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f/k/a archives . . . real opinions & real haiku

June 22, 2005

political maturation after age 30

Filed under: pre-06-2006 — David Giacalone @ 2:01 am

Here’s my 21st Century version of the old saw incorrectly attributed to Winston Churchill:


20 – 30 – 50 Political Maturation Chart


20-something + heartG = liberal


over 30 + brainG = conservative [arguendo]


over 50 + heartG + brainG + eyesGL approx blue thoughtful* liberal


The adage about being a liberal at 20 and a conservative at 30 was never very convincing to me. (Viz., Jesus of Nazareth proved you can be an excellent liberal at 33 — and for an eternity thereafter.) Even if we assume for argument’s sake, that a person using his or her brain might turn to conservatism by age 30 (and still have a heart), I refuse to believe that personal or political maturation ends at 30.

the past tugs at the heart–
the Old Man’s
wooden bowl

ISSA
translated by David G. Lanoue

brainG French historian and statesman Francois Guizot is said to have uttered the first
version of the 20/30 maxim (see Unquote #1). Societal upheavals in Guizot’s 19th-Century
Europe might have frozen the attitudes of many men in early adulthood — especially those
with a deep, vested interest in the established order. (Women weren’t allowed on the political stage at the time; but, I doubt that women outside the upper classes would have been susceptible to the sway of staunch conservatism). Whatever the conditions in other times and societies, our stable, affluent and open society permits — and responsible citizenship demands — that each individual continue to learn and grow through successive decades, letting experience and wisdom remove the blinders of ideology and radicalism.

heartG Somewhere between 50 and 60 years of age, I believe, the majority of people whose hearts and brains and eyes are still in good working order will become noticeably more “liberal” than “conserative” in political and personal philosophy. Freed from macho individualism, they will no longer have to insist they are “self-made.” With their financial fate largely sealed, they will be able to acknowledge the role of luck in creating their economic and social status, as well as the role of government in creating the framework and infrastructure upon which individual efforts and security can be sustained. They will also see that “we’re all in this together” as a society and nation — so that access to good education, health care and opportunity will be understood as both a right for all citizens and a key to maintaining the strength of our economy and vitality of our society. Doing good for each other is good for all of us. [Pope Benedict XVI appears to concur.]

  • Merrill Lynch declared in Feb. 2005, that Baby Boomers are
    going from the Me Generation to the We Generation — “with
    deep concerns for the well-being of their children, their parents
    and their communities.”
  • As Matt Miller recently wrote for the NYT: “What we’re led to is the public agenda missing today, built around passionate commitments – by both liberals and conservatives – to (1) equal opportunity and (2) a minimally decent life, achieved in ways that harness market forces for public purposes.”

eyesG No matter what you might want to call the resulting political perspective or philosophy, it is not full-bore classical or modern conservatism; and it certainly will not lean toward the “me-first” (and government-as-evil) philosophy of kneejerk libertarianism. Even those who cling to the label of conservatism will be seeking ways to put “compassion” into their politics — perhaps by calling on religious ideals (such as those in the Sermon of the Mount).

nothing at all
but a calm heart
and cool air

ISSA
translated by David G. Lanoue

tiny check Your thoughtful, courteous Comments and suggestions are encouraged.

update (Jan. 18, 2006): See Robert Kuttner’s article Ingrate Judges: Conservative
Justices have a tendency of moving leftward” (American Prospect Online, Jan. 17,
2006).

“Interestingly enough, if you look at the history of the Supreme
Court, far more justices who began as relative conservatives
became more liberal the longer they served. Freed of political
constraints, they evidently acquired more sympathy for underdogs,
more compassion for those whom Justice Brandeis called ”despised
minorities.” They came to see the Constitution as protector of the
powerless against the powerful. ….

