – a cause for celebation — just like the welcome given a dear friend or relative who visits after a long time away.

November 3, 2005

three law firms give up their “Dream Team” joint p/i ads

Filed under: pre-06-2006 — David Giacalone @ 7:12 pm


On August 4, 2003, ethicalEsq offered a bit of free antitrust advice to four lawyers,

from three NY Capital Region law firms, who were about to launch a giant joint-


Calling themselves The Dream Team, the already-successful and high-profile p/i

lawyers were on tv screens and billboards for several months. 



The self-proclaimed “Dream Team” included: E. Stewart Jones from Troy, 

Steve Coffey and Tom DiNovo of Albany’s O’Connell & Aronowitz, and 


                                                                                                               napper gray sm

 

We’ve been wondering what happened to The Dream Team — whose individual

firms have been again advertising separately — and the answer came in an article 

this Sunday from the Albany Times Union — “Lawyer team’s dream ended in squab-

ble over ad’s wording,” by Carol DeMare, Oct. 30, 2005)   As the article explains:


“The Dream Team lasted only three or four months. The Com-

mittee on Professional Standards, which monitors attorneys’ conduct,

questioned the advertisement and “said it could be misleading,” Coffey

said Friday. The committee told the lawyers that “people might not be

sure if they were getting three firms or one firm,” Coffey said.  . . . 

 

“To avoid confusion, the commercials began carrying a disclaimer that

only one of the three firms would be involved with a case, chosen on a

revolving basis, Coffey said.

 

erasingS

 

“Initially, the committee appeared satisfied. “But then they called back

and said, ‘No, we don’t think your disclaimer will work. We don’t think

the Dream Team of three firms will work,”‘ Coffey said.”

According to Coffey, it was a “successful campaign” with “a tremendous amount

of feedback. . . It was very well received, people liked it, were very happy with it.”

Nonetheless, Team members decided not to appeal the issue to the Appellate

Division of the Supreme Court, despite Coffey wanting to challenge it “on the basis

of First Amendment right of freedom of association.”  Coffey continued:


“I thought we had the right to do it. I didn’t think it was misleading at

all and, if so, we could correct it. But, overall, we made a business

decision that it wasn’t worth it.”

 

“It was a concept as far as I know never adopted by anyone else

in the country, a great concept.”

                                                                                                            ooh

 

Well, we don’t think this will help the Dream Team’s image — three law firms with

hard-hitting tv ads and tough images, who can’t find the gumption to defend their

purported constitutional rights in order to protect a successful marketing tool.  For

the reasons we gave two years ago, we believe there were plenty of antitrust issues

surrounding the joint venture that needed to be cleared up.  In addition, there was

indeed a great potential for consumer confusion.  

 

The team mates obviously didn’t have enough faith in the project to continue their

fight.  I think that’s the best result for Capital Region consumers, and I hope law

firms in other areas see this outcome and decide this “great concept” needs to

remain a dream rather than a reality.

 


tiny check  f/k/a’s Honored Guest Poets aren’t rivals.  But, any pair of them

clearly constitute a haiku Dream Team.  Here are Peggy Lyles

and paul m, to prove my point:

 

 

 


witnessing his will

the frost-hatched

pane

 

 

 

 

 






chalk dust

in the eraser trough

autumn chill

 

 

 

 

blackboard abc

 

 

 

yellow leaves

a girl plays hopscotch

by herself

 

 

 


from To Hear the Rain (Brooks Books, 2002) 

 

 

 








fallen leaves

the rusty wheelbarrow

heavy with stones

 

 

 

 

 

coming nor’easter

all the coins

younger than me

 

 

 







penny sm   penny sm

 

 

we walk in silence

a sea stone

not there at high tide

 

 


“fallen leaves” – finding the way (Press Here, 2002)

“coming” & “we walk” – Roadrunner Haiku Journal V:2

 

 







  • by dagosan                                               







autumn wedding

sweeping up brown and yellow

rice

 

[Nov. 3, 2005]

                                                                                                           ooh neg

                                                                        

finito con “scalito” — it’s a silly sobriquet

Filed under: pre-06-2006 — David Giacalone @ 4:02 am

This grandson of Italy is firmly in the camp of those who would prefer

an early burial of the nickname “Scalito” for Judge Samual Alito, at least

for purposes of public discourse — not, however, because it is a grave

insult to Italian-Americans.  I think it is sufficiently immature, misleading

and insulting (to both ends of the portmanteauScalia and Alito), to be

inappropriate in a serious public debate.  

 

scalitoXg   For an extensive and excellent discussion of the debate over the

word “Scalito,” complete with linguisitic and political analysis, see Benjamin

Zimmer’s Language Log, which featured A perilous portmanteau?” (Nov. 1,

2005) and Squabbles over ‘Scalito’” (Nov. 2, 2005).  Nick at musementpark 

also has a few prime comments, suggesting that those who love wordplay

had little choice but to dream up the nickname for Judge Sam.










empty bottle

a few words

I would like to take back

             John Stevenson from Quiet Enough

 

The immediate charges of anti-Italian bias by the National Italian American

Foundation (NIAL) and racism by unnamed Republican operatives, followed

by defensive speculations on the left about the intentions of the complainants, 

suggest that raising the American Emotional Quotient (and especially that

of the media, the Web, and “defamation professionals”) should be an important

national priority.  

