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

After last night’s results in South Carolina, the temptation to break the f/k/a Christmas Eve no-political-punditry pledge is even greater today than it was after the Iowa caucuses, and during the past few weeks of bilious Billderdash on the campaign trail. However, as we said back on January 4th, “we’ve never been able to have just one drink at the punditry bar, so I just put the cork back on that bottle of opine wine.”

Nevertheless, I will say two things: (1) I joined “Obama for New York” last night, plan to be one of the honkees at the Honk for Hope rally this afternoon in Albany, NY, and have just bookmarked the Obama Capital District NY Blog. And, (2) No matter how much I might agree with the agenda of whoever is chosen to live in the White House this November, I do not want to live through another four or eight years with a President who is personally loathed (not merely a gender or racial dislike or preference) by scores of millions of Americans. We need a unifier.

first full moon .
breaking the last
new year’s resolution

……………………………………… by dagosan (see the original haiga, at Magnapoets)

Meanwhile (and this goes greatly against the Prof. Yabut and ethicalEsq grain), I’ll let others do the talking: See “A President Like My Father,” by Caroline Kennedy; and “The Billary Road to Republican Victory,” by Frank Rich (New York Times, January 27, 2008); “Questions for the Clintons,” by Bob Herbert; and “Two Presidents Are Worse Than One,” by Garry Willis (New York Times, January 26, 2008); also, Althouse on Who Favored Hillary in SC.

What’s the antidote to the urge to pontificate? Besides having fun with Ann with mirrors, it is — as always — good one-breath poetry:

family plot–
all but forgotten
the sibling rivalry

high noon
the boys refill
their water pistols

……………………… by Tom Painting
“high noon” – July Selection, Snapshot Press 2005 Haiku Calendar
“family plot–” – Acorn No. 19 (Fall, 2007)

new year
the neighbor tidies up
his side of the woods

waking to a new year . . .
his side of the bed
already cool

mother-daughter outing —
deep shadows
in the lotus seed pod

…………… by Carolyn Hall – Acorn No. 19 (Fall, 2007)

It’s Martin Luther King, Jr. Day, and as we did last year, the f/k/a Gang re-commits to a Day of Service in his honor, as well as beginning “40 Days of Nonviolence: Building the Beloved Community.” Other f/k/a MLK Day themes that deserve a repise:

• “injustice anywhere” is indeed a threat to justice everywhere. See Dr. King’s Letter from a Birmingham Jail

• it takes “a dream plus courage” – slacktivists need not apply

• all of us who are responsible for the operation of our legal and judicial system (that’s every American, but especially the legal profession) can use the pro-se/self-help-law movement to help ensure that wealth is no longer the key to the courthouse and that our justice system fairly serves every American.

Martin Luther King Day…
the weight of ice
on a magnolia branch

. . . by ed markowski

Martin Luther King Day –
the kid says it’s too cold
to march

. ……………… . by dagosan

[Don’t forget the 2008 Martin Luther King Day Edition of Blawg Review [#143].]

[Jitterbug Stamp] My retired mail-carrier Dad, Arthur P. Giacalone, loved swing music and famously loved to dance. When we went as a family to wedding receptions or other big parties, Papa G. always brought along a change of clothing, so he could shed the damp ones before the last dance with Mama G. [I wrote about Papa G. on his 87th birtday in 2006, and last September, when he and Mama G. celebrated their 60th Anniversary (lots of photos here).]

[big] At his funeral on Monday, one of Dad’s very favorite nieces reminded us that their eyes would meet whenever a band started to play “Night Train,” and then they would jitterbug together like crazy to the delight of all. (Click for jitterbug history, and this fun 1944 instructional video)

jitterbug gene —
dad’s skipped
a generation

………………….. dagosan

Cousin Rose Palazzo’s fond memory of dancing with Uncle Art. got me searching for a video clip of Night Train yesterday, and refreshed my recollection on many dad-and-music-related topics from my childhood. When I learned that Louis Prima did a well-known version of “Night Train,” I smiled broadly — recalling the fun I had with my parents as a (not-yet-jaded, pre-teen) kid, watching the antics of trumpet-playing band leader and “hepcat” Louis Prima and his deadpan, lovely, songstress wife Keely Smith (who can be heard in a 20-minute NPR Fresh Air presentation, from 2002, “Queen of Swing“). As one commentator explains, Italian-American Louis Prima was “one of the few obviously ethnic entertainers who never turned his back on his roots once mainstream success hit.” For example,

“He always revived — to his audience’s delight — Italian novelty numbers [e.g., titles like “Felicia No Capicia” (more),” “Baciagaloop (Makes Love on the Stoop),” “Please No Squeeza Da Banana,” and “Josephina, Please No Leana on the Bell.” ], and much of his performing persona could be traced to the wildly energetic Italian kid who never grew up.”

