icicles drip on the silla pile of bills waitingto be paid
leaning backin their chairsold friends reunited
Carolyn Hall from A New Resonance 2: Emerging Voices (Red Moon Press, 2001)credits: “icicles drip” – Acorn 3“leaning back” – Frogpond XXII:3
December 31, 2004
leaning back
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snow buddha – just enough
Snowmen always make me smile. Ever since I encountered the idea of a Snow Buddha
in the haiku of Kobayashi Issa, I have been fascinated and delighted by the concept.
Although I’m not a buddhist, I concur that there is no intermediary between the individual
and the divine, that we each need to strive to be “awakened” and enlightened, and that
impermanence (flux, change) is the state of all things. [Buddha is not god; the word means
“awakened one.”]
For me, a snow Buddha represents creativity and play, along with the cycle that returns
all things to their original state and begins anew. The end of one year and the beginning
of a new year seems like an especially good time to think about — and, if possible, make
— snow Buddhas. So let’s end 2004 and begin 2005 with thoughts, photos (click for the original,
full-sized versions), and haiku featuring snow Buddhas. May this annual cycle bring enlightenment
and joy! [update: Start here to see our multi-faceted, 3-part series about snowmen.]
Photo-Haiku Gallery by drussell
In two verses of his Remembrance of Buddha, Rev. Tasogare Shinju tells us:
The snow Buddha knows something
Water and air.
I need to breathe and drink,
so hurry up and melt.
Impermanence,
Who can say it.
Already gone.
Great compost heap.
original photo by Alison Shumway, via Chad W. Shumway
Naturally, Kobayashi Issa has some interesting perspectives to add:
first snow–
even a lump of it
is Buddhafirst snow
making a Buddha of you
is hard tooa sparrow chirping
in his lap…
snow Buddhanaughty child–
instead of his chores
a snow Buddhahe’s holding one
snowball…
the Buddhaguard the haiku
I beseech you!
snow Buddha
Kobayashi Issa – translated by David G. Lanoue
– click here for two dozen snow/buddha haiku
just enough snow
for a Buddha —
too much snow
wintry mix
the kids make a snow buddha
for Santa
unseasonably warm
a puppy laps up
our snow buddha
snow turns to rain –
our Buddha’s visit
cut short
………………….. by dagosan / David Giacalone
first snow…
the children’s hangers
clatter in the closet– click for orig. photo-haiku by Michael Dylan Welch
after snowfall
a Buddha on the lawn
with coal eyes
……………………. from Presents of Mind, by Jim Kacian
December 30, 2004
sharper, clearer
watercolors
strung across the art room–
winter rain
driving from the beach
in winter twilight
…the sky today
wind chimes
sharper, clearer
after snow
credits: “watercolors” & “driving” – simply haiku (Oct. 2003)
“wind chimes” — the heron’s nest VI: 6 (June 2002)
I don’t understand why Prof. Bainbridge advocates using the phrase “the dead constitution”
to describe his approach to constitutional interpretation. Do he and Justice Scalia really think
the Founders wanted a “dead” document? Does the phrase sound especially catchy? Give me
a living constitution any day — with the original DNA, it will still live and grow.
conjures up deposed monarchists hoping to return someday in glory.
(by definition) not condoning the actions of the subject institition or people. It’s kind of scary that
young lawyers and law students seem to need emoticons to get an author’s gist.
update [7 PM]: Special (Legal) Ed? In addition to emoticons, Energy Spatula seems
to need captions explaining the topic being covered. Apparently, I should have said
(slowly, with tiny words): “I am not talking about whether AL is funny or likeable
or good at what he’s doing. The topic of this blurb is whether a satirist agrees with
the conduct described.” [Midnight]: E. Spats is learning!
With all due respect to Eugene Volokh and Mark Twain, Twain’s quip “History doesn’t repeat itself,
but it rhymes,” does not mean the same thing as Volokh’s observation “Tomorrow’s problems
won’t be identical to yesterday’s; but they may be similar enough.” Rhyming has no necessary connection
at all to the meaning of “rhymed” lines or events. History may not repeat itself, but it does get paraphrased.