“As the right does its best to make the courts ideological captives,
it gives this unreconstructed liberal some comfort to appreciate
that more judges, given this privilege to rely just on conscience and
intellect to interpret the law, evolve into liberal ingrates. It suggests
the enduring tug of liberal ideals.”

closing her eyes
to scattering blossoms…
the doll

window open–
a butterfly pulls my eyes
across the field

ISSA, translated by David G. Lanoue

approxS

June 21, 2005

hello, summer (please keep your cool)

Filed under: pre-06-2006 — David Giacalone @ 2:15 pm

Well, we didn’t make it to Stonehenge’s summer solstice festival, and

weren’t even up for the sunrise today.  But, the f/k/a gang always knows

how to celebrate the seasons: with an extra helping of haiku, of course.

 

In addition to today’s featured poet, Canadian haijin DeVar Dahl, we’ve

invited Rebecca Lilly, Yu Chang and Kobayashi Issa to our solstice party,

with dagosan providing the snacks.

 

 


sultry day

a swallow runs its beak

across the pond


 

 

 

 

hawk flight

 

 

long summer day

a hawk holds its place

between the clouds

 

 




 

 

 






this heat
words written in the dust
on the shed window

 





“long summer day” – New Resonance 3: Emerging VoicesPresence 15 

“sultry day” – A Piece of Egg Shell (Magpie Haiku Press, 2004); WHC WorldHaikuRev. I:3

this heat” – WHC Shiki Haiku Poems Contest

 

 


 
the sky colors
of dawn have changed
to summer clothes


 

 

 

 

 



 

stitching together
the short summer nights…
singing frogs

 


 

ISSA, translated by David G. Lanoue 

 

 

 

 

butterflyN

 

 

 

 

A clear hot day

the silence

behind the butterfly

 

 

 

 

 

 

 



Afternoon warmth–

a soft breeze curling

falled peony petals

 

 

 


(Birch Prees Press, 2002)

 

 

 





bumblebee

deeper in the petunia

summer heat

 

 

 

 

 



 


 


 

stepping out

with my holey socks

summer stars

 

 

 Yu Chang, from  A New Resonance (1999)

“bumblebee” – Acorn I

 





 




  • by dagosan                                              


summer solstice:

there’s no

shady side of the street

 

 






trying to write

one new haiku —

a giant wasp circles my head

 

  June 21, 2005]                                                                 waspN

 

 

did Churchill coin that over-30 maxim?

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

Conservatives love to cite Winston Churchill for the saying [via Prof. Bainbridge]:

quoteMarksLS Any man who is under 30, and is not a liberal, has no heart; and
any man who is over 30, and is not a conservative, has no brainsquoteMarksRS
It seems fairly clear, however, that the attribution is as erroneous as the sentiment. Churchill may have said something similar to the above quote, but he was borrowing or paraphrasing from other politicians and pundits when he did.

ChurchillMug At his Unquote webpage, Mark T. Shirey tracks down sayings that seem to be orphans — or, to have too many fathers.  In Unquote #1, he looks at the “Over/Under 30” quotation, that Shirey himself had attributed to Churchill for many years.   His first attempts proved fruitless:
I failed to find the quote under “socialist”, “conservative”, “heart”, “man”, or “Churchill”, in books of quotations like Bartlett’s, Encarta’s, Oxford Dictionary of, Home Book of, or NY Public Library’s.

The saying was attributed to Churchill in the online QuoteDB, but with no source cited.   Shirey kept looking until he claims that a “A definitive answer arose in the wonderful book “Nice Guys Finish Seventh: False Phrases, Spurious Sayings, and Familiar Misquotations” by Ralph Keyes, 1992.”
Keyes writes: “An orphan quote [unattributed quote in search of a home] sometimes attributed to Georges Clemenceau is: “Any man who is not a socialist at age 20 has no heart. Any man who is still a socialist at age 40 has no head.

The most likely reason is that Bennet Cerf once reported Clemenceau’s response to a visitor’s alarm about his son being a communist:
If he had not become a Communist at 22, I would have disowned him. If he is still a Communist at 30, I will do it then.
George Seldes later quoted Lloyd George as having said:
A young man who isn’t a socialist hasn’t got a heart; an old man who is a socialist hasn’t got a head.
The earliest known version of this observation is attributed to mid-nineteenth century historian and statesman Fran篩s Guizot:
Not to be a republican at 20 is proof of want of heart; to be one at 30 is proof of want of head.

