Issa gets all the space around here, but I also admire and enjoy
the haiku of the two other great classical Japanese haijin, Basho and Buson. As
the harvest moon wanes, I want to share an example of moon haiku from each of
them. (The first one presented here, from Buson, was the very first haiku that
I went around quoting to friends — to demonstrate just how wonderful haiku can be.)
Such a moon–
Even the thief
pauses to sing.
Harvest moon–
walking around the pond
all night long
and a non-lunar Basho bonus:
Year after year
on the monkey’s face
a monkey face
last load washed
the dryer won’t start
[bleep!]
[Sept. 30, 2004]
one-breath pundit
Catholic Church’s Index of prohibited books. And since politics are everywhere, I wonder how
being a libertarian squares with being a devout Catholic. Sincere inquiries from an apostate.
I wonder if Sun Microsystem’s president-blogger Jonathan Schwartz, or journalist David Kirkpatrick,
has found a way to figure out how many actual people “read” Jonathan’s site (they claim 35,000 a
Update: In response to our recent post, Dennis Kennedy was kind enough yesterday to email me a lengthy explanation for the decision not to include any items from ethicalEsq in a list of materials on alternative billing by lawyers that he and Tom Mighell, composed for the current edition of Law Practice Today, which focuses on alternative billing. I want to clarify that my reason for wanting this weblog to be included on the LPT link list is the different perspective it brings to the topic of alternative or value billing, as compared to the cheerleading found in virtually all other materials, which do not tend to deal with legal ethics or reducing legal fees. Although I did not find Dennis’ explanation to be fully satisfactory, I must note that the Trackback problem at Dennis’ site has been (more than) remedied — thanks, DMK!
haiku heavyweights 
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This is Banned Books Week, and a good time to be thankful for our freedom of expression and
vigilant in guarding that right. Of course, our right to read or write a book is greater than our right
to have that book available at a public library. The American Library Association’s theme for BBW 2004
is Elect to Read a Banned Book. Find out more about banned and challenged books here.
Since the weblog world loves lists, why not let us know how many of the most-challenged books
since 1990 you have read? [Only six for me.] Click here to see the top twenty from 1990 – 2000 (the ALA
lists the top 100), and this year, plus the reasons for the challenges.
- thanks to j baumgart for reminding us of this very important theme
Yes, George, I’m filling in for you again. Get back to your Forest, please.
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It is indeed a wild world — on the heels of Cat Stevens’ deportation, we have hit-meister Phil Spector indicted for murder and the Montreal Expos threatening to bring their hitless brand of baseball to Washington, D.C.
With George Wallace too distracted (by deadlines and billable hours) to post on these topics at Fool in the Forest, the many former editors of this weblog have decided to offer a little commentary. [Click here, if you dare.]

all day rain
on the playing field
a stray dog
… by Tom Painting , from A New Resonance 2: Emerging Voices
As Kobayashi Issa knows,
where there’s people
there’s flies
and Buddhas
translated by David G. Lanoue
shake your 
This past Sunday (Sept. 26, 2004), the New York Times “weddings” page featured three
the Times article told the story of their courtship and resulting wedding on September 18th.
In our guest poet archive, you can find links to postings that feature Roberta, a lawyer-poet who works in
D.C. Many of her haiku reflect a journey from divorce through nurturing a new trust upon which to build a new marriage. Congratulations and best wishes to Roberta and Frank (you lucky guy!).
school photo
the frown my sister
grew into
family picnic
the new wife’s rump
bigger than mine
the poet-bride . . .
thanks a lot,
clouds -
no moonshadow tonight
[Sept. 29, 2004]
harvest moon
on a clear, rainless night
elsewhere!
one-breath pundit
Among other things, Tom Mighell was kind enough today to point us all to The
will officially change its name to — drum roll — “ALM “on October 1st. I can’t tell you how
much we need another bland, meaningless acronym. Surely, it represents the pulsing
creativity and integrity of panoply of ALM publications and services. Check here for
other meanings of the ALM acronym (I like “a la mode” and “application Loadable Module”).
