f/k/a . . . the archives

August 31, 2004

before that first cup

Filed under: pre-06-2006 — David Giacalone @ 2:33 pm


past due gray

 





end of the holiday

a square of pale grass

beneath the tent

 

 


old mill stream

a bramble stalk

in perpetual motion

 


 


in English-Language Haiku  (Jim Kacian, Dee Evetts, eds. Red Moon Press, 2001)  

credit “end of the holiday” — Acorn 3

 

 




before that first cup:

sleepy-head fills the filter

with Metamucil



      [Aug. 31, 2004]

“coffee Cup neg”

one-breath pundit  







    • With panache, Ernie the Attorney notes Jack Valenti says ‘fair use is not in the law’.  Ernie calls it “bullheadedness,” but isn’t that what mouthpieces do — spin their client’s position, ignoring facts, law, equities?



    • Can a lawyer serve the client diligently, and be an “officer of the court,” while being “on the Judeo-Christian side of every issue.”  See article on Rev. Falwell’s Liberty University Law School — National Law Journal, Law and Religion“.

 

the inadvertant searchee

Filed under: pre-06-2006 — David Giacalone @ 12:59 pm













 

 

night in the hut
searching on the shelf…
katydid

 






 

Tisk, tisk!  No, I haven’t been cured of my Referer Madness, and I won’t go into detox.   Instead, I’m turning the obsession — backtracking from the f/k/a  Referer List to search-engine queries that bring hits to this website — into a new, frequently-updated  Feature, called TISK  [the inadvertant searchee and the katydid].

 

You’ll discover why [as with "stocking"] using “hogtied” at a dignified website might not be a good idea, and see how powerful weblog search-engine placement can be.

 

 

 


using his nose
the dog searches
the violets

 

 

    

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

August 30, 2004

alice in august

Filed under: pre-06-2006 — David Giacalone @ 12:33 pm












by Alice Frampton


berry branch flip


 

sultry afternoon–

biting into

the bargain cheddar

 





in English-Language Haiku  (Eds: Jim Kacian & Dee Evetts,

Red Moon Press, 2003) credit: The Heron’s Nest III:4

 

 

fire-side poetry -
I turn to warm the left side
of my brain

 



from world haiku & Raw NerVZ Haiku Volume VII No. 3













cheese flip

 






“MRI negative” –

the same

jolt of pain                        



[Aug. 30, 2004]










 

one-breath pundit  





    • VeriSign v ICANN antitrust suit rejected — the judge got it right (advice is not control)


    • They ain’t alway high art, but Mad Kane’s News Haikus are always fun.



      • as you know, “haiku” is both a singular and plural noun (Mad’s “Haiku Zoo”?)



    • The Albany, NY, Police Chief doesn’t understand the concept of “criminal intent.” (May It Please the Court takes him to task with its usual thoroughness.)



    • Please don’t forget SaveDafur.org

August 29, 2004

so-called defamation?

Filed under: pre-06-2006,Schenectady Synecdoche — David Giacalone @ 7:02 pm

breathless pundit

    • Romolo Versaci , an elderly Schenectady (NY) lawyer, has filed a $100,000 defamation suit
      against Diane C. Richie, an unemployed social worker and widow with two children.
      Versaci claims — and Richie admits — that she called him a “so-called attorney” on a
      SchenectadyNY.info message board. [read the rest of this story here]


what would Kobayashi Issa think of all this?


on the day of departure, too
she leads…
the widow goose





accusing the pine
of foolishness…
evening mist



translated by David G. Lanoue









gum balls



Update (Aug. 30, 2004): At Notes from the (Legal) Underground, straight-shooter Evan Schaffer has weighed in, with a rather telling headline: “But Make No Mistake: The So-Called Attorney Is a Real-Life, Lawsuit-Wielding, Good-for-Nothing Bully (IMHO),” and a raft of Comments.