 


 




on the face

that last night called me names

morning sunbeam

 









earplugs

now my heart is

too loud

 


(Brooks Books, 2000) 

 

Whether hired, self-annoited or otherwise chosen, those who see their jobs

as protecting and defending the “reputation” of any group, far too often adopt

a lowest-common-threshold of offense, and an ultra-sensitive ear for insult. 

Thus, NIAF complained in its press release (on Oct. 31, 2005):


                                                                                     “scalitoXNover” 

 

“The NIAF is distressed by the attempts of some senators and

the media (CNN,CBS) to marginalize Judge Samuel Alito’s out-

standing record, by frequent reference to his Italian heritage

and by the use of the nickname, ‘Scalito’.”

Oddly, NIAF mentioned Alito’s Italian heritage two times in the three-

sentence press release that same day, in which it applauded Pres.

Bush’s appointment of Judge Alito.  More telling, the Foundation’s own

Mission Statement boasts that it is “raising the prominence of all things

Italian in American culture and society, and making ‘Italian American’

part of the national conversation.”  People who group together to broad-

cast their pride in their ancestry, should not be insulted when their

ancestry is pointed out.  On the personal, group and ethnic level, looking

for reasons to be insulted makes you look pathologically insecure. 


tiny check  When the press or the pols say “He’s Italian, he’s Italian,

and so is Justice Scalia,” the response from NIAF should be,

“Yes, and ain’t that grand!” 

Until Sam Alito lets us know that he considers “Scalito” to be a fine

sobriquet, and Antonin Scalia concurs in adopting the portmanteau,

let’s shelve it and get to the merits of this nomination.  Crybabies and

namecallers shouldn’t be directing this show.

 


p.s.  I disagree with NIAF and with BMG‘s David Kravitz that

it would be anti-semitic to use similar wordplay linking the

names of Jewish judges who are seen as ideologically-close.

The fact that some observers might call it anti-semitic is not

persuasive, without more evidence of malicious intent.  Pointing

out that two smart and successful judges happen to be both

Jewish — or Italian, or Catholic — is not ethnic prejudice.

 

[For example: If the hypothetical Judges Greenberg and

Goldberger were perceived as judicial soul-mates, referring

to the pair as “Greenberger” (or even “Cheeseberger” ) might

be silly or insulting, but it isn’t on its face anti-semitic.]

 

 

 







first snow

what a racket

from the geese

 

 

 

 

I know the rules–

the wind blows

the leaves move

 

 

 

 

 





still ahead of us

the storm

we’ve been driving toward

 

 

 


 

 
their laughter

is not about me

but would sound

just like that

if it was

 

 


except: “empty bottle” – Upstate Dim Sum  (2002/I)





 

 

                                                                                             “scalitoXGover”

 

November 2, 2005

subsidizing your spam-ma mater

Filed under: pre-06-2006 — David Giacalone @ 8:23 pm

We might not like the name (“law porn“) that law professors gave

to the avalanche of slick brochures they receive from horn-tooting

law schools.  But, we sure can relate to the general queasiness

that comes from finding a mailbox stuffed with glossy solicitations

from every educational institution you — or an offspring of yours —

have every attended. 

 

mailBoxG  This topic became topical for me, with yesterday’s

announcement that the Post Rate Commission has approved

a rate hike request of approximately 5.4% for most kinds of mail

delivered by the United States Postal Service.  (See AP/Boston

Globe article).  The news coincided with a dumpster-ful of

brochures and catalogues being stuffed into my home mailbox

this afternoon — many of them from schools or alumni associ-

ations, and all of them receiving discounted rates under the USPS


 

Let’s be clear: I do not begrudge the USPS getting two cents more

for first class postage starting in January 2006, and am not one of

those who bash USPS for poor service — necessitating this great

PR letter from USPS.  What I do wonder about is the special

break — the recommendation of a smaller rate increase — for

non-profit entities.  According to the Associated Press/Globe:


“The rate commission said its decision reduced proposed

increases for nonprofit organizations and small local news-

papers, but would raise the post office’s planned charges

for mailing books and media materials.”

Nice priorities!  It’ll cost more for me to send books, so that schools  emptyPocketsS

can continue to mail me costly presentations imploring me to endow

a chair or two, or honoring alumni for their donations, and enticing me

to travel to exotic places with famous educators for $20,000 or more

per person (double occupancy). 