Dear Political Fundraisers of All Stripes: Please read Prof. Bainbridge‘s online missive (Sept. 29) to the National Republican Senatorial Committee and draw the proper conclusions and analogies to your own tactics. Also, stop trying to fool me with addressing script that looks like handwriting, and offering me credit cards from companies famous for ripping off folks who have poor credit. ‘Nough said (I wish).
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Yusuf Islam, f/k/a Cat Stevens, has penned an op/ed piece appearing in today’s Los Angeles Times (Sept.28, 2004), in which he describes his trip last week to the U.S.A. and instant deportation. “Something Bad Has Begun: The former Cat Stevens says he hasn’t changed but the U.S. has.” Islam says “I am a victim of an unjust and arbitrary system, hastily imposed, that serves only to belittle America’s image as a defender of the civil liberties that so many dearly struggled and died for over the centuries.” Click here for other important excerpts.
Although it’s off-topic, we’ve been following this story for a week (see here and here) — probably because of our long affection for the music of Cat Stevens. So far, Mr. Islam’s explanations seem far more plausible than the charges against him — whether new or regurgitated. I also believe we should listen closely to Privacy International’s concerns about the overly intrusive nature of the US-VISIT system.
in this world
among insects too…
good singers, bad singers
by Kobayashi Issa, translated by David G. Lanoue
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fall twilight–
my brother going out
long
September dawn
the almost silent lap
of river oars
(Edited by Jim Kacian and Dee Evetts, Red Moon Press, 2001)
just before
the pale orange moon
a bright orange sky
[Sept. 28, 2004]
one-breath pundit
Let me raise my small voice to protest the breach of confidentiality by the 2000 Supreme Court law clerks regarding Bush v. Gore. Only illegality or unethical judicial conduct could possibly justify violating the confidentiality between clerk and court — and Vanity Fair would surely not be the proper forum. (see law.com; via Legal Reader)
Overlawyered.com points to a telling column in the Boston Globe, Why the 9/11 fund was a mistake. Besides all the greed and deceit, Jeff Jacoby echoes my feelings: “To begin with, there was the injustice of having the feds bestow multimillion-dollar jackpots on the Sept. 11 families when countless other families struck by tragedy get nothing.”
Today’s TISK! update reveals where f/k/a stands on passive lying by lawyers, contingency fee ethics, Stanley Fish, the dreaded “haiku syllable myth,” and more.
A hat tip from this “liberal” competition-consumer advocate to
Prof. Bainbridge, for his stance on importing drugs from Canada. Beyond the conservative opponents, I wonder who the Democrats opposing importation think they are protecting.
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Here’s another bountiful crop of harvest-moon haiku dedicated to our weblog colleagues.
for haiku lover Robert Ambrogi of LawSites
in the harvest moonlight
unruffled, unaffected
scarecrow
hazy night–
sake is flowing
waterfall and moon
on one knee
the moonlight…
frog in the evening
for the long-overdue Stuart Levine at TaxBizLaw
the moon at your feet
look! look!
croaking frog
for soloist supreme Carolyn Elefant of MyShingle
if only she were here
for me to nag…
tonight’s moon!
departing geese
where will you moon-gaze
tomorrow?
a lucky fox
deigns to bark…
hazy moon
spooning up soup
and bringing forth
the moon
scolding
vain man…
the autumn moon
my hut’s mosquitoes
go out to make a living…
dusk moon
“Gimme that harvest moon!”
cries the crying
child
tonight’s moon–
how many mountains resemble
the ones back home?
do you shine
so I’ll steal the plum blossom
moon?
the defeated wrestler, too
joins the crowd…
bright moon
granny comes
drinking her sake…
a moonlit night
under my bottom
the stone warms up…
moonlit night
holding up
the hazy moon…
willow tree
harvest moon
on a clear, rainless night
elsewhere!
for lawyer-poet >Deborah Sirotkin Butler
glimpsing the moon
over my home village…
also brings tears
- click here for over a hundred autumn moon haiku by Kobayashi Issa
- many thanks to the translator, author-poet, professor David G. Lanoue
- see our tribute to the October Hunter’s Moon, a/k/a Blood Moon, here.