There’s lots of historic homonyms, too.
very first question was whether the students are at HBS for reasons other than wanting to become
rich. Sahlman’s answer began, “I have never known a student who came to HBS to become rich per
se” — they come because they want to do something that interests them. Consider your Editor’s
eyebrow raised. I wonder if Sahlman ever gets over to the Law School
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December 29, 2004
52nd week blues?
only crumbs
on the Christmas platter —
in bed, alone
dagosan [dec. 30, 2004]
Got the mid-holiday doldrums? If you believe that misery loves company,
you’ll love the company of America’s favorite ex-country-rocker, mystery-writer
raconteur Kinky Friedman:
“The period between Christmas and New Year’s can be a rather lonely
time for those of us married to the wind. Old people living alone tend
to leap from their top-floor balconies in greatly incresed numbers,
sometimes taking until Purim to hit the pavement. Young people who
feel alone see the holiday season as a pretty good time to end it all before
it begins. They hang themselves while listening to albums by Whitesnake,
overdose on St. Joseph’s baby aspirin, or just wander away, having always
dreamed of someday seeing themselves on milk cartons.”
Kinky Friedman, from Musical Chairs, as excerpted in the unique
by Mike McGovern (1999).
New Year’s kite–
out of green leaves
then back in
New Year’s pine decoration–
alone, listening
to the night rain
no one to give
New Year’s presents to…
little hut
Kobayashi Issa translated by David G. Lanoue
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more paul m, less polemics in 2005
. . . a resolution I plan to keep.
first light
a grouse stepping
around snow
first blossoms
my cell phone
set to vibrate
credits: “first light” – from A New Resonance 2: Emerging Voices; Snapshots 6
“first blossoms” from Walking the Same Path; Heron’s Nest VI:4
We’re short of breath here today: But, check out my guest post at Crime & Federalism –
How Federalism Saved Antitrust. which describes Lloyd Constantine‘s speech
The Importance of State Antitrust Enforcement. (thanks to Mike “Fedster” Cernovich for the pulpit)
Congratulations to the residents of Morrow County, Ohio, who have just hired Ana Colon Aebi
— mi amiga esplendida — as their newest magistrate. In a remarkably diverse career over the
past quarter century, Ana has proven that a “lady lawyer” can do anything her male colleagues
can do — not just better, but with more style. Best wishes, Anita, in this newest chapter!
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December 28, 2004
christmas in wales (with Matt, not Jonah)
Let’s spend part of our winter holiday in Wales with
winter light
smoke shadows drift
over the water tower
New Year’s Day–
bleaching work shirts
back to white
steeltown Christmas
drizzle blurs
the neon welcome
by Matt Morden
credits: “winter light” – The Heron’s Nest (Dec. 2001)
“New Year’s Day” – The Heron’s Nest (March 2003)
“steeltown Christmas” – The Heron’s Nest, Valentine Award (March 2002)
by dagosan:
children awash
in christmas gifts —
tsunami on tv
[Dec. 28, 2004]
I don’t believe that there are any particular deception problems posed by anonymous
authorship of a weblog — once you know the writer is anonymous, you are (or certainly
should be) duly warned about the potential for fictionalization.
A lot of the worries about whether a weblog is “true” or “fictitious” could
be solved if weblog editors made it clear — as is done with all books — whether
the content is “fiction” or “non-fiction“. Some weblog writers might need
to make this disclaimer one post at a time. We all know that there is often
much “truth” in fiction. However, if a writer is making up facts, he or she
should not be implying or declaring that the work is non-fiction.
Rights report, co-drafted by then-Professor Ruth Bader Ginsburg, that seems to propose
that the age of sexual consent be lowered to 12 in a statute covering federal territorial and
maritime jurisdiction. In my experience, there did exist an overlapping group of feminist
and children’s rights lawyers in the 70s and 80s who insisted that the age of consent for
females should be lowered from 16, because adolescents were “women” who should be
allowed to have control of their own bodies. Another reason may have been helping to
assure “reproductive rights” to females at the earliest possible time. However, many would
have balked at twelve I bet — at least, as soon as they became mothers.