 

One of the pieces in today’s mail proudly announced that “In fiscal

year 2005, more than 135 alumni took Travel Society trips to such

destinations as Costa Rica, Alaska and the Antietam National

Battlefield.”  That’s right: thousands upon thousands of glossies

were mailed to alumni several times during the year — at discount

mailing rates — so that “more than 135” of those with substantial

disposable income could take an Alumni-affiliated trip.  What a

deal.


tiny check Hey, Harvard: You’re the most prolific of the Travel-

Guide spammers.  It seems like two or three a month,

sometimes more. Save the money, I’m never going.

“mailboxN”   I don’t know if UPS and FedEx are right that the United States 

Postal Service is “using profits from its first-class mail monopoly

to fund Priority Mail and Express Mail, which compete with their small

package deliveries.”  (Atlanta Journal-Constitution, “Snail Mail Costs

scheduled to rise,” Nov. 2, 2005.)  But, I do know that the Postal Rate

Commission wants to make it easier for ACLU and CATO Institute,

Harvard, Georgetown, McQuaid Jesuit High, and all sorts of political

action committees to send me stuff.   And, I don’t like it.

 

Maybe I can’t stop my spamma maters from overwhelming my poor

mail carrier, and undermining my faith in higher education.  But, I’d

like to suggest one requirement for all mailers who want to send

discounted or junk-mail, and especially non-profits who get an even

bigger break:  On each piece of mail state “It cost us $_____ to send

you this item.”   Members of the public might be moved by such

information to ask for new priorities at the Postal Rate Commission.

Alumni might let their schools know that they should save that fee,

plus the expensive production costs, and put us on a “Do Not Mail

List.”   Then, maybe, there’s a chance of a bequest from me down

the line.


tiny check What ever happened to the category “third-class mail”?

Was somebody afraid of hurting the feelings of the senders? 

The recipients?  The Postally Correct crowd strikes again.

Enough said — and more than enough received.

 

p.s. To GEICO and AARP: I do not need to hear from

you every single week. 

 

 



postal chess–

he moves me

from his cell

 



 







  • by dagosan                                         






special delivery –

a smile from

the pregnant mailman

 

 

                             [Nov. 2, 2005]


 

 

 

                                                                                          “NoYabutsSN”

 

poesia di un alito?

Filed under: pre-06-2006 — David Giacalone @ 3:41 pm

Since discovering that “alito” means “breath” in Italian,

I’ve wondered how you say “one-breath poetry” in that

language.  As I have never studied the language of my

ancestors, I can only guess: “poesia di un alito.”  Help

from readers would be appreciated. 

 

leaves flying  Meanwhile, enjoy a few one-breath poems

from Lee Gurga:

 

 


morning calm . . .

heavy with frost the leaves

continue to fall

 

 

 

 

 

 

 





darkness before dawn–

the way your legs sleep

not closed    not open

 

 

 

 

 

 

 

 


first snow–

the little boy laughing

in his sleep

 

 

 

 

 





kiteN

 





television light

flickers on my children’s faces —

autumn sunset

 

 



(Brooks Books, 1998) 

 

 






  • by dagosan                                         



 

from last November:

 



even lovelier

naked

backyard elm

               

leaves falling potluck


tiny check  Easy choice: Right now, there is a blue sky outside the

bay-window of my home office, with bright sunshine  

illuminating the remaining golden leaves on surrounding

trees.  I could write a few blurbs on lawyerly or political

issues, or I could go outside right now, and enjoy this

aumtumn day before the early sunset arrives.  Well?

While strolling along the Mohawk River, I’ll  perhaps

have a haiku inspiration to bring home for dagosan.

 

If you really need some commentary to keep you busy

until you can leave your office, check out the RiskProf‘s

discussion of terror torts, and the list of questions about

abortion law shoud Roe v, Wade be overturned, presented

at Mirror of Justice, and written by Prof. Steve Shiffrin.

 

                                                                                                                        kiteG

 

November 1, 2005

november? what’s the hurry?

Filed under: pre-06-2006 — David Giacalone @ 6:36 pm

So soon, it’s November.  I am not ready for the “holiday season.”

However, Markowski-san still believes in (retail) magic, it seems:

 







november first…

the department store pumpkins

have turned into sleighs

 

“santaDudeNeg”  ed markowski   

 

 

 

The f/k/a gang is still thinking of ghouls and graveyards,

empty candy wrappers and autumn’s special moments.

It’s a Tom Painting kind of mood:

 

 

 






a dry leaf

scratches along the sidewalk 


 

 

 

leaf gray

 

 

 

running laps
in the graveyard
the fitness buff
 

 

 

 







Indian summer

the watercolorist paints

a leaf on the lake

 

 

                                                           leaf red

 

 

headstones
his wife at a loss
for words
 

 

 


Tom Painting    

“running laps” – bottle rockets #13

“headstones” – hauku canada newsletter (Spring 2005)

“Indian summer” & “a dry leaf” – haiku chapbook piano practice 

 

 

tiny check  If you need one more cute-kid Halloween smile,

see Sam Schaeffer (and his daddy’s briefcase).

 

 

« Newer PostsOlder Posts »

Powered by WordPress