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one-breath pundit [with update]
Yes, like Horace, we know that “Even the worthy Homer sometimes nods.” (cf. A. Pope)
Along with LPT, check out our favorite relevant postings, replete with questions, opinions, links:
Update (Sept. 28, 2004): Maybe this forgetfulness is more Pope [ "Those oft are stratagems which errors seem, Nor is it Homer nods, but we that dream"] than Horace. Dennis Kennedy isn’t accepting my trackback pings from this post. Let us (and Dennis) know whether you find our treatment “useful.”
Update (Sept. 30, 2004): In response to this post, Dennis Kennedy was kind enough yesterday to email me a lengthy explanation for the decision not to include any items from ethicalEsq in the list compiled for Law Practice Today. I want to clarify that my reason for wanting this weblog to be included on the LPT link list is the different perspective it brings to the topic of alternative or value billing, as compared
to the cheerleading found in virtually all other materials — which do not tend to deal with legal ethics or reducing legal fees. Although I did not find Dennis’ explanation to be fully satisfactory, I must note that the Trackback problem at Dennis’ site has been (more than) remedied — thanks, DMK!
cuckoo
what did you forget?
retracing steps
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Master Issa and haikuEsq interrupt your weblogging to remind you to look up and enjoy the Harvest Moon tonight and the next three nights. We’ll be dedicating a sampling of autumn moon haiku to various weblog friends and colleagues for the next few days (all haiku by master Japanese poet Kobayashi Issa, translated by author-poet, professor David G. Lanoue):
trying and trying
to grasp the harvest moon–
toddler
for Wm. J. Dyer of Beldar fame
aiming their butts
at the moon…
rice field geese
harvest moon-gazing
priests, samurai
merchants
the thief
is just as he is…
hazy moon
harvest moon–
on a stone a teacup
filled with sake
harvest moon–
when my heart’s had its fill
it’s dawn
the mountain moon
gives the blossom thief
light
on the moonlit spider web
an evening
cicada
bright moon–
in a little thicket too
a festival!
on the river back home too
no doubt…
moon gazing
which of you owns
that red moon
children?
the sake gone
time to buckle down
and moon-gaze
harvest moon–
wherever you are
someone’s annoyed
overly helpful–
the harvest moon
eclipse critic
after renting the house
the first thing: moon gazing
twice
in the harvest moonlight
unruffled, unaffected
scarecrow
for Rick Klau at tins
harvest moon–
my lap would be a pillow
if my child were here
for Prof. Bainbridge at his eponymous weblog
harvest moon–
the peddler selling
eight cent sake
hey boatman
no pissing on the moon
in the waves!
for Dennis Kennedy of the snazzy new DMK.com
the Man on the Moon
looks to be about
13
for John F. Kerry:
harvest moon–
going out
going back in
with the moon out
it seems to shrink back…
little mountain
for editor-emeritus Prof. Yabut:
on harvest moon night
greeting the moon…
with snores
rave reviews
for the lighting crew -
harvest moon
[Sept. 27, 2004]
We collect more Harvest Moon haiku here and there.
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my wardrobe
full of faded clothes
Monday morning
community play
a small boy peeps under
the makeshift curtain
in English-Language Haiku (Jim Kacian, Dee Evetts, eds. Red Moon Press, 2001)
bathroom
exhaust fan
exhausted
one-breath pundit
are more likely than non-viewers to know candidate’s positions and backgrounds? A joke is
Will everyone who has NOT made a bad Cat-Stvens-song-title pun in the past 5 days please raise
their hand? The rest of us need to exercise more discipline and creativity.
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[click here for full-color photo-poem]
a table for one–
leaves rustle
in the inner courtyard
first cold night–
smell of hot dust
from the vent
[click here for full-color photo-poem]
A.M.
scat, sun
clouds, too!
harvest moon comes tonight
P.M.
harvest moon
over Wal-Mart –
schlepping groceries
[Sept. 26, 2004]
one-breath pundit
Saratoga Springs, NY, has a fresh approach to choosing a “community novel,” which they hope will be read by the entire City in 2005 – let the community itself choose “a single novel rich enough to sustain invigorating dialogue.” After starting this Spring with more than 100 titles, ballots from the public have narrowed the list to five novels, with the final Saratoga Reads! title to be chosen in further voting that ends on October 10th.
