f/k/a . . . the archives

December 31, 2004

leaning back

Filed under: Haiku or Senryu,pre-06-2006 — David Giacalone @ 11:46 pm

icicles drip on the sill
   a pile of bills waiting
        to be paid
 

 

leaning back
in their chairs
old 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 

snow buddha – just enough

Filed under: Haiku or Senryu,pre-06-2006 — David Giacalone @ 12:14 am

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.”]

buddha 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.]

HappySnowBuddhaS 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.

snowBuddhaChadGS 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 Buddha

first snow
making a Buddha of you
is hard too

a sparrow chirping
in his lap…
snow Buddha

naughty child–
instead of his chores
a snow Buddha

he’s holding one
snowball…
the Buddha

guard the haiku
I beseech you!
snow Buddha

Kobayashi Issatranslated 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

Filed under: pre-06-2006 — David Giacalone @ 10:39 am

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)















 
new snowman –

the scarecrow  

hatless          

                              [Dec. 30, 2004] 



tiny check 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.

 

tiny check Like Prof. Orin Kerr at VC, I find the term “Constitution in Exile” to be pejorative.  The phrase

conjures up deposed monarchists hoping to return someday in glory.

 

tiny check As I noted over at Evan‘s place this morning, discussing Anonymous Lawyer, the satirist is

(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 fail gray s

    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!

quote marks left  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.

 

tiny check Last night, Charlie Rose interviewed William A. Sahlman of the Harvard Business School.  Charlie’s
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

December 29, 2004

52nd week blues?

Filed under: pre-06-2006 — David Giacalone @ 7:07 pm








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,   kinky dvd

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 


rook horiz rook horiz  Please give generously to your charitable fund of choice for Tsunami Relief

more paul m, less polemics in 2005

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

. . . a resolution I plan to keep.

 




first light

a grouse stepping

around snow

 








first blossoms

my cell phone

set to vibrate

 

paul m.                                                                                                            fireplace

credits:  “first light” – from A New Resonance 2: Emerging Voices; Snapshots

“first blossoms” from Walking the Same Path; Heron’s Nest VI:4



 













back home with

new Christmas memories –

and mom’s flu 

                                               [Dec. 29, 2004]

Ana1984   one-breath pundit  










  • Congratulations to the residents of Morrow County, Ohio, who have just hired Ana Colon Aebi   Ana2004

    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!

December 28, 2004

christmas in wales (with Matt, not Jonah)

Filed under: pre-06-2006 — David Giacalone @ 2:49 pm

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

                                   

 

 


 

blazer  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)

 

 




children awash

in christmas gifts –

tsunami on tv

 



      [Dec. 28, 2004]













 

one-breath pundit   



jack in the box  Yesterday, Scheherazade answered Yeoman‘s questions about anonymous blawgers.  

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.

tiny check Eugene Volokh wonders about the context of a 1977 Report to U.S. Commission on Civil

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.

 

tiny check Instapundit and SoCalLawyer are raving about Hugh Hewitt‘s book Blog.  I like Glenn

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.

 


tiny check  Wikipedia asks whether it is appropriate for there to be a listing in its encyclopedia

for the term Christmahanukwanzaka. (via j’s scratchpadI wonder how Prof. B would vote.  In

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.

 

tiny check The New York Times is correct:  Doctors should get a lot of the blame for putting patients Rx

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 >>









 

why the unholy silence on faith-based law schools?

Filed under: pre-06-2006 — David Giacalone @ 1:15 pm

I’ve been surprised that so little has been written on faith-biased legal education     torah

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 postreligious 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

 

commandments  Kobayashi Issa translated by David G. Lanoue 

December 27, 2004

the heedless snowman

Filed under: pre-06-2006 — David Giacalone @ 1:44 pm

Holiday Bonus: I found a few more George Swede haiku in my Christmas Stocking


coldest day of the year
the lone skater laps
his breath

ice-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 .. snow pile


by dagosan:

coins inside walnuts -
great-grandchildren
cracking a smile


[Dec. 27, 2004, for Grandpa Bart]

one-breath pundit

coyote moon small 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.

