f/k/a . . .

April 30, 2005

behind the clouds

Filed under: pre-06-2006 — David Giacalone @ 5:23 pm

 


empty cabin –

the old sweater

hangs on a nail

 

 

 

 

 

 

 






mid-term exams
the leaky fountain pen
in his pocket

 

 

 

 

 

 

spring evening
knowing a new moon
is behind the clouds

 

 

 


empty cabin” - 5th choice, WHC R. H. Blyth Award  2002

mid-term exams” - WHC Tournament 

spring evening” - Robert Spiess Tribute, March 2002

 

 

 



  • by dagosan                                               






the nine-year-old’s

best shoes

the puddle-covered sidewalk

 

[April 30, 2005]

 


potluck


honest  Books that Overpromise:  I wonder why the Deception Police have never

gone after self-help books that fail to produce the promised results, or novels

sold with jacket-cover praise that is clearly (in retrospect) unwarranted.  A new

title I spotted at my local library got me wondering — How to Change Anybody:

Proven Techniques to Reshape Anyone’s Attitude, Behavior, Feelings, or Beliefs,

by David J. Lieberman, PhD.  The book jacket says Dr. Lieberman offers “simple

behavioral strategies that work every time,” and the book tells you how to:


* Make anyone more loyal
* Eliminate prejudice in anybody
* Stop passive aggressive behavior forever
* Infuse anyone with more self-esteem and confidence
* Eliminate self-destructive behaviors in anyone
* Make a wallflower into a social butterfly
*Turn a lazy bum into an ambitious go-getter
* And much more!

Like, if only!  I wonder how many brides will take a chance and put the book on their

wish list.

 

tiny check Today, Mike Cernovich takes a thoughtful look at the legal issues raised in Doe v.

Miller, which upheld residence restrictions on sexual offenders, which he also

discussed yesterday (as did we).   If you haven’t taken a look yet at the sentencing 

posts by Prof. Douglas Berman , now would be a good time.

 

tiny check  John Steele points to his spouse’s knitting weblog today.  He seems puzzled by the

fact that hers gets five times the visitors as does his Legal Ethics Forum.  Welcome

to the real world, John.  At NonaKnits, you’ll find a wise post asserting that “Adversity

is not necessarily a bad thing.”

behind the clouds

Filed under: pre-06-2006 — David Giacalone @ 5:23 pm

 


empty cabin –

the old sweater

hangs on a nail

 

 

 

 

 

 

 






mid-term exams
the leaky fountain pen
in his pocket

 

 

 

 

 

 

spring evening
knowing a new moon
is behind the clouds

 

 

 


empty cabin” - 5th choice, WHC R. H. Blyth Award  2002

mid-term exams” - WHC Tournament 

spring evening” - Robert Spiess Tribute, March 2002

 

 

 



  • by dagosan                                               






the nine-year-old’s

best shoes

the puddle-covered sidewalk

 

[April 30, 2005]

 


potluck


honest  Books that Overpromise:  I wonder why the Deception Police have never

gone after self-help books that fail to produce the promised results, or novels

sold with jacket-cover praise that is clearly (in retrospect) unwarranted.  A new

title I spotted at my local library got me wondering — How to Change Anybody:

Proven Techniques to Reshape Anyone’s Attitude, Behavior, Feelings, or Beliefs,

by David J. Lieberman, PhD.  The book jacket says Dr. Lieberman offers “simple

behavioral strategies that work every time,” and the book tells you how to:


* Make anyone more loyal
* Eliminate prejudice in anybody
* Stop passive aggressive behavior forever
* Infuse anyone with more self-esteem and confidence
* Eliminate self-destructive behaviors in anyone
* Make a wallflower into a social butterfly
*Turn a lazy bum into an ambitious go-getter
* And much more!

Like, if only!  I wonder how many brides will take a chance and put the book on their

wish list.

 

tiny check Today, Mike Cernovich takes a thoughtful look at the legal issues raised in Doe v.