With much anticipation and satisfaction I located a Prima-Butera Night Train Video version of the song, which had been released on Louis Prima’s “The Wildest!” Album (Capitol Records, 1957), and has an amazing sax solo by Sammy Butera. I don’t think of myself as a swing or jazz fan, but this instrumental made me grin and tap my feet, and immediately recall the great Night Train lyrics (by Lewis C. Simpkins) that dad would occasionally sing — in what was surely my first exposure to an anti-domestic violence theme:

Night train,
That took my baby far away.
Night train,
That took my baby far away.
Tell her
I love her more and more each day.

(Chorus) [“The Wildest!” cover]

My mother said I’d lose her
If I ever did abuse her,
Shoulda listened.

My mother said I’d lose her
If I ever did abuse her,
Shoulda listened.

Now I have learned my lesson
My baby was a blesssin’,
Shoulda listened.

[I plan to click on the Prima video link often, to let Night Train help “bring my daddy back to me.” Listen to Eddie Jefferson’s more optimistic version of the song, in which the night train brings his baby back.]

funeral dirge —
we bury the one
who could carry a tune

……… david giacalone – Frogpond 31:2 (2008) – selected for “white lies: Red Moon Anthology 2008“

Since my arrival in my original hometown of Rochester, New York, on Saturday, I’ve been treading water in the emotional pond formed by losing a parent. Despite a few tearful episodes, it has mostly felt like a soothing communal hot-tub, warmed with the love and affection of family and friends.

Here are a few more poems that came to mind during my 4-hour trip back to Schenectady today on the New York Thruway:

driving home
from papa’s funeral —
thin noon moon half-empty

bequest wish list
a father’s smile
at the top

dad’s empty chair –
mom lets me cook the pasta
al dente

…………………………… dagosan

Here are a few one-breath poems, by members of our f/k/a haijin family, which in one way or another remind me of a man who was sadly short of breath and unable to jitterbug the past couple of decades.

winter woods
seeing myself
in black and white

………………….. by yu chang – Upstate Dim Sum 2005/1

the pinwheel stops
grandpa catches
his breath

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

one of your sighs
has stayed with me
forty years, so far

……………………… by John Stevenson – Upstate Dim Sum (2005/I)

Discovery channel –
an older male vanquished
heads for the hills

within the red wine
a nap in my chair

my wife catches me
picking from our trash
again

letting her
walk all over me
ladybug

without consent
my old sneakers
in the trash

yardwork:
some of the old tire water
on my shoes

the river
full of ice
broken free

……………………. Tom Clausen
“Discovery channel” and “within the red wine” – Upstate Dim Sum (2003/II)
“me wife catches me” – from Upstate Dim Sum 2007/1
“letting her” — being there (Swamp Press, 2005)
“without consent,” “now that I’m over,” and “yardwork” – from Homework (2000)
“the river” Upstate Dim Sum (2005/II)

update (Jan. 17, 2008): f/k/a “Cousin” Ed Markowski knows a lot about family love and loss, and caring for friends. He sent me three poems overnight that belong here in this post:

funeral procession
the silence of the engine
dad tuned last april

winter funeral
a bead of holy water
freezes in mid-air

dad’s funeral
this morning uncle walt
ties my tie

[mama g, 1948]

afterglow (Jan. 18, 2008): That cutie my Dad fell in love with in 1947 loved Glenn Miller, too, and we often heard “Moonlight Serenade” at Casa Giacalone (click for YouTube version), as well as “In the Mood“. Ed Markowski sent us this little gift, which incorporates another of my favorite insects:

moonlit serenade
fireflies appear just beyond
the jitterbugs

…………………………………………. ed markowski

Meanwhile, the rarely-sentimental Prof. Yabut penned this tell-em, and caught me in a weakened condition, so I’m passing it along (with apologies to Groucho Marx):

in the mood
innuendo goes
out the window

afterwords (Jan 21, 2008): Thanks to Gideon at Public Defender Stuff, for including this posting in his stirring 2008 Martin Luther King Edition of Blawg Review [#143].