Update (Aug. 31, 2004):  Overlawyer.com‘s overlord, Walter Olson posts on His So-Called Reputation. And,


  • On Sunday, Federalist #84, of the Crime & Federalism weblog, entered the fray, with a post entitled, Why Don’t You Sue Me, Tough Guy . In addition to agreeing to accept process at his L.A. law office, Fed. 84 says, “Way to carry the torch, Versaci. Way to highlight for all the United States that lawyers are good people, not sharks.”
  • Albany, NY, appellate lawyer, Matthew Lerner covers this tale at his weblog, New York Civil Law. Thanks back at ya, Matthew.
  • And Kevin Heller mentions it, and our understandilbly indescribable website, at The Blawg Channel.


 


summer through my fingers

Filed under: pre-06-2006 — David Giacalone @ 12:43 pm

 













boy writing flip

summer’s end
waves disappear
beneath the pier

 

 




mountain shadow
river water runs
through my fingers

 





credits: “summer’s end” - Crinkled Sunshine, HSA Members’ Anthology (2000)

“mountain shadow” – Acorn No. 5 (Fall, 2000), in a slightly different version












extra-long shower –

haiku moments

down the drain

                              [Aug. 29, 2004]

one-breath pundit  







    • Julia Child as a “temperamental conservative.”  See StevenTeles.  Why do ideologues reject the notion that basic human virtues reside within both “conservatives” and “liberals”? (via Bainbridge)
    • A Commission has been appointed to study all aspects of how Massachusetts provides legal services to the poor, including the pay of assigned counsel.   It will report findings by Feb. 1. (article, Springfield Republican, Aug, 28, 2004) 
    • Professors Painter and Brickman have completed their Point of Law dialogue on contingency fee reform.  It’s well worth a look.
    • Jim Moore writes well today on the Democrats’ Addiction to the Center.  Can Kerry win by choosing tactics over ideas and authenticity?  Have his tactical choices already doomed his campaign?

August 28, 2004

get a good translator

Filed under: pre-06-2006 — David Giacalone @ 5:57 pm














japan flag 


The quality of a translation from one language to another is often very important.  It can mean the difference between keeping an accused in jail and releasing him (see “US Judge Sets Bail for Terror Suspects After Translation Slip-Up” – where a Kurdish word was belatedly found to mean “brother” not “commander”, as the indictment asserted).   It can also turn classic Japanese haiku into awkward or antiquated poetry — or, make it as alive and effective as any modern haiku.

 

The anthology The Classic Tradition of Haiku. (Ed., Faubion Bowers, Dover Press, 1996) has been a

favorite of mine for years, because it’s priced at $2.00, and because it contains haiku from Japan’s greatest masters, translated by top-flight scholars in the field, with footnotes giving cultural and personal context to many offerings.   A special feature is the inclusion of more than one translation for many of the poems.  Grouping translations of the same poem together demonstrates how the attitude, era, and personality of the translator can greatly effect the final product and the reader’s experience. 

 

not equal blue   Below, you’ll find several translations of two haiku by Kobayashi Issa. (David G. Lanoue’s name will be familiar to our visitors, as his translations appear here regularly, especially in the SideBar’s “Tea Party with Issa”.  Lanoue’s translations are from his Issa website; the other translations in this posting are from The Classic Tradition of Haiku.)

 


tsuyu no yo wa tsuyu no yo nagara sari nagara

 

 

this world
is a dewdrop world
yes… but…

                              –  David G. Lanoue   

 

 

Life is but the morning dew, bards day;

‘Tis true, indeed, but well-a-day!

                                                       Asataro Miyamori -

 

 

The world of dew is, yes, a world of dew, but even so.

                                                                              - Hiroaki Sato

 

 

The world of dew

Is a world of dew, and yet

And yet . . .

                                           -  Donald Keene

 

 



ware to kite asobe ya oya no nai suzume not equal black 

 

come and play
with me…
orphan sparrow

                              David G. Lanoue

 

 


Oh, won’t some orphan sparrow come and play with me.