Miller, which upheld residence restrictions on sexual offenders, which he also

discussed yesterday (as did we).   If you haven’t taken a look yet at the sentencing 

posts by Prof. Douglas Berman , now would be a good time.

 

tiny check  John Steele points to his spouse’s knitting weblog today.  He seems puzzled by the

fact that hers gets five times the visitors as does his Legal Ethics Forum.  Welcome

to the real world, John.  At NonaKnits, you’ll find a wise post asserting that “Adversity

is not necessarily a bad thing.”

April 29, 2005

do i dare smile?

Filed under: pre-06-2006 — David Giacalone @ 8:23 pm

 









morningmoon

    plays hide-and-seek

        my sleepfilled eyes

 

 

 

 


 

 




subway blues

strummin’ light

through the tunnel

 

 

 

 

 

 

 

 

 

 

 

train toward Baltimore

the setting sun

jumps the tracks

 

 

 

 

 

 






dimming the headlights

in the midnight meadow:

falling stars

 

 

 

  by Pamela Miller Ness from  pink light, sleeping
(Small Poetry Press, 1998) for info see.

 


 




  • by dagosan                                               











storm clouds gather – 

the clock tower

just stands there

 

 

 

 

new kids moving in –


do I dare

smile?

 

 

 

 






the neighbor’s new dress

      that moment you forget

you’re twice her age

 

 

 

[April 29, 2005]

 

potluck



 Mike Cernovich has added another thought-provoking post at Crime & Federalsimwrong way sm

on the topic of residency restrictions for sexual offenders.  He asks whether we’re creating

a new kind of leper colony.  (There’s a thoughtful comment by Nebraska attorney Maren Chaloupka. ) 

I wonder where such “colonies” will be allowed to exist — or, is this an economic development

opportunity for enterprising communities? (Around my neck of the woods, it will definitely not be

the prosperous Albany suburb of Colonie seeking such status, despite its having a few remaining trailer

park communities).  

 

In Albany, some activists and politicians don’t want sexual offenders living near parks.  This week,

Albany County Legislator Dan McCoy says: You can live wherever you want in this great country,

but they choose to live next to schools and parks. For what reasons?”

 

How about cheap motels?  A newscast on February 4, 2005 from CapitalNews9 in Albany, started

with the words “Just down the road from the Malta Community Center and HighPointe development, four

Level 3 sex offenders are living at the Shamrock Motel, leaving residents uneasy and concerned.“  Six

days later, News9 reported “A spokesman for the motel said . . . the motel’s policy would be changed

to prevent any Level 3 offenders from staying there again.”  If ex-con sex offenders can’t stay at crummy

motels, just where are they supposed to live?

 

 

Dr. Richard Hamill, a clincial and forensic psycholgist (with whom I worked as a Law Guardian in child

sex abuse cases), is President of the NYS Alliance of Sex Offender Services.  He’s quoted in last Sunday’s

Schenectady [NY] Gazette  (April 24 2005, “Consequences stem from sex offender registry,” $$) saying:


“If a child is sexually assaulted, the person is more likely to be someone not on the

registry than on the registry. . . .

 

“A sex offender who is at lower risk of offending is one who has a full-time job, is

stable in the community and has a circle of friends with support.”

In the same article, Prof. Jill Levenson, a board member of the Association for the Treatment of Sexual 

of Abusers, is quoted:


“Sometimes good politics makes bad policy.  Good social policy needs to be well

thought-out and based on research information so that it can be cost effectie.” . . .

 

“Eighty to 90 percent [of children] are molested by someone their family knows and

trusts.”

There aren’t any easy answers and we shouldn’t let politicians or noisy activists (or vigilantes)  noYabutsSN

say there are.  If I wanted to protect the kids in my neighborhood from a real, everyday threat

to their safety, I’d be trying to get folks with vehicular moving violations as far away as possible.