p.s. A Butterfly Connection: Go here to learn why, from now on, butterflies will remind me of my Dad, and to find a couple dozen butterfly poems by our Honored Guest poets. I’ve uploaded a “butterfly haiku memorial collection for Papa G.,” which is a Word document that you can print from this website, to create a two-sided, trifold brochure. It contains most of the poems found in the butterfly haiku posting.

sunset stroll –
searching snowbanks
for butterflies

……………………………….…………………………… by david giacalone
[in mem., Arthur P. Giacalone; haiga photo by Yu Chang]

A recent article in the Schenectady Daily Gazette about police using too much sick leave and comp time to avoid the busiest patrol shifts caused a jarring bit of guilt on my part. Clearly, I’ve been shirking my duties on the haiku quality control beat, in the 6 months since issuing my fragnum opus “too many tell-ems: psyku lower haiku quality.”

You may recall that I’ve been lamenting the escalating trend of haiku journals publishing “tell-ems”, in which the poet “tells” what is on his or her mind (stating an insight or intellectual conclusion, or naming an emotional state) rather than “showing” us through images based on sensory experiences. As I said last May:

They may in fact constitute wonderful insights into the world, humanity, or the poet’s psyche. A few might belong in a list of the wisest epigrams or wittiest bon mots. Some readers might think they are excellent free verse poems despite their brevity. Nevertheless, psyku do not belong in our finest haiku journals and anthologies as examples of the best haiku or senryu being written in English — even if their authors are among the most respected haijin alive and the poem is structured to look or feel like haiku.

Sadly, despite voluminous research and quotes from a multitude of leading haiku scholars and luminaries, my complaints have been no more successful than similar attempts at this weblog to uphold the quality of legal services and viability of lawyer ethical rules and standards. Although I have recently sworn off lawyer punditry and playing the role of the conscience of the profession, I’m going to persevere a bit longer in pestering the haiku community about the dangers of “psyku” — especially, because the gap between my views and those of leading editors and awards-judges seems to be increasing, while my pleasure in reading many haiku journals, collections and anthologies is rapidly declining.

[orig.] Anchovies on the side: Some in the haiku community of poets, editors, scholars and readers might believe that tell-ems and the whole “psyku genre” are like literary anchovies — just a matter of an acquired taste (rather than of quality or definition), an option that deserves to remain on the menu of the best journals. If they are merely a matter of taste, tell-ems are a haikai flavor I am simply not willing to ingest, while waiting for my taste buds to be subdued, converted or numbed. Nor, as with anchovies, am I willing to succumb to pressure from purportedly more-adventurous or sophisticated peers, and to order up publications that contain tell-ems, with the understanding that I’ll just ignore them, eat around them, or place them to the side.

Every tell-em in a leading haiku journal, or in the winner’s circle of a kukai or award ceremony, is taking the spot that could have contained a better poem, while leaving an unwanted aftertaste and the growing risk of one-breath reflux on a tide of half-baked, three-line pseudo-tanka.

Crankshaft

The anchovy analogy came to mind recently when I ran across one of my all-time favorite senryu in the course of a book review:

first date–
the little pile
of anchovies

. ……………… by Roberta Beary – from The Unworn Necklace (Snapshots Press, 2007); Frogpond (Winter 2007), 1st Place, Haiku Society of America’s 2006 Gerald Brady Senryu Contest

This poem works so well as haiku/senryu because Roberta took a familiar concept (that could easily have resulted in a poetic cliche) and deftly illustrates it for us, rather than spelling it out. She tells us what was experienced, not what she thought about, or what we should conclude on the subject. She leaves it up to the reader to fill in blanks and ellipses with insights, or empathy, or questions about what was on her mind and on her lips that night.