                                                                                   -  Max Bickerton

 

 


Come with me,

Let’s play together, swallow

Without a mother

                                         Donald Keene

 

 

















soap stings my eyes —

an eight-year-old face

flashes in the mirror

           

                                        [Aug. 28, 2004] 

 

one-breath pundit  





    • Speaking of translations, I wonder what the original versions of the books of the Bible actually said.   [see God's Secretaries]  Whether it originated in Texas or Canada, or is merely a myth, I’ve always loved the sublime ignorance in the quote “If English is good enough for Jesus, then it’s good enough for me!
    • Here’s my first sighting of the Massachsetts press calling the widespread refusals to take cases by “bar advocates” a “boycott” (rather than a strike or some strange coincidence) – Lawyer boycott sets wanted man free, Fitchburg Sentinel, by Matt O’Brien, Aug. 28, 2004.

      • National Law Journal has published a Letter to the Editor on the boycott, written by your Editor. [Aug. 30, 2004, subscrp. req'd, but here's my draft]

    • My town Schenectady is back in the news:  Andre Gainey, who was arrested for displaying a porno video from his Mercedes, was sentenced to three weekends in jail.  Gainey, who was found to have a suspended license, also signed the wrong name on the fingerprint card.   A light sentence for the “Chocolate Foam” man

get a good translator

Filed under: pre-06-2006 — David Giacalone @ 5:57 pm














japan flag 


The quality of a translation from one language to another is often very important.  It can mean the difference between keeping an accused in jail and releasing him (see “US Judge Sets Bail for Terror Suspects After Translation Slip-Up” – where a Kurdish word was belatedly found to mean “brother” not “commander”, as the indictment asserted).   It can also turn classic Japanese haiku into awkward or antiquated poetry — or, make it as alive and effective as any modern haiku.

 

The anthology The Classic Tradition of Haiku. (Ed., Faubion Bowers, Dover Press, 1996) has been a

favorite of mine for years, because it’s priced at $2.00, and because it contains haiku from Japan’s greatest masters, translated by top-flight scholars in the field, with footnotes giving cultural and personal context to many offerings.   A special feature is the inclusion of more than one translation for many of the poems.  Grouping translations of the same poem together demonstrates how the attitude, era, and personality of the translator can greatly effect the final product and the reader’s experience. 

 

not equal blue   Below, you’ll find several translations of two haiku by Kobayashi Issa. (David G. Lanoue’s name will be familiar to our visitors, as his translations appear here regularly, especially in the SideBar’s “Tea Party with Issa”.  Lanoue’s translations are from his Issa website; the other translations in this posting are from The Classic Tradition of Haiku.)

 


tsuyu no yo wa tsuyu no yo nagara sari nagara

 

 

this world
is a dewdrop world
yes… but…

                              –  David G. Lanoue   

 

 

Life is but the morning dew, bards day;

‘Tis true, indeed, but well-a-day!

                                                       Asataro Miyamori -

 

 

The world of dew is, yes, a world of dew, but even so.

                                                                              - Hiroaki Sato

 

 

The world of dew

Is a world of dew, and yet

And yet . . .

                                           -  Donald Keene

 

 



ware to kite asobe ya oya no nai suzume not equal black 

 

come and play
with me…
orphan sparrow

                              David G. Lanoue

 

 


Oh, won’t some orphan sparrow come and play with me.

                                                                                   -  Max Bickerton

 

 


Come with me,

Let’s play together, swallow

Without a mother

                                         Donald Keene

 

 

















soap stings my eyes —

an eight-year-old face

flashes in the mirror

           

                                        [Aug. 28, 2004] 

 

one-breath pundit  





    • Speaking of translations, I wonder what the original versions of the books of the Bible actually said.   [see God's Secretaries]  Whether it originated in Texas or Canada, or is merely a myth, I’ve always loved the sublime ignorance in the quote “If English is good enough for Jesus, then it’s good enough for me!
    • Here’s my first sighting of the Massachsetts press calling the widespread refusals to take cases by “bar advocates” a “boycott” (rather than a strike or some strange coincidence) – Lawyer boycott sets wanted man free, Fitchburg Sentinel, by Matt O’Brien, Aug. 28, 2004.