The final five books are:
Nobody’s Fool, by Richard Russo
Pride and Prejudice, by Jane Austen
Ragtime, by E.L. Doctorow
The Golden Compass, by Philip Pullman
The Kite Runner, by Khaled Hosseini
The public can vote online or at one of several polling stations in town.
Marci Oddi has fascinating coverage at her Indiana Law (we)Blog on the tension between privacy, security and access to public records created by aerial mapping/photography.
Another TISK! update finds f/k/a Home Alone in Little Conversations” reflecting on bariatrics Gosh, Jerry, maybe it’s too easy for weblogs to get #1 ratings from Google et al.
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one-breath pundit
Time magazine reports that a spelling error caused the deportation of Yusuf Islam, f/k/a Cat Stevens, perhaps confirming our doubts:
“According to aviation sources with access to the list, there is no Yusuf Islam on the no-fly registry, though there is a “Youssouf Islam.” The incorrect name was added to the register this summer, but because Islam’s name is spelled “Yusuf” on his British passport, he was allowed to board a plane in London.” (emphasis added)
the gang that couldn’t spell strait!
Update (8 PM): Dan Carlson of the Indianapolis Star has an interesting column today, titled “Followed by a goon shadow.” Carlson says
“They can’t find Osama bin Laden, but they’ve saved us from Cat Stevens.”
“Tied to terrorists? Well, “ties” can be about anything when the government doesn’t have to spell them out.”
“Is this the world’s mightiest force for liberty going about its noble work, or is this Colonel Klink of Stalag 13 with computers and opinion polls?”
p.s. to UCL: I promise not to gloat about this until all (or enough of) the facts are in.
the stray cat also
picks this inn…
bush clover blooming
I sing the praises
of my fly-catching
housecat!
. . . . . . . 
md. v. jd? 
world of pain–
and the cherry blossoms
add to it!
one-breath pundit
Sept. 25, 2004), billed as a talk with Frank Cross, Michael McCane, and Overlawyered’s Walter Olson
on the “link between litigation and the economy.” I think the ”litigation does more good than bad”
guys won this skirmish.
If you haven’t followed the sparring at Point of Law on Tort Reform and the Election, I urge you to
do so. Physician Ron Chusid (for Kerry) and Lawyer Ted Frank (for Bush) both have stamina,
but no knockout punch. We recently asked for a better definition of “frivolous lawsuit,” and the meritorious topic was considered by both Ted and Ron.
Check out Lessig vs. Tucker at the Legal Affairs Debate Club, on whether being a Trial Lawyer hurts John Edwards in the election. (via Ernie) — Champion of the underdog or shark in a suit?
Three things that pain me but seem to have no cure: (1) the idea that physicians and lawyers are natural enemies; (2) the purchase of the Democratic Party by Trial Lawyers, Inc.; and (3) the Republican Party’s blanket condemnation of “trial lawyers” and simplistic approach to tort reform.

sunrise
I forget my side
of the argument
calmly talking divorce
under the crackle
of fallen leaves
no coffee brewing
no scent of love
to wake the hermit
[Sept. 25, 2004]
one-breath pundit
A discussion of lawyer bullies can be found at Notes from the (Legal) Underground. . . . .
. . . .
Does the English language have a collective noun for “nieces and nephews”? (“terrorists” doesn’t count)
Although George Wallace seems to revel in them, I’m still not sure I approve of judges who can’t resist ”the
temptation to wax scholarly and poetical” in their opinions. And, please, save me from cutesy precedent.
Let’s Ban This Now: An article in today’s Schenectady (NY) Daily Gazette (subscript. only) raves about CarXPC, which is developing a “computer which has been designed specifically for in-vehicle use. ” The monitor mounts right next to the dashboard and all Windows XP applications are supported (more).