In the hands of a lesser poet — or one who was simply not willing to take the time to invoke “the first-date anchovy experience” with a sensory image rather than a mere explanatory phrase — we could have wound up with an epigrammatic “insight,” a wry-ku bon mot such as:

i know the rule:
no first-date
anchovies

Or, perhaps a palpably inferior, regretful “sigh-ku,” like:

no goodnight kiss —
why did I have anchovies
on our first date?

The Beary Anchovy example seems to me to be a great teaching tool: an example that reminds us that the best haiku and senryu do not merely embody an interesting notion written in 17 syllables or less. The challenge of haiku — the task in crafting the highest quality haiku, at least as it has been practiced over the past few decades by those writing in the English language — is to share an experienced moment of insight, awe or heightened awareness and connection, by showing not telling.

As I said in my original tell-em essay,

Crafting the right juxtaposition of sensory images to evince the insight the haiku poet wants to share or suggest is not always easy, even for the best haijin. That’s actually my point: doing it right can be difficult, requiring special skill, creativity and focused effort. Taking the shortcut of direct explanation makes the poem — however else it might succeed — a second-rate haiku.

A tell-em is built on a lesser aspiration and gives the reader a lesser, restricted role in the overall exerperience of the poem.

Angry Anchovies logo

I’m still reluctant to draw direct attention to any particular psyku examples that I find in print or online. Although I’ve been willing to aggravate lawyers at this weblog over the past few years, I am not eager to alienate haijin — whose skin often seems considerably thinner than that of my legal brethren. Indeed, the perpetrators of some rather prominent tell-ems are in fact among my favorite poets, and even my best friends.

Nonetheless, I thought I might use anchovy parody poems to playfully illustrate the pitfalls of the tell-em phenomenon. For example, the Grand Prix winner of a recent A-Bomb memorial contest inspired me to pen this fishy shadow version of an anti-war “haiku”:

first date turmoil —
anchovies stifle the wishing
of the aging matchmaker.

Yes, the original poem was almost this loaded and awkward (and in fact read like a sentence written on three lines, and actually ended with a period).

Similarly, I don’t know what the HSA Executive Committee was eating when it chose the “best” poem from a recent issue of Frogpond, but it sure gave me indigestion. Although the original was written by one of the most honored and talented haijin on the planet, it precipitated the following, analogous small-fish “sighku/psyku” nightmare:

date’s end —
what made me think I needed
anchovies

As I encounter tell-ems in high places, I will probably craft more anchovy parodies, so watch this space for updates. Of course, I’d much prefer that haiku poets and editors heed my plea from last May:

If only to spare themselves the pain of reviewing the ever-rising flood of wryku and sighku by the less talented [and more pompous] among us, editors should draw the line and exclude (or segregate) tell-ems. They shouldn’t be shy about returning a poem to its author with a note saying “nice idea with good potential; please see if you can convert this psyku into a genuine, first-rate haiku by substituting a sensory image for your explanatory phrase.” If it happens often enough, haijin will submit fewer tell-ems and produce better poetry — and our journals will contain noticeably better haiku.

update (April 10, 2008): As I mentioned, in our posting on the 2008 Anita Sadler Weiss Awards, one of the honored poems — which is favorably compared to a couple of classic poems that solely use sensory images — has won a place among our anchovie-ku:

between constellations
and anchovies
all I don’t know

That last line turned an interesting poem into an instantly trite psyku — half a haiku attached to a cliche. I can’t imagine how this poem — by an author of many fine haiku — garnered so much praise.  And, despite not wanting to offend the cream of the haiku community, I humbly offer my dissent.

In the wake of the controversy (see, e.g., Kevin O’Keefe, Eric Turkewitz, David Gottlieb, and Carolyn Elefant) created by the recently-announced “ABA Journal Blawg 100” list of the “best web sites by lawyers, for lawyers” (featured in our prior post), and just in case you’re too dull-witted or naive to have figured it out, I thought I’d provide a quick list of things to keep in mind when you encounter a best-of list created by a newspaper, magazine, or other publication, or any website, or produced by either a for-profit or nonprofit organization or interest group:

• virtually no one puts together a “best of” list merely because a bunch of people really deserve to have their efforts or abilities honored
• the List-Maker [“Lister”] has an ulterior motive for the compilation, usually to garner attention for itself or him/herself, in order to create more of whatever it needs to achieve corporate or personal goals (such as, making income, swaying opinion, raising money, getting dates, etc.)