Reynolds’ point that Hewitt gets it: “the vast hordes of small blogs with a few dozen readers
are more important than the small number of big blogs with hundreds of thousands of readers.”
I also think it’s ironic that Hewitt’s book does not permit Amazon.com’s Look Inside feature.
checking out this topic, I learned the new word portmanteau, and I ain’t ashamed to show my
ignorance. (some would say I do so daily) Good word.
who are not appropriate recipients on drugs, for far longer than would ever be appropriate.
The fact that the drugs are often 10+ times more expensive than less risky and more appropriate
drugs, which are as effective, makes this problem even worse. That the patient asks for the
televised drug and can get it elsewhere is no excuse for the individual physician making an
inappropriate prescription.
This is a good place to remind you to check out Consumer Reports Best Buy Drugs website:
Here are links to some of its first Press Releases.
Press Release: Best Buy Drugs
Consumers Union announces a new public education campaign and website to help consumers save money on drugs.
more >>
Press Release: Statins
Consumers could save as much as $1,300 a year by switching to a less expensive cholesterol-reducing medicine.
more >>
Press Release: PPIs
An over-the-counter medication to treat heartburn and acid-reflux is available for under a dollar a day.
more >>
Press Release: NSAIDs
Relatively inexpensive, safe and effective drugs to replace highly-advertised drugs to treat arthritis and pain.
more >>
Yesterday, 
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why the unholy silence on faith-based law schools?
I’ve been surprised that so little has been written on faith-biased legal education
by weblawgers who might be apprehensive about the idea. We seem to hear only from
fans of the notion. While I am not like Chris Newman’s friend, who would refuse
accreditation for such schools, I’m very wary about claims that religion-focused law
schools will produce lawyers who are more moral and ethical, or that proper legal
interpretation should look to the Bible first rather than our Constitutions.
My misgivings can be found in the earlier post “religious law schools offer no salvation,”
which was quoted at length yesterday (Dec. 27, 2004) — not by a blawger — but by
Austin Cline, at his Agnosticism/Atheism Blog. [talk about preaching to the choir]
Non-lawyer Cline wrote:
“Religion doesn’t make one more moral, so a religion-based legal education
couldn’t be expected to turn out more moral lawyers. It’s also doubtful that
religious traditions necessarily have a great deal to offer when it comes to
a legal education today. In fact, if a religion-based education inspires one
to try to apply religious texts to legal cases rather than just the law, it could
cause more problems. Aren’t religious conservatives the ones who complain
about judicial activism? “
Cline previously posted Falwell Opening Law School and Onward Christian Lawyers
at his A/ABlog.
Why are weblawggers so shy about this topic? One told me he didn’t want to take on
the religious right in public. I hope others will overcome such fears and openly discuss
a topic that may become quite important for the future of our profession and legal system.
As usual, thoughtful discussion pro, con or in between would be welcome. (and, as you
can see, irreverence need not be shunned)
night storm–
I rely on my little
plague god
with our gods out of town
they raise a ruckus…
crows
even the outhouse
has a guardian god…
plum blossoms
December 27, 2004
the heedless snowman
Holiday Bonus: I found a few more George Swede haiku in my Christmas Stocking
coldest day of the year
the lone skater laps
his breathice-ringed branches
the leg in the cast
starts to itch
in the howling wind
under the full moon
the snowman, headless
George Swede from Almost Unseen: Selected Haiku of George Swede ..
by dagosan:coins inside walnuts –
great-grandchildren
cracking a smile
[Dec. 27, 2004, for Grandpa Bart]
Well, our Republic is much safer now, along with our consciences: Mark Sarvas at Elegant Variations calls for delinking our book cites from Google and un-subscribing from Time Magazine, while he calls the President a nitwit. With such clear-thinking laptop liberators as Mr. Sargas, our liberal Thermidorian Revolution must be right around the corner.