Shirey has found links to several other versions of this maxim.  Between his list and Keyes’, you’ll find variations on the theme attributed to Disraeli, Shaw, Otto Von Bismarck, Woodrow Wilson, Wendell L. Willkie, Bertrand Russell, and even former CIA Director, William Casey.   To be honest , I can’t imagine anyone wanting to be the father of the “Churchill” quote, or any of its mutations.
update (June 22, 2005):  See political maturation after age 30 for Your Editor’s 21st Century version of the old saw — arguing that, after 50, those with functioning heart, brain, and eyes become more liberal (“thoughtful liberals”).

quoteMarksLSN
a chestnut hit
an old man…
so the legend says
leisure class–
“Mosquitoes have come!”
they say
ISSA, translated by David G. Lanoue

June 20, 2005

our steps falter

Filed under: pre-06-2006 — David Giacalone @ 7:06 pm
potluck
.
coffee cup gray John Steele is hyper-steamed about a Washington Post article on Starbuck’s coffee and law school debt.  “Javanomics 101: Today’s Coffee is Tomorrow’s Debt,” June 18, 2005).   A career counselor at Seattle U. Law Schools says a five-day-a-week $3 latte habit on borrowed money can cost $4,154, when repaid over 10  ears.   The “Stop Buying Expensive Coffee and Save Calculator” shows that making your own coffee rather than buying a $3 latte daily for 30 years, could save $55,341 (with interest).
.
John’s right that expensive coffee alone does not create the massive law-student debt that so limits career choices.  However, it is a very representative symbol for a generation whose spending habits are so impractical and unnecessarily expensive, that they price themselves out of a lot of career options — refusing to accept cheaper alternatives for food, entertainment, transportation, housing,  and more, that would be perfectly acceptable to about 90% of the adults in Western Europe.  [see our prior law-school debt discussion here] Why, when I was a . . . .
record heat —
a moth the color of heather
on the heather
late evening–
a cloud covers the moon
and our steps falter
midsummer —
childhood pathways
lost to wildflowers
.
record heat” & “midsummer” – The Heron’s Nest”
late evening” — World Haiku Review (dedication to John Crook)

mothG Click here for more recently-published haiku by Billie Wilson
on the Alaska Haiku Society website —



a hawk glides


over I-90 —


our tires find the rumble strip



[June 20, 2005]


more potluck


tiny check Over at his Dude Ranch, Al Nye has taken a transparent approach to the


Blawg Review #11 submission process — revealing secrets along with links to some


good weblawg reading options.



tiny check I drove back today from visiting my Dad for Father’s Day.  I learned that a


politics can look very different from the other end of Upstate New York.  For instance,


the lead story today in the Rochester Democrat & Chronicle is about the possibility of


local billionaire Tom “PayCheck” Golisano running for governor as a Republican (with


George Pataki choosing not to run), even though Golisano ran in the past 3 gubernatorial


elections at the head of his own Independence Party.  Since Golisano uses his own cash


for his campaigns, some think the NY GOP will swallow hard and accept Golisano, so that


fundraising can be  targetted at defeating Hillary Clinton.   It is expected that Eliot Spitzer


will be the Democratic candidate for NYS governor.



commandments Steve Bainbridge — a/k/a ProfessorBillboard — is suspicious of Marci Hamilton’s


conservative bona fides, because her new book God vs. The Gavel: Religion and the Rule of


Law, has been praised by folks he tars as being not just liberals, but “Worse yet,  . . . the type


of left-liberal who wants to drive religion out of the public square.”  I think Prof. B continues


to confuse not wanting the symbols of religion (especially any specific religion) “in the public


square,” with wanting to ban religious values and perspectives from politics and government.