losing the contest
I discover
the lord’s mum won

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

• therefore, a publication or website is surely trying, with its Best Of List, to get more readers, by attracting individuals especially interested in the topic covered by the list, getting coverage in other media, getting lots of word-of-mouth referrals (and, eventually, getting more advertisers, and hopefully an audience for the next edition of its List)
• human nature being what it is, the Lister especially expects the Honorees on the Best of List to tell as many people as possible about the great Honor and to refer/point others to the source of the List

• because the staff compiling a list, especially if merely human, has only limited knowledge about the universe of actors, and because the Lister has its own ulterior motives and related perspective, it is very likely that the list will be both under-inclusive and over-inclusive if your actual standard is excellence and worthiness
• it is even more certain that those not selected (and their kith and kin, or friends and fans) will be miffed, irked, insulted about failing to make the list and that those who complain the most in public have their own motives for doing so
• people with “niche” or specialized interests, or who dwell in tiny demographic categories or market segments, often feel left out of global, generalist Best of Lists — as Honorees, fans, and consumers (and they need to get over it)

the best New Year’s
present!
her pink cheeks

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

• it’s always very difficult to decide how large to make a Best of List. [In “When Will Jesus Bring the Pork Chops?,” George Carlin, remarks on the strange popularity of the number ten, and winnows the Commandments down to just two (be honest, be loyal).] If the List is too small, the Lister doesn’t get enough built-in Honoree Goodwill, and runs the risk of insulting someone powerful and important within its sphere of interest.
• If the List is too big, getting the honor is not as valuable, and — more important — the utility of the list plummets, as it’s no longer an easy tool for finding high-quality Listees and fails to eliminate the transaction costs of searching (which is an actual important side-effect of Best Of Lists).

In early October, when expected to come up with a Ten-Best-Blawg list of my own, your humble f/k/a editor lamented, opined and confessed:

Purporting to choose the “best blawgs” is especially difficult and misleading because (very much like choosing the “best” poem in a haiku contest), what you’re really doing is revealing your particular preferences and predilections (”favorites and friends”?) and — unless you happen to be Ed at Blawg Reivew or Bob Ambrogi, who regularly peruse hundreds of weblogs — demonstrating the very limited scope of your normal blawg-surfing habits.

Given the above “truths” about Best of Lists, it should surprise no one that the ABA Journal:

1. probably created its Blawg 100 list mostly to do what every publicly-issued, bottomline-oriented publication wants to do: get attention for itself and more readers (and, thus, eventually be able to charge more for online and in-print advertising)
2. was successful in motivating Honorees to spread the word
3. focused on weblogs that — as it explicitly touts — are “for lawyers” rather than for clients and other humanoids
4. tended to include topics/segments within the profession that are of greatest interest to ABA leaders and potential advertisers (and even the poor staffers who got stuck with the thankless job), and exclude those — like family law and personal injury law — that for some reason are not of foremost interest to bar leaders and likely advertisers

Of course, there are many, many blawgs that did not make the ABA Journal Blawg 100 that are well-worth the attention of the general public, the legal profession, and especially the narrowly-focused seeker of legal information (which might be why the ABA Journal‘s Blawg Directory includes thousands of weblogs in about 80 categories). No Best of List is immaculately conceived and none will ever be miraculously perceived as perfectly executed nor universally acclaimed.

p.s. It goes without saying, here at the home of Prof. Yabut and skepticalEsq, that the entire notion of an online voting competition for “best” or “favorite” weblog in particular categories is statistically meaningless and, in general — to use a little legal jargon — silly as hell. If you’ve read this posting, you will be able to figure out a few of the reasons why the ABA Journal decided to hold the contest anyway.

worm-eaten–
the best chestnut!
the best!

spring rain–
better than the flowers of others
my little thicket

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

. afterthought (7 PM, est): Speaking of Blawg 100 Honorees and the related Popularity Contest: Have you noticed that almost all of the blawggers (but, thankfully, not Ernie nor “Ed“, or even our show-boating Prof. Yabut) have chosen to display a “badge” designed by the ABA Journal that says “Vote for this Blog“? (Indeed, some are using a really big version of that message.) You might be surprised to know, therefore, that we all had the option to post a badge saying “Vote for your favorites.” Now, I don’t want to be judgmental, ’cause I’ve long advocated allowing lawyers to be tacky despite the profession’s image problems. But, I wonder what the chosen badge says about the needs and creeds of the lawyer-weblogger.