- Any law student weblogger who doesn’t realize he or she needs to be circumspect with what is said on a weblog (whether anonymous or not) doesn’t have the common sense needed to be a lawyer.
- Any weblogger who doesn’t have the courage to write about significant matters of principle, values or tactics, when his or her opinion differs from that of a professor or other authority figure, may not have the fortitude it takes to be anything more than a mediocre lawyer.
emotional distress case against a divorce lawyer has been rejected by the 1st District Court of Appeal.
I hope the client’s attorney is correct that the theory is still a viable one, even though the facts here do
not support the claim. In my own practice (representing children and acting as a mediator), I have seen
divorce lawyers frequently press their clients to raise issues, or use tactics, in custody and visitation
disputes that serve only one purpose — increasing lawyer billing time — while they have only one sure
effect: causing great emotional distress for the children and both parents. A few cases
raising this issue successfully against divorce lawyers might be just the right cure.
December 26, 2004
dec. 26, adjusting a pout
sleet against the window
at last mother threads
the needle
on the bus
the teenager pulls out a mirror
and adjusts her pout
the frozen breaths
of the carolers disappearing
among the stars
the opportunity to make having gone to law school make sense” — Jeremy Blachman,
a/k/a The Anonymous Lawyer, did not waste his time going to law school . Traditionally,
law school was a great springboard for nonlegal careers — including lives in the literary arts.
If it takes going to law school to know you don’t want to be a lawyer, following that learned
bit of insight is a pretty good deal, compared to continuing on without commitment or fulfillment.
It’s undeniable that many writing opportunities will come JB’s way (even without today’s New York Times spread). Even if Jeremy only spends a fraction of his writing career focusing on the legal profession,
his knowledge of its brain and soul will be invaluable to our society.
law-student-author f/k/a Anonymous Lawyer.
This might be a good time to browse or bookmark the materials collected by WVU law
George Wallace has a photo of a twirling galaxy as his Christmas post. Nice.
could he be but Santa Martin, Prof. Grace — the RiskProf. No, Martin didn’t pay me too say this, nor
send a Generic Holiday Gift. But, he did let your prolix Editor keep his one-breath punditry promise, by
allowing me to Guest-Post at the weblog f/k/a “a tort et a travers.” So, please check out “Vioxx Millions Redux: the website f/k/a Vioxx Millions.” [Now, if we could just get him to keep that extra “o” out of “Giacolone” and
keep it in “Olson” where it belongs, Martin would be Prof. Perfect — just ask the RiskSpouse.]
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dec. 26, adjusting a pout
sleet against the window
at last mother threads
the needle
on the bus
the teenager pulls out a mirror
and adjusts her pout
the frozen breaths
of the carolers disappearing
among the stars
the opportunity to make having gone to law school make sense” — Jeremy Blachman,
a/k/a The Anonymous Lawyer, did not waste his time going to law school . Traditionally,
law school was a great springboard for nonlegal careers — including lives in the literary arts.
If it takes going to law school to know you don’t want to be a lawyer, following that learned
bit of insight is a pretty good deal, compared to continuing on without commitment or fulfillment.
It’s undeniable that many writing opportunities will come JB’s way (even without today’s New York Times spread). Even if Jeremy only spends a fraction of his writing career focusing on the legal profession,
his knowledge of its brain and soul will be invaluable to our society.
law-student-author f/k/a Anonymous Lawyer.
This might be a good time to browse or bookmark the materials collected by WVU law
could he be but Santa Martin, Prof. Grace — the RiskProf. No, Martin didn’t pay me too say this, nor
send a Generic Holiday Gift. But, he did let your prolix Editor keep his one-breath punditry promise, by
allowing me to Guest-Post at the weblog f/k/a “a tort et a travers.” So, please check out “Vioxx Millions Redux: the website f/k/a Vioxx Millions.” [Now, if we could just get him to keep that extra “o” out of “Giacolone” and
keep it in “Olson” where it belongs, Martin would be Prof. Perfect — just ask the RiskSpouse.]