[Prof. Douglas Berman has put together a list of  his prior posts on sexual offender sentencing,

and promises to write soon on the Doe case and “what seems to be an ever-growing ’sex offender

panic’.”]  update (April 30, 2005):  Cernovich has posted on the legal issues raised by Doe v. Miller.

do i dare smile?

Filed under: law news, Haiku or Senryu — David Giacalone @ 8:23 pm

potluck:

               wrong way sm Mike Cernovich has added another thought-provoking post at Crime & Federalsim, on the topic of residency restrictions for sexual offenders.  He asks whether we’re creating a new kind of leper colony.  (There’s a thoughtful comment by Nebraska attorney Maren Chaloupka. )  I wonder where such “colonies” will be allowed to exist — or, is this an economic development opportunity for enterprising communities? (Around my neck of the woods, it will definitely not be the prosperous Albany, NY, suburb of Colonie seeking such status, despite its having a few remaining trailer park communities).   

  In Albany, some activists and politicians don’t want sexual offenders living near parks.  This week,  Albany County Legislator Dan McCoy says: ”You can live wherever you want in this great country, but they choose to live next to schools and parks. For what reasons?”

How about cheap motels?  A newscast on February 4, 2005 from CapitalNews9 in Albany, started with the words “Just down the road from the Malta Community Center and HighPointe development, four Level 3 sex offenders are living at the Shamrock Motel, leaving residents uneasy and concerned.”  Six days later, News9 reported “A spokesman for the motel said . . . the motel’s policy would be changed to prevent any Level 3 offenders from staying there again.”  If ex-con sex offenders can’t stay at crummy motels, just where are they supposed to live?

  Dr. Richard Hamill, a clincial and forensic psycholgist (with whom I worked as a Law Guardian in child sex abuse cases), is President of the NYS Alliance of Sex Offender Services.  He’s quoted in last Sunday’s Schenectady [NY] Gazette (April 24 2005, “Consequences stem from sex offender registry,” $ub. req’d) saying:

– “If a child is sexually assaulted, the person is more likely to be someone not on the registry than on the registry. . . .”

– “A sex offender who is at lower risk of offending is one who has a full-time job, is stable in the community and has a circle of friends with support.”

In the same article, Prof. Jill Levenson, a board member of the Association for the Treatment of Sexual of Abusers, is quoted:

  1. “Sometimes good politics makes bad policy.  Good social policy needs to be well
    thought-out and based on research information so that it can be cost effective.” . . .
  2. “Eighty to 90 percent [of children] are molested by someone their family knows and
    trusts.”

noYabutsSN There aren’t any easy answers and we shouldn’t let politicians or noisy activists (or vigilantes) say there are.  If I wanted to protect the kids in my neighborhood from a real, everyday threat to their safety, I’d be trying to get folks with vehicular moving violations as far away as possible.  [Prof. Douglas Berman has put together a list of  his prior posts on sexual offender sentencing, and promises to write soon on the Doe case and “what seems to be an ever-growing ’sex offender panic’.”]  update (April 30, 2005):  Cernovich has posted on the legal issues raised by Doe v. Miller.

train toward Baltimore
the setting sun
jumps the tracks
dimming the headlights  mosquito2
in the midnight meadow:
falling stars
morningmoon
    plays hide-and-seek
        my sleepfilled eyes
subway blues
strummin’ light
through the tunnel
 …….. by Pamela Miller Ness from  pink light, sleeping  (Small Poetry Press, 1998) for info see                                           

storm clouds gather – ooh
the clock tower
just stands there
new kids moving in –
do I dare
smile?
the neighbor’s new dress –
that moment you forget
you’re twice her age
……..by dagosan

haiku schmaiku

Filed under: pre-06-2006 — David Giacalone @ 3:28 pm


Levity is certainly not banned at Passover, so I’d like to treat you to some


by David M. Bader (Harmony, 1999), and wish Happy Passover to all my

Jewish friends and readers.