better than me
at long distance!
the fart bug

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

afterthought/afterlife (Dec. 3, 2007): Speaking of lists and controversy, Blawg Review #137 is up at the oft-entertaining and insightful Infamy or Praise weblog.  Unfortunately, by completing his Dante-themed Blawg Review trilogy and thus focusing #137 on the Divine Comedy‘s third cantica, Paradiso, Colin Samuels (who led me into temptation regarding Purgatory a year ago) has again taxed my patience and consumed far too much of my blawg-surfing time this morning. (If you like that sort of artsy-pretentious thing, or are enjoying a Snow Day and have plenty of time to kill, I guess you’ll have a divine experience, but it has confirmed my beliefs both about the disutility of themed-blawg-reviews — they are often “annoying, strained and distracting” — and about the tediousness of spending eternity in Paradise.)

his quiet funeral—
a man who did
most of the talking

……………….. by barry george – from frogpond XXVIII: 1

The only redeeming element of Blawg Review #137 is that it comes in the form of written words (rather than a podcast), so that I easily could skip and skim the excess verbiage, such as Dante quotes and parody verse, and find the highlighted hyperlinks to deserving recent blawg postings (such RiskProf’s look at Risk and Race, questioning the application of Civil-Rights-Act disparate impact analysis in the context of credit scoring).

father’s eulogy…
it’s not the first commandment
i’ve shattered

. . . . . …………….. . . by ed markowski

Colin did note that f/k/a is one of only three weblogs to be featured in each of his Blawg Reviews. Thanks, CS, the check’s in the mail. On the other hand, his reference today to this very post about Best of Lists, states that “David Giacalone of the f/k/a blog was somewhat dubious about the value of the ABA’s list. He questions the magazine’s motives. . .” I don’t think I’ve questioned the value of Blawg100, nor denigrated the ABA Journal‘s motives. I’ve merely pointed out the probable motives, to help readers avoid the expectation of perfection and decide for themselves on its value. Like Anne Reed, quoted at Blawg Review #137, I think that “whatever the effort’s weaknesses, some good will come of it.”

Colin, you’ve done your penance (and hopefully learned your lesson), and I look forward to a more seemly, unthemed Blawg Review, the next time you host this carnival of legal weblogs.

the son who
argues everything
I study his face in a puddle

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

Such a pleasant surprise at my mailbox this afternoon: A padded envelope with a Pevely, MO, return address, containing the 12 dvds that comprise the Destinos: An Introduction to Spanish video instructional series (52-half hour shows produced by by WGBH in Boston). There was no name in the return address and nothing inside the envelope other than the dvds, in paper sleeves. Still, I’m pretty sure the package comes from the only person I know who purports to have a Pevely address: Derek Daniel Buckner, the subject of our November 12th post, “should we e-shame Derek Buckner (the cyber-peddler not the City-painter)?.”

Our earlier post describes in detail “my highly unsatisfactory consumer interaction” with Mr. Buckner (not the Brooklyn painter with the same name), who was a very responsive correspondent before I sent my check, but who had failed to send Destinos, a month after that check had cleared. His last “communication” was a Yahoo Auto Response claiming that he could not access his email in-box but had shipped all items to his DB Liquidations customers as of October 25, 2007.

Because the metered postage label on the package that I received today has the date “Nov 14, 07,” and Derek hasn’t sent any explanation for the delay or timing, it looks like it was our “e-shaming” of him that nudged Mr. Buckner to fulfill his obligations as a Cyber-Seller. So, I’m quite happy that I took the time to memorialize our transaction, and that the post achieved such robust search engine presence. [Today, it’s the 7th result in the Google search /”Derek Buckner”/ (despite the many links featuring the popular painter), and the first result for the query /“Derek Buckner” Missouri/.]

e-shaming can work (at least, when you have a well-linked weblog): I probably would have never received the purchased product or a refund of my money from Derek, had I not brought our situation to the internet. He had apparently lied about his bank holding my check for ten days, and then about shipping the item by October 25th and getting back in touch after establishing a new email account, so there’s little reason to think he was suddenly going to act in good faith and send the Destinos discs.