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December 25, 2004
haikuEsq likes slippery slopes, too
our christmas tradition:
ethicalEsq’s first slippery slope
CHRISTMAS 1950
“SLIPPERY SLOPE”
d. giacalone, l. giacalone & a. giacalone
No matter how you celebrate, the f/k/a gang wishes you a time filled with much joy, gratitude and holiday spirit. Don’t forget to let a few haiku moments happen, too.
feeding pigeons
on Christmas morning ~
the can collector’s red socks
Pamela Miller Ness from “Can Collector’s Red Socks” (2003)
Christmas morning
an excited child finds
Daddy’s crumbs
Krista Kimmel, Modern Haiku journal
merry jokes
break my heart,
at Christmas
Susumu Takiguchi, Simply Haiku journal
from The Twaddle of an Oxonian
“But, the truth is, there’s room for the spiritual and the secular on this day.
The space is there. We just have to see it.”(Editorial, “Joy All Around,”
Rochester (NY) Democrat & Chronicle, Dec. 25, 2004) — and live it.
Don’t forget our holiday hollyku.
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December 24, 2004
the day before the Holiday a/k/a Christmas
three haiku for december 24th by our haiku friend Pamela Miller Ness
Christmas eve
in the courtyard below
a flutter of wings
“santaDudeNeg”
Christmas eve
the carousel animals
all motionless
Christmas eve-
the row of cut trees
no one took home
“Christmas eve courtyard” – from the haiku sequence “Can Collector’s Red Socks” (2003)
“Christmas eve carousel” “Christmas eve trees” – Modern Haiku XXIX: 2 (Summer 1998)
by dagosan:
Nana serves
Grandma’s recipes —
Christmas Eve calamari
[Dec. 24, 2004]
Which reminds me: In a nation that mostly refers to its Independence Day
as “Fourth of July,” and now lets Lincoln and Washington share a “Presidents’
Day,” why do so many people worry about what our greatest annual celebration
is called publically? I bet Jesus Christ cares more about the spirit of love and
community than what we call his arbitrary “birthday.”
Whatever you call it, please have a joyous Holiday — with love, sharing, caring.
Naughty or nice, we all deserve a bonus pair of Gary Hotham haiku:
coffee
in a paper cup–
a long way from home
the way back–
every star the naked eye
can see
(Canon Press, 1999)
December 23, 2004
it’s about the journey
It’s a travel day for millions, including the f/k/a “gang.” If you’re heading
out to be with loved ones, may your trip be safe and painless. We’ll be here
over the holidays, so please stop on by.
in and out of fog
driving him
to the home
day’s end
reaching the edge
of the map
credits: “in and out of fog” – edge of light (Red Moon Anthology 2003); Acorn 11
“day’s end” – pegging the wind: The Red Moon Anthology; bottle rockets 7
by dagosan:
it’s about
the journey —
not today!
[Dec. 23, 2004]
7 PM
two-hour backup —
just past the accident
a rainbow
Breathlessly packing; not a pun to dit, nor dit to pun.
as much as I love
my travels…
I’m freezing!
traveling geese
my lake is crossed
in no time
translated by David G. Lanoue
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December 22, 2004
burning the YuleBlog
It seems wise to do a little venting, and maybe enjoy some freudenschade or
dark humor, before I bring my oft-contagious holiday grumpiness back home
with me tomorrow.
So, if you came here looking for a Holiday Happy Face, please bear with me.
from dagosan:
wrapping and
packing–
she pastes on a smile
[Dec. 22, 2004]
from Rebecca Lilly
Snow tapering off . . .
at the graveyard, one tombstone
leans on another
An obituary
circled in the newspaper–
pale winter moon
“Snow tapering off” — Modern Haiku XXX:2; A New Resonance 2: Emerging Voices
“moon slipping – A New Resonance 2: Emerging Voices; Modern Haiku XXX:3
The Very First Ad Homonym Attack on Lawyers? Is the equation “lawyer = liar”
bad publicity or good marketing? Ever since my Grandpa Bart said “Lawyers, liars, Bah!” when
he heard I was going to law school, I’ve been ambivalent. It seems plain to me that our
adversarial legal system — along with client expectations and zealousness mandates —
puts a lot of pressure on lawyers to be less than fully candid. Check out J. Craig Williams
and Legal Blog Watch‘s Lisa Stone on lawyers as “spin doctors.”