Icons are not what is important about religion, and acting as if they are cheapens the meaning


of religion.  Steve’s attitude — along with his smug notion that there can be no meaningful moral


code outside of established religion — suggests that the Religious-Iconophiles want a particular


kind of religion, with a particular restrictive view of morality, “established” in stone within our


political system, and etched in stone in our public square.  Like, Steve, I’m no Religion Clause


scholar, but I plan to draw my own conclusions about God vs. The Gavel, rather than seeing


who lines up for and against it.















coin flip

June 19, 2005

a haiku father’s day

Filed under: pre-06-2006 — David Giacalone @ 12:55 am

father’s day
teeth missing
from the pocket comb

piano practice
in the room above me
my father shouting

Roberta Beary
 – “father’s day” — The Heron’s Nest (Vol. VII, June 2005); “piano practice” — New Resonance 2; Woodnotes 31


two lines in the water . . .
not a word between
father and son

his vomit wiped up
my bowl of wheaties
soggy now

…. by Randy Brooks from School’s Out (Press Here, 1999)


prayers over
dad’s casket descends
through a maze of severed roots

“red hots!”
for an instant i’m ten
and
father’s still alive

……… by ed markowski infielderF

Father’s Day
she tells me
I’m not the father

Christmas Day
the exchange
of custody

… by John Stevenson– “Christmas Day” – Some of the Silence; “Father’s Day” – Quiet Enough

putting on my socks 
that little grunt
dad always made

almost sunset
the weekend dad
drags a sled up the hill

………….… by dagosan
“putting on my socks” – Frogpond (XXVIII: 2, 2005); inside the mirror: The Red Moon Anthology 2005
“almost sunset” – Frogpond XXIX: 2 (2006)

old passport
the tug
of my father’s smile

………….. by Yu ChangUpstate Dim Sum (2001/II); The Loose Thread: RMA 2001

sick in bed –
my son pelts the window
with snowballs

 

spring sun-
high in his arms
the newborn is shown

… byTom Clausen, – Homework (Snapshot Press 2000)

first breath
after the cesarean
my son’s birth

opening day
in separate bleacher’s
the boy’s parents

………. by w.f. owen – Haiku Notebook (2007)

 

potluck

tiny check No time for punditry or gossip today — gotta drive to Rochester

to see my Dad. He’s 86, and might not be going strong, but he’s still ticking.

glimpses of fatherhood

Filed under: pre-06-2006 — David Giacalone @ 12:32 am


evening star…
she sleeps with the lion’s tail
in her little hand


 

 

 

 









sick in bed –
my son pelts the window
with snowballs


 

 

breeding pairs
at the zoo-
with strollers

 

 

 

 

 






spring sun-
     high in his arms
     the newborn is shown

 

 

 

 

 

 

bowed to the ground
the golden rods
too tall of themselves –
         I couldn’t tell her why
         the sky is blue

 

 

Tom Clausen, mostly from Homework (Snapshot Press 2000)

 

                    —  sorry no new haiku from dagosan, who has been napping all day —

potluck


black envelope  The mailman brings the most trivial mail on Saturday. Today,

two enterprises sought my money for the first time — Playboy and

Libertarian National Committee.  Although they both have a few interesting

ideas, I won’t be subscribing to either.

 

tiny check  Like Daniel Solove, I’m glad that the FTC has decided to use its power

to stop “unfair practices” in the fight to keep consumer financial information received

by retailers secure.   An act or practice is unfair if it “causes or is likely to cause

substantial injury to consumers which is not reasonably avoidable by consumers

themselves and notoutweighed by countervailing benefits to consumers or to competition.” 

15 U.S.C.

June 17, 2005

resist the urge

Filed under: pre-06-2006 — David Giacalone @ 11:34 pm

– – a friday night pick-up line: “Wanna see my Paintings?” —


 




open grave

I resist the urge

to jump

 

 

 

 

 

 

 








false dawn
a ruffed grouse drums
the woods awake

 

 

 

 

 

 

 

 

 

 

spring breakup
my missing button
in her sewing box

 

 

 

 


spring breakup” & “false dawn” – The Heron’s Nest

“open grave” — Frogpond XXVIII No.2 (Spring/Summer 2005)

 

 

 

 

 

 

ethical headaches

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

 


potluck


tiny check  A few days ago, Mike Cernovich wondered aloud [“eloud”] why

there has been no discussion by any of the blawgosphere’s 100+ law

professors (who enjoy academic freedom) of the case of Carin Manders

Constantine v. George Mason Univ. (4th Circ., June 13, 2005, No.