 

 

tiny check Mike Cernovich has been thinking about Blogger Ethics in the context of lawstudents writing on their weblogs about law professors. But, other than the question of privacy expectations, Mike’s hortatory “should” advice comes down to don’t do it, because your professor might retaliate. This approach doesn’t even rise to the status of etiquette,much less ethics, which has to do with right and wrong, obligations and duty. For the record: CYA and Lawyer Suicide Avoidance Tactics (LSAT) are not Ethics.

 

  • 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.

 

tiny check  Overlawyered.com‘s update on the California case of Rinaldi v. Pisano notes that an holy family

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

Filed under: pre-06-2006 — David Giacalone @ 11:59 am










sleet against the window

at last mother threads

the needle


on the bus

the teenager pulls out a mirror

and adjusts her pout

 

 

starXmasN

 

the frozen breaths

of the carolers   disappearing

among the stars

 

 



 



by dagosan:  






cross words over turkey

over parenting–

the Yule log burns


                              [Dec. 26, 2004]

 




   Despite his unusual momentary lack of insight — saying “I’ve turned down

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.




galaxy  George Wallace has a photo of a twirling galaxy as his Christmas post.  Nice.

 

tiny check  He’s tenured and temperate!  He’s academic and acidfree.  He’s gifted and gracious.   Who else   “prof grace”

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.]

dec. 26, adjusting a pout

Filed under: pre-06-2006 — David Giacalone @ 11:59 am










sleet against the window

at last mother threads

the needle


on the bus

the teenager pulls out a mirror

and adjusts her pout

 

 

starXmasN

 

the frozen breaths

of the carolers   disappearing

among the stars

 

 



 



by dagosan:  






cross words over turkey

over parenting–

the Yule log burns


                              [Dec. 26, 2004]

 




   Despite his unusual momentary lack of insight — saying “I’ve turned down

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.




galaxy  George Wallace has a photo of a twirling galaxy as his Christmas post.  Nice.

 

tiny check  He’s tenured and temperate!  He’s academic and acidfree.  He’s gifted and gracious.   Who else   “prof grace”

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.]

December 25, 2004

haikuEsq likes slippery slopes, too

Filed under: pre-06-2006 — David Giacalone @ 9:16 am

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

 

                                                                                                                                                   SantaDudeNeg

 



by dagosan:






a sleigh-shaped cloud

floats by -

Christmas morning blue sky   

                                                        [Dec. 25, 2004]       

 

 







    • “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.

December 24, 2004

the day before the Holiday a/k/a Christmas

Filed under: pre-06-2006 — David Giacalone @ 11:48 am

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]       

 

 






    • Who’s the Scrooge? the person upset over being greeted with

      a heartfelt “Happy Holidays” or the greeter wanting to bless

      Americans of all religious persuasions.  Easy answer for us.




    • 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.


 

santaList  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)


 

                                                                                                                                                       starXmas

December 23, 2004

it’s about the journey

Filed under: pre-06-2006 — David Giacalone @ 10:39 am

It’s a travel day for millions, including the f/k/a “gang.”  If you’re heading   exit

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

one-breath pundit  





    • 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 

exit f

December 22, 2004

burning the YuleBlog

Filed under: pre-06-2006 — David Giacalone @ 12:37 pm

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

 

ooh neg   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]


 

 

 


Snow tapering off . . .

at the graveyard, one tombstone

leans on another

 









Moon slipping out of clouds–

the scent of smoke

from mountain forest fires

 

 

An obituary

circled in the newspaper–

pale winter moon

 

 



credits: “An obituary”  – edge of light  (Red Moon Anthology 2003); Acorn 10

“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

 





wolf dude neg 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.

 



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

           Kobayashi Issa
                 translated by David G. Lanoue


 

 

tiny check “So, Our Chances Are 50-50″ Not!   Q: What’s more annoying than clients who think “we could win or

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. 


 

at the sunset bell
one ear plugged…
winter quilt

                     Kobayashi Issa
                                    translated by David G. Lanoue

 

Bell-Ringing Santa Judge Gets Gonged  Florida ‘s judicial ethics board issued an advisory opinion   santaList 

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.



napper gray sm 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?

                  Kobayashi Issa
                            translated by David G. Lanoue

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