A Bag of EU Xmas Coal for Billie Gates: As reported by IHT via the AntiTrustProf notes, “the
European Court of First Instance has rejected Microsoft’s argument that EC’s order to change its
business practices woud cause irreparable harm to the company (particularly its patents, copyrights,
and trade secrets) and to its operations in Europe.” Microsoft must immediately sell to computer makers
a version of Windows without its Windows Media Player audiovisual software and share protocols with
rival makers of servers. See AAI’s explanation of why this is good for American consumers, too — it’s a
very good Sun/Solstice/Christmas gift.
Also Cool: The Immunities and Exemptions Working Group of the Antitrust Modernization Commission has
recommended that the Baseball Common Law Exemption from the antitrust laws and the McCarran-Ferguson
Act exemption for the “business of insurance” be studied by the Commission.
Check out the Intellectual Property Working Group’s recommendations here
mountain temple–
deep under snow
a bell
lose this law suit” means the chances are equal for each option? A: Lawyers (and otherwise sophisticated
clients) who assert that a case of ‘he said, she said‘ can’t be proven by either party. At his Employment Blawg
George Lenard has a very good post on this topic. George gives this advice to his clients:
“Do not be afraid of making credibility determinations. Throwing up your hands and declaring
it a case of ‘he said/she said’ should not be the routine outcome of a harassment (or other employee
misconduct) investigation. (But if I had a dollar for every time I heard this . . .) Judges and juries
make credibility determinations all the time; so should you.”
You’ll find some good ideas for assessing credibility, with excerpts from Grondorf, Field, Black & Co., ,
318 NLRB 996 (1995). I know a few divorce lawyers who need to take this to heart.
Check out the Darrell Huff book How to figure the odds on everything (1972, available used
for under $5) Huff also wrote How to Lie With Statistics
For more on my pet peeve of a society unwilling and unable to use judgment, see Common Good.
at the sunset bell
one ear plugged…
winter quilt
Bell-Ringing Santa Judge Gets Gonged Florida ‘s judicial ethics board issued an advisory opinion
on Dec. 8, that a judge may not “directly solicit funds from the public on behalf of a non-profit organization
where the identity of the judge is unknown and/or disguised?.” The querist judge had wanted to ring a
Salvation Army bell. Opinion Number: 2004-36 (via sunEthics) I’m with the two dissenters on the Committee.
Deduct This! After reading the case, we think the pro se Respondent would be wise not to take his
own legal advice on tax matters. Per TaxProfBlog: In Sax v. Commissioner, T.C. Summary Opinion 2004-171
(12/20/04), the Tax Court denied a $29,000 business expense deduction claimed by an 86-year old L.A. attorney
for lack of substantiation.
Cease & Desist with the Whining Already. Florida lawyer Mark Miller has a special Guest Post at Legal
Underground today, with the Christmas question “Why Is It Them and Not Me?” As Americans, and
especially as working lawyers, we have it awfully good here compared to much of the world.
Okay, I think my spleen has been fully vented. It’s safe to come back here over the Holidays.
p.s. I was irked this week, when the director of Pro Bono Affairs for NYSBA told
me she disagrees with my disappointment over the pro bono participation of New York’s lawyers, and pointed me to this website to show how much is being done for the self-represented in this State. I suggested she take a look here to see what a State can do that truly cares about pro se litigants and equal access to justice. (Of course, I pointed to some of ethicalEsq‘s materials, too, such as Pro Bono is Not the Answer to the Access Problem.)
year’s end–
when will my turn come
temple bell?
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