      • National Law Journal has published a Letter to the Editor on the boycott, written by your Editor. [Aug. 30, 2004, subscrp. req'd, but here's my draft]

    • My town Schenectady is back in the news:  Andre Gainey, who was arrested for displaying a porno video from his Mercedes, was sentenced to three weekends in jail.  Gainey, who was found to have a suspended license, also signed the wrong name on the fingerprint card.   A light sentence for the “Chocolate Foam” man

August 27, 2004

it’s the humidity

Filed under: pre-06-2006 — David Giacalone @ 10:43 am

umbrella

Key West heat–
the kitchen staff’s
chained bicycles
after the storm
he is rich in umbrellas–
the homeless man
umbrella vert
credits:  “Key West heat” – edge of light; wha; Frogpond XXII:3 (1999)


“after the storm” – wha; Point Judith Light (Fall 1998)















just below


the “riverview apartment”


ten ripe garbage cans



[Aug. 27, 2004]




one-breath pundit


web-weary warrior limps home triumphant

Filed under: pre-06-2006 — David Giacalone @ 12:08 am


computer weary  Only weblogs could have produced the whirlwind of argumentative and illuminating give-and-take, and camaraderie, that I’ve experienced the past two days, in a trialogue involving George Wallace of Declarations & Exclusions, Martin Grace of a tort et a travers (yes, it sounds like a dessert at Saratoga Racetrack), and myself.   We even had email input from Overlawyered‘s overseer, Walter Olson, whose WLJ op/ed had inadvertantly fanned the fires.

 


[see the rest of this posting here]

 

 

tired of feeding
on the horse
the horsefly naps


 from Kobayashi Issa, translated by David G. Lanoue  

August 26, 2004

cemetery stroll

Filed under: pre-06-2006 — David Giacalone @ 12:09 pm


















drought

graveyard grass

still green

 

 

sweltering twilight

    a waft of cool air

from the graveyard


 


(Brooks Books, 2000) 









 
“welch22reading” m.d.welch







the old dog
leads the way…
visiting graves

 

 

from the grave
and from the flowerpot…
skylarks!

 

translated by David G. Lanoue


 

with dagosan 



the groom’s family poses

at the bride’s

family plot

 

 [Aug. 26, 2004]

 

checker red one-breath pundit  









    • What you can do about Dafur: Get tips and addresses for writing world and national leaders, or
      letters to the editor.  The U. N. meets on Dafur next week.





    • Yesterday, Scheherazade asked “Are You a Religious Person?” — an interesting discussion that gave me the chance to leave a quote from Doubt: a History that I find very helpful (you can also read it here)




    • Now they tell me! “Generation X and The Millennials: What You Need to Know About Mentoring

       the New Generations” (Law Practice Today, Aug. 2004)





    • Check out Robert Ambrogi’s new feature: Five-Star Site of the Day.





    • May It Please the Court:  has a great quote of the day from Oscar Wilde:









            • Selfishness is not living as one wishes to live,

              it is asking others to live as one wishes to live.

August 25, 2004

Sudan needs your help now

Filed under: pre-06-2006 — David Giacalone @ 5:49 pm










genocide now download this poster


 


What is happening in Darfur? Let us not say we did not know.


We know and we must do something. Let us speak up and speak out against


the atrocities in Darfur. Those dying are God’s children.


They are our sisters and brothers. Let us act now before it is too late.


              – Archbishop Desmond Tutu, June 7, 2004


 

You can download this poster, and an accompanying fact sheet.

[Copyright 2004 Passion of the Present]

Thanks to Jim Moore, Katrin Verclas of Passion of the Present

and Greg Moore of Blockstreetandbuilding.com.

