This Letter to the Editor, was published by The National Law Journal
08-30-2004
To the Editor:
Don’t raise advocates’ pay through coercion
The article, “Citing low pay, lawyers refuse indigent cases” [NLJ, Aug. 23, Page 4], on the Massachusetts bar advocates, left out a very important point: As independent sellers of legal services in private law practices, assigned counsel are not permitted under federal antitrust laws to act together to force a buyer of their services (e.g., the state and its taxpayers) to increase fees.
In 1990, the U.S. Supreme Court heard all the same arguments made now by the bar advocates, in a case involving indigent defense counsel in Washington. The court rejected each of the reasons for the so-called “strike,” and declared that a group boycott aimed at increasing fees is a clear violation of the antitrust laws. FTC v. Superior Court Trial Lawyers Assn. (1990). [See http://blogs.law.harvard.edu/ethicalesq/stories/storyReader$1954].
Whatever a “fair fee” might be, it should not be the result of unlawful, unethical, coordinated pressure on the courts and the legislature by “officers of the court.” Yes, politicians should set a fee level that takes into account the long-term effects on the supply and quality of legal services. But they should not have to act under the gun of coercive, collective refusals to deal, which have created an avoidable crisis.
David A. Giacalone
Schenectady, N.Y.
This Letter to the Editor, was published by The National Law Journal
08-30-2004
To the Editor:
Don’t raise advocates’ pay through coercion
The article, “Citing low pay, lawyers refuse indigent cases” [NLJ, Aug. 23, Page 4], on the Massachusetts bar advocates, left out a very important point: As independent sellers of legal services in private law practices, assigned counsel are not permitted under federal antitrust laws to act together to force a buyer of their services (e.g., the state and its taxpayers) to increase fees.
In 1990, the U.S. Supreme Court heard all the same arguments made now by the bar advocates, in a case involving indigent defense counsel in Washington. The court rejected each of the reasons for the so-called “strike,” and declared that a group boycott aimed at increasing fees is a clear violation of the antitrust laws. FTC v. Superior Court Trial Lawyers Assn. (1990). [See http://blogs.law.harvard.edu/ethicalesq/stories/storyReader$1954].
Whatever a “fair fee” might be, it should not be the result of unlawful, unethical, coordinated pressure on the courts and the legislature by “officers of the court.” Yes, politicians should set a fee level that takes into account the long-term effects on the supply and quality of legal services. But they should not have to act under the gun of coercive, collective refusals to deal, which have created an avoidable crisis.
David A. Giacalone
Schenectady, N.Y.
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.
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.
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…
Life is but the morning dew, bards day;
‘Tis true, indeed, but well-a-day!
The world of dew is, yes, a world of dew, but even so.
The world of dew
Is a world of dew, and yet
And yet . . .
ware to kite asobe ya oya no nai suzume 
come and play
with me…
orphan sparrow
Oh, won’t some orphan sparrow come and play with me.
Come with me,
Let’s play together, swallow
Without a mother
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
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.
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.
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…
Life is but the morning dew, bards day;
‘Tis true, indeed, but well-a-day!
The world of dew is, yes, a world of dew, but even so.
The world of dew
Is a world of dew, and yet
And yet . . .
ware to kite asobe ya oya no nai suzume
come and play
with me…
orphan sparrow
Oh, won’t some orphan sparrow come and play with me.
Come with me,
Let’s play together, swallow
Without a mother
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