 

 

 

Left the door open

for the prophet Elijah

         Now our cat is gone

 

 

 








 








BLT on toast –

the rabbi takes his first bite,

           then the lightning bolt.

 

 

 

 

 

Quietly murmured

at Saturday services,

           Yanks 5, Red Sox 3

 

 

 

 

 

 








“Through the Read Sea costs

extra.”   Israeli movers

              overcharge Moses

 

 

 

 


torah DAVID M. BADER


 

 




  • by dagosan                                               




Seder

the kids suddenly

like macaroons


 

 

[April 29, 2005]

 


potluck




 

tiny check Flee before it’s too late:  Washington Post writer Mary Ellen Slayter is following up on her

column on making the decision to go to law school with a live online chat, next Friday, May 6th,

at 2 PM (East Coast time).  Her guest will be the author of Should You Really Be a Lawyer?, the

book we mentioned last week,   You can leave questions in advance and are urged to join in. 

 

tiny check  Nowhere to flee: At C&F, Mike Cernovich quotes from a disturbing 8th Circuit   commandments

opinion issued today, Doe v. Miller, >No. 04-1568 (8th Cir. Apr. 29, 2005), upholding a ban

against sexual predators living within 2,000 feet of a school.  As Mike notes, Miami Beach

is considering a similar law, which would in practice preclude sex offenders from living anywhere

in the town.  Our society needs to think through the many issues involved in dealing with sex felons

who have competed their sentences.  It’s not just rabid civil libertarians who think we may be going

too far with restrictions — besides the issues of fairness, rights and effectiveness, the measures may

be creating unnecessary hysteria and lulling parents and kids into false feelings of security, with

only grandstanding politicians gaining.   In my agrea there is growing agitation to do more, and a

Schenectay, NY, legislator wants to require GPS monitoring ankle-bracelets on all sex offenders, and

wants to require all landlords to check the offender registry before renting a unit.  [Related:  ABC News 

piece ”City Mulls Buffer Zones to Ward Off Sex Offenders,” and AP article, ”Fla. Bill Approves Sex-

Offender Monitoring,” April 9, 2005)] 

 

 

haiku schmaiku

Filed under: pre-06-2006 — David Giacalone @ 3:28 pm


Levity is certainly not banned at Passover, so I’d like to treat you to some


by David M. Bader (Harmony, 1999), and wish Happy Passover to all my

Jewish friends and readers.

 

 

 

Left the door open

for the prophet Elijah

         Now our cat is gone

 

 

 








 








BLT on toast –

the rabbi takes his first bite,

           then the lightning bolt.

 

 

 

 

 

Quietly murmured

at Saturday services,

           Yanks 5, Red Sox 3

 

 

 

 

 

 








“Through the Read Sea costs

extra.”   Israeli movers

              overcharge Moses

 

 

 

 


torah DAVID M. BADER


 

 




  • by dagosan                                               




Seder

the kids suddenly

like macaroons


 

 

[April 29, 2005]

 


potluck




 

tiny check Flee before it’s too late:  Washington Post writer Mary Ellen Slayter is following up on her

column on making the decision to go to law school with a live online chat, next Friday, May 6th,

at 2 PM (East Coast time).  Her guest will be the author of Should You Really Be a Lawyer?, the

book we mentioned last week,   You can leave questions in advance and are urged to join in. 

 

tiny check  Nowhere to flee: At C&F, Mike Cernovich quotes from a disturbing 8th Circuit   commandments

opinion issued today, Doe v. Miller, >No. 04-1568 (8th Cir. Apr. 29, 2005), upholding a ban

against sexual predators living within 2,000 feet of a school.  As Mike notes, Miami Beach

is considering a similar law, which would in practice preclude sex offenders from living anywhere

in the town.  Our society needs to think through the many issues involved in dealing with sex felons

who have competed their sentences.  It’s not just rabid civil libertarians who think we may be going

too far with restrictions — besides the issues of fairness, rights and effectiveness, the measures may

be creating unnecessary hysteria and lulling parents and kids into false feelings of security, with

only grandstanding politicians gaining.   In my agrea there is growing agitation to do more, and a