 

 


 

watching the women

Filed under: pre-06-2006 — David Giacalone @ 5:01 pm

graduates


I’ve been greatly enjoying William Martin‘s novel Harvard Yard, which asks whether William Shakespeare brought

John Harvard’s parents together and bequeathed to them a secret play.  The novel also features the feisty character

Lydia Wedge, who was insisting at the start of the 19th Century that Harvard admit women.  Lydia would have loved

the news in the September-October 2004 edition of Harvard Magazine (soon available at the site):




Gender Milestone:  For the first time, slightly more women than men will

enroll in the cohort of students entering Harvard College, making the class

of 2008 an historic group even before they begin their studies.

Mrs. Wedge, who is told in the novel that women are already being trained for teaching, the role to which their

intellects are best suited, might have smiled at the article “Blackboard Brain Drain.”    The findings of economics Professor

Carolyn Hoxby are summarized: “high-aptitude women” have turned away from teaching, both because other fields are

now open to them and because the flat wage schedules preferred by unions do not reward excellence.

 


briefcase women neg small

 


 

In the early 1800′s, like the fictional Lydia Wedge,

Kobayashi Issa was contemplating women’s roles: 


 

Great Japan!
a woman, also
digs with the plow

 

 




in the spring breeze
they’re out to watch the women…
women!

 

 


women also
are Twelfth Month singers…
our Great Age!

 

 




flitting firefly–
don’t get tangled
in women’s hair!
 

translated by David G. Lanoue   












briefcase women neg small flip

p.s.  Sorry, Rufus, if the above title lured you here under false pretenses. As Evan

might say, if you came here looking for T&A, “keep moving.”  Or, as

Beldar and Arnold  put it, “just move on.” [But, come back soon!]

 

far from darfur

Filed under: pre-06-2006 — David Giacalone @ 6:08 am









 

 

far from home
an empty swing
half my size

hands stained

with tiger ilies

all day this heat









swings gray

 

 


credits:  “hands stained”: South by Southeast 5:1

  “far from home”: (for Anita Virgil) from A New Resonance 2:  

  (Red Moon Press, 2001), and Frogpond XIX:3 (1996)

 

 




their babies

never cry

never stop crying        



[Aug. 25, 2004]                                



 

 

don't forget tack . . . . . .  Join the Sudan Day of Conscience, today! August 25th    (see why it’s important) . . . . . . don't forget tack




    • State Dept. Report: Pattern of Atrocities in Sudan.  (NYT, Aug. 25, 2005)

 

August 24, 2004

we was robbed

Filed under: pre-06-2006 — David Giacalone @ 4:32 pm

 



scream4more  . . .  politics aside, this is brilliant fun.  thank you John Aravosis at AmericaBlog.


(thanks to Fool in the Forest  for a great Munch post & Futurballa‘s Rick Coencas for the pointer)  


 


 


broken plum branch–
“They’ve stolen another one!”
he yells


from Kobayashi Issa, translated by David G. Lanoue  


p.s.  First it was Referer Madness, now it FaganFinder’s URL Info.  Thanks a lot, Dennisooh


 one-breath pundit  





    • Prof Grace   Prof. Martin Grace seems too smart to be so wrong about antitrust law and the McCarran-Ferguson Act.  Is this a studied ignorance?  No objective antitrust expert believes antitrust would prevent insurers from sharing loss data.  (See my extensive Comments here.)



      • Which reminds me: why do so many “right-minded” law professors have no Comment function on their weblogs?  For the same reason they fight so many straw men?  


    • Update (Aug. 25, 2004): Prof. Grace has a graceful reply, agreeing with my antitrust analysis, at his weblog today, headlined Studied Ignorance, and dubbing f/k/a  his “first critic!”   This raises a bigger question: How can someone so [er] “eminent” avoid criticism for so long (besides turning off Comments)?   Maybe the Strawmen have a theory.  See additional explanatory comments on data collection and antitrust by me here and there.


    • Update II (Aug. 26, 2004):  This tri-alogue (Wallace, Grace and Giacalone — with a dash of Olson and Copland) continued today, with Wallace and Grace shifting their arguments a bit, but still being outflanked by Giacalone (really).  Check out the new Comments here and here.  Giacalone accuses Grace of FAFOFA — Falsely Accusing Foes Of False Accusations.


 

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