The Abuse Department at craigslist wrote back a few days ago, saying that they would not be able to do anything for me, and “this may be a matter for law enforcement.” They suggested that I might try “consumer mediation services available in your area” (with someone several states away who I had no way to contact and no reason to trust!) and that I file a complaint with the Internet Crime Complaint Center (not noticing that I had attached the complaint I had already filed with IC3 and mentioned it prominently in my e-mail complaint to craigslist — nor that their reply to me had that same IC3 complaint attached to it.).  On the law enforcement front, the St. Louis County Police internet fraud officer called this morning, saying they wouldn’t take any action over a $60 dispute (unless they get more complaints about the same seller). So, it looks like a little cyber self-help was apparently my best bet, and it worked this time.

Nonetheless, I am sensitive to the issues raised by law professor Daniel J. Solove in The Future of Reputation (which f/k/a reviewed on Nov. 8, 2007), about permanently shaming a person on the internet. Therefore, I need to decide what to do with my original posting about Derek Buckner. Naturally, I will place an update blurb in the post tonight, saying that I have now received the merchandise. But, should I expunge it, or otherwise help give Derek a chance to rehabilitate his reputation?

For many reasons, I’ve concluded that I should not remove the earlier post (or details identifying Derek Buckner of Missouri) — at this time. Here’s why:

• as indicated in the earlier post, this does not appear to be the first time Derek Buckner, d/b/a “DB liquidations” or “wrestling_king”, has given buyers unsatisfactory service of this nature;

• Derek was willing to mistreat me as a customer, despite my first telling him (truthfully) that I was on disability and a very limited budget, and was therefore very pleased to find his low price for Destinos; and, even after I informed him that I’m a retired lawyer, but active consumer advocate, with a weblog, who expected fair treatment. That information merely got the dubious stalling response that his bank was holding my check for ten days. So, I finally got a bit more specific, telling Derei:

Unless you give me a very good reason not to do so, I will begin tomorrow to send alerts to Craigslist and other online vendors about doing business with you, and contact US Postal authorities (mail fraud is serious business), and local law enforcement in Missouri.

I will also be posting at my weblog about the risk of doing business with you. My website has about 2500 visits a day and is the #1 Google result for many of the topics discussed there.

That message basically made Derek go into hiding, and garnered the Yahoo Auto Response saying that his email In Box was broken, but he had shipped all orders.

after biting the horse
the horsefly hides out…
lotus blossoms

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

• Clearly, Derek Buckner, who calls himself “midwestpokerplayer” at his MySpace.com webpage, was gambling that I would not do anything over losing a mere $60.00.

• Standing alone, then, Derek’s decision to mail me the merchandise — two days after I wrote about him here at f/k/a and received healthy search engine results — with no explanation and no way to reach him, is not much of a guarantee that Mr. Buckner has resolved to be an honest Seller in all transactions from this point forward.

For the sake of others who might be considering a purchase from cyber-peddler Derek Daniel Buckner — especially doing so directly, without an organization offering recourse –I believe the message in our Nov. 12th post needs to stay online, where it will be easy to find using Google or Yahoo or other search engines. It will be informative for other consumers, who mostly do not have the leverage of a weblog with relatively good visibility to encourage Derek to be on his best behavior.

Sunset Clause: Nonetheless, Dan Solove is correct: forever is a very long time. So, I’d be willing to sunset my e-shame post about Derek in two years, if he contacts me requesting that I remove the identifying information in the post (which also has useful lessons and links for consumers). At that time, if my research shows no continuing misbehavior by him as a seller online, I will sunset the e-shaming aspects of the post.

selling morning-glories
wet with morning dew…
a tough character

waiting and waiting
for sunset…
the willow tree

rain from the eaves
drip-drip…
a late sunset

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

special delivery –
a smile from
the pregnant mailman

………………………………. by dagosan

In his new book The Future of Reputation: Gossip, Rumor, and Privacy on the_ Internet (Yale Press 2007; which f/k/a reviewed at length on Nov. 8, 2007), GWU law professor Daniel J. Solove asserts that “People should avoid Internet shaming,” and bloggers should “ask permission before speaking about others’ private lives.” Dan worries that, even if truthful, internet shaming is inappropriate because it becomes a permanent Scarlet Letter that can limit the target’s future opportunities and chance for rehabilitation, and can result in punishment that is out of proportion to the “crime.”