Schenectay, NY, legislator wants to require GPS monitoring ankle-bracelets on all sex offenders, and

wants to require all landlords to check the offender registry before renting a unit.  [Related:  ABC News 

piece ”City Mulls Buffer Zones to Ward Off Sex Offenders,” and AP article, ”Fla. Bill Approves Sex-

Offender Monitoring,” April 9, 2005)] 

 

 

April 28, 2005

mba, ambrogi and mean old me

Filed under: pre-06-2006 — David Giacalone @ 9:50 pm

 



The venerable Bob Ambrogi has taken issue with my treatment of the Massachusetts

Bar Association in the post “bar & guild.”  See LawSite’s In defense of the Mass. Bar,

(April 28, 2005).  Click here to see both Bob’s statement and the Comments that I left

in response.  (thanks to Lisa Stone for the link).

 

MassMap 

 









packing away the scarecrow
grandpa says
his respects

 

 

Kobayashi Issa, translated by David G. Lanoue  

 

 

potluck


microphoneG Our Fool in the Forest friend located another podcast skeptic at Sploid, and George

is correct — “hilarity ensues”.   This old podriah is grinnin’.

 

mba, ambrogi and mean old me

Filed under: pre-06-2006 — David Giacalone @ 9:50 pm

 



The venerable Bob Ambrogi has taken issue with my treatment of the Massachusetts

Bar Association in the post “bar & guild.”  See LawSite’s In defense of the Mass. Bar,

(April 28, 2005).  Click here to see both Bob’s statement and the Comments that I left

in response.  (thanks to Lisa Stone for the link).

 

MassMap 

 









packing away the scarecrow
grandpa says
his respects

 

 

Kobayashi Issa, translated by David G. Lanoue  

 

 

potluck


microphoneG Our Fool in the Forest friend located another podcast skeptic at Sploid, and George

is correct — “hilarity ensues”.   This old podriah is grinnin’.

 

doubleheader: Wilson & Kacian

Filed under: pre-06-2006 — David Giacalone @ 3:30 pm

 



Together at last:  Billie Wilson from Alaska and

Jim Kacian from Virginia:

 

 







alpine meadow-
kneeling to photograph
white heather

 

 

 

 

 

 

warm beer–

heat lightning flickers

beyond the outfield

 

 

 

 







missing you–

the farrier’s hands

calm the mood mare

 

 

 

 

 

 



“warm beer”  frogpond XVII:2 (2004)

“missing you” frogpond XVII:2 (2004)

“alpine meadow”: The Heron’s Nest (Oct. 2000)

 

 

 

ooh flip

 

 

 


first date–

she lets go of my hand

by the monkey cage

 

 

 

 

 

 







calm evening
the ballgame play-by-play
across the water

 

                    

 

 

 

 

the place i can’t reach itches your absence

 

 

 


“first date” Snapshots 10

“calm evening” & “the place” - TAO

 

 

 

 




  • by dagosan                                               




 


[sorry: I didn’t write any haiku today;

blame Ambrogi for the distraction]

 

 

[April 28, 2005]

 

 

potluck



tiny check  Noting CourtTV’s challenge to the total ban on cameras in courtrooms in New York State,  tv

Norm Pattis at Crime & Federalism is very down on Entertrials – but, he uses overbroad

arguments he would never accept if his own or his clients’ rights were being limited.  Forty-three

states allow tv cameras in court, and the NYS Bar Association filed an amicus brief supporting

CourtTV.  (see: AP/NYNewsday article; and Rochester, NY Democrat & Chronicle, editorial:

“Allow cameras in New York courts and the U.S. Supreme Court,” April 28, 2005)  Opponents

keep citing polls where lawyers and judges say cameras changed their behavior.  Given our notion

that most judges and lawyers would prefer to avoid being e-shamed of themselves, I’ve got to

wonder if their behavior got worse or better in front of tv cameras. 

 

tiny check  Carolyn Elefant writes about the occasional loneliness of the solo practitioner, and points

to a column offering some advice.  Carolyn admits she’s more of a loner, but still can miss

interacting with colleagues.  I’m pretty gregarious, and not having an office filled with

colleagues and staffers was a big downside for me in my years as a solo.  Luckily, my

practice got me to Family Court a few times a week (where I was soon reminded of the

pluses of solitude).

 

ooh neg  More Referer MadnessMore curious search engine results from my Referer Page

(or, is there a pattern here?):



curmudgeons> f/k/a is #1 in this Yahoo search, out of 91,000 results, due to our post


 

Ayatollah Khomeini Salmon Rushdie fatwah> we’re #2 in a Google search, thanks

to our ringing defense of Yusuf Islam, f/k/a Cat Stevens.

 

lawyers day>  #1 of 35.5 million results in a Yahoo search, because we wrote


 

Ron Baker value pricing>  our expose ron baker & price sensitivity placed us #1  

of 35,000 results in this Google Search.

 

“tinyredcheck”   Can antitrust law learn from the field of “complexity science“?   That intriguing topic is


of Antitrust to be held June 20, 2005, at the National Press Club, Washington DC.   You can find links to

related papers and books at the newly-created Compexity Page in AAI’s Guide to Antitrust Resources on the Web. [Note: Attendance at the limited-space Roundtable is currently by invitation, but will be opened, if

space is available.  If seats become available, I will let you know.]

 

 

doubleheader: Wilson & Kacian

Filed under: pre-06-2006 — David Giacalone @ 3:30 pm

 



Together at last:  Billie Wilson from Alaska and

Jim Kacian from Virginia:

 

 







alpine meadow-
kneeling to photograph
white heather

 

 

 

 

 

 

warm beer–

heat lightning flickers

beyond the outfield

 

 

 

 







missing you–

the farrier’s hands

calm the mood mare

 

 

 

 

 

 



“warm beer”  frogpond XVII:2 (2004)

“missing you” frogpond XVII:2 (2004)

“alpine meadow”: The Heron’s Nest (Oct. 2000)

 

 

 

ooh flip

 

 

 


first date–

she lets go of my hand

by the monkey cage

 

 

 

 

 

 







calm evening
the ballgame play-by-play
across the water

 

                    

 

 

 

 

the place i can’t reach itches your absence

 

 

 


“first date” Snapshots 10

“calm evening” & “the place” - TAO

 

 

 

 




  • by dagosan                                               




 


[sorry: I didn’t write any haiku today;

blame Ambrogi for the distraction]

 

 

[April 28, 2005]

 

 

potluck



tiny check  Noting CourtTV’s challenge to the total ban on cameras in courtrooms in New York State,  tv

Norm Pattis at Crime & Federalism is very down on Entertrials – but, he uses overbroad

arguments he would never accept if his own or his clients’ rights were being limited.  Forty-three

states allow tv cameras in court, and the NYS Bar Association filed an amicus brief supporting

CourtTV.  (see: AP/NYNewsday article; and Rochester, NY Democrat & Chronicle, editorial:

“Allow cameras in New York courts and the U.S. Supreme Court,” April 28, 2005)  Opponents

keep citing polls where lawyers and judges say cameras changed their behavior.  Given our notion

that most judges and lawyers would prefer to avoid being e-shamed of themselves, I’ve got to

wonder if their behavior got worse or better in front of tv cameras. 

 

tiny check  Carolyn Elefant writes about the occasional loneliness of the solo practitioner, and points

to a column offering some advice.  Carolyn admits she’s more of a loner, but still can miss

interacting with colleagues.  I’m pretty gregarious, and not having an office filled with

colleagues and staffers was a big downside for me in my years as a solo.  Luckily, my

practice got me to Family Court a few times a week (where I was soon reminded of the

pluses of solitude).