……………………………………………. (Daily Mail)

unaware of the thief’s
eyes, melons
cooling in water
………………………. Kobayashi Issa, translated by David G. Lanoue

On the other hand, in the post “e-shaming and lawyer conduct” (March 2005), I’ve suggested that using the internet to focus attention on a person’s misdeeds — if truthful and done with enough detail to avoid presenting a misleading context — might have a deterrent effect on unwanted behavior, while giving useful information to people who might be considering a relationship with the shamee-target of the accusations.

In addition, if the conduct in question involves commerce — and especially internet-assisted commerce — or (as with lawyers or politicians) a special position of government-assisted trust or authority, the person has taken the matter out of the realm of his or her “private life.” Therefore, I’m going to tell you the story of my highly unsatisfactory consumer interaction with an internet seller named Derek Daniel Buckner of St. Louis, Pelvey, Arnold, and many other addresses in the State of Missouri, USA. It includes a description of my mistakes as on online consumer, along with some tips and links for avoiding internet sales fraud (and, naturally, a spattering of one-breath poetry). Let us know in the Comments section whether you think my giving this account is appropriate and helpful — and, whether forever is too long for this information to haunt Mr. Buckner.

the world today–
even for mountain chestnuts
a night watchman!

………………………. Kobayashi Issa, written 1822, translated by David G. Lanoue

update (Nov. 16, 2007):  Good News: “derek buckner delivers (after an e-shaming push)” (Nov. 16, 2007).  It looks like this posting worked to solve my consumer problem.  But this post is going to stay as is for at least two years; click the link above for details, and why I believe a Sunset Clause makes sense.

Are you considering the purchase of a product online from Missouri “powerseller” Derek Buckner, who has sold under the name “db liquidations” on Craigslist, and elsewhere (often wholesaling shoes), and as “wrestling_king” at eBay? He calls himself “midwestpokerplayer” on his MySpace.com page (where the married, 28-year-old declares “…Damn It Feels Good To Be A Gangsta’ “), and “DDak” at the “Christian-based” ForU.ms; he’s plain “derekbuckner” at PokerSource.com. His date of birth appears to be June 18, 1979. [Please Note: I’m not referring to the Brooklyn painter Derek Buckner, but very much like the look of his urban landscapes.]

This mug is up at Derek’s MySpace site.

Before doing business with Derek, you might want to read this posting. I wish someone had written something similar to this online, or that I had spent more time digging up information about Derek, before I sent him a check on October 1, 2007, for a set of Spanish language instruction dvds. To date, as discussed in inordinate detail below, I have not received them, Mr. Buckner is no longer at the address he gave me, and he has closed down his email account, with a general message to all buyers that all merchandise was shipped as of October 25, 2007.

……………….. “Once a Thief” (movie soundtrack)

the thief
is just as he is…
hazy moon

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

Here’s what happened: After at least three decades saying I wanted to learn Spanish, I finally started a Spanish for Beginners Adult Ed class the last week of September, and went online looking for inexpensive student resources that I could use at home. I had only recently heard about Destinos, the 1992 PBS tv series, produced by WGBH in Boston (and apparently still running in late-night slots on many public tv stations). It seemed like a great way to learn Spanish, and I wondered if it might be available in dvd or VHS versions.

Why Destinos? Presented in the 52 half-hour installments, Destinos is an immersion-style Introduction to Spanish, structured as a “telenovela” (Spanish soap opera), with native speakers in many countries participating in an entertaining story purportedly filled with adventure, mystery and romance. As WGBH describes the plot, “The story begins with a wealthy Mexican patriarch, nearing the end of his life, who reveals a secret he has kept from his family for years. Raquel Rodriguez, a mexican-American lawyer, is hired to help him learn the answers to some important questions.”

The good news: The series has been taken under the wing of the Annenberg Media education project (which originally helped fund it), and is indeed available in both dvd and VHS. The bad news was the price, which was far beyond my budget:

$468 for the 12 dvds at LanguageQuest

[below the fold you will find the rest of this melodramatic story, along with some consumer tips and links, and a few more haiku and senryu.]

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