04-1410).   Constantine claims that she was discriminated against by

GMU’s law school, because it failed to accommodate her severe migraine

headaches — resulting in her failing Constitutional Law — and then was

relaliated against by the School, when she went public with her story. 

[Mike sets out Constantine’s basic assertions, which were taken as fact

for purposes of her appeal, but are somewhat vague and have yet to be

proven.]  

 

I would also like to know what law professors think about the issues

of student disability and free speech law were raised.  Not knowing

the actual facts yet should make it easier for the professors to opine —

offering hypotheticals — without fearing some kind of retaliation by their

schools.

 

One issue that I want to raise, however, is what Ms. Constantine’s   brainG

“intractable migraine syndrome” means for her ability to practice law

in compliance with Model Rule 1.3 on Diligence.  No law school should

decide that a particular disability would make it inappropriate to grant a law

degree to a student able (with reasonable accommodations) to complete its

course of study .  But, the existence of a disability should bear very directly

on what types of law a particular graduate (or veteran lawyer) chooses to

practice.  If stress triggers severe headaches, or such headaches occur often

and keep an attorney from meeting deadlines, the lawyer needs to make some

very hard choices.  Some kinds of law practice should be considered off limits

and, in some instances, clients may need to be informed of the issue.




  • Despite causing a financial disaster, there came a time eight

    years ago when I had to end my law practice — after cutting

    back significantly more and more for a few years — due to my

    health problems.  I could not in good faith hold myself out as

    being able to give diligent service to my clients.  I don’t think

    I deserve a pat on the back for doing so — it was my ethical

    responsibility, one assumed when I became a member of the

    Bar.

Thanks to the wonders of search engine technology, the name of

Carin Manders Constantine will be connected with her lawsuit and

migraine problems forever.  Googling her name already demonstrates

her “in[ternet]famy.”  Washington Post coverage, the 4th Circuit’s

decision and subsequent developments in the case, Associated Press

stories across the nation, weblog coverage, and many other internet

sources, will put many potential clients and employers on notice about

Carin Constantine’s condition.   Can we count on other lawyers with

serious “hidden” health problems, who do not come under an internet

spotlight, to make the right choices?  Or do we have to wait for a long

series of injured clients before a grievance committee takes action? 

I sure hope the lawyer’s oath will help our brethren make responsible

choices. 


CMConstantine  Read more about Ms. Constantine’s interesting

life — e.g., she met her husband skydiving — here.

 

 

tiny check  I came to her post a week late, but I have to admit that I disagree

again with Carolyn Elefant’s complaint that a discipline committee treated

a solo unfairly and applied archaic rules mechanically.  This time, South

Carolina reprimanded attorney Theo Mitchell for calling his firm “Mitchell

and Associates,” notwithstanding that he he was the sole lawyer in his

licensed in the state.   Carolyn explains:


“Mitchell had contended that the use of the phrase

“and Associates” was appropriate because it referred

to other lawyers in Greenville who help him in specialty

cases such as real estate and foreclosure matters.”

“potladle” Carolyn says that modern practice and technology let a lawyer

“associate” with lots of other lawyers, in ways that benefit clients, so they

should be able to claim to have associates.  I’m sorry, but the touchstone is

whether a reasonable consumer would be deceived.   There is no doubt in my

mind that the average client assumes that “& Associates” means a lawyer who

owns a firm has hired and directly controls non-partner lawyers within the

umbrella of his or her firm.  Farming out work to other lawyers, or getting

email or blogwise advice from them, doesn’t count.    This isn’t even close.

When you have new kinds of affiliations, you need to find terminology

that adequately describe them — not co-opt terminology that has other

connotations and meanings and that just happen to make your firm seem

more substantial than it really is.

 


tiny check After seeing an article in yesterday’s NYT, John Steele wonders why jailbird neg

Long Island seems to have more than its share of crooked lawyers. 

Some of the answers where provided here last year, when similar

statistics came to light concerning the NYS Lawyers’ Fund for Client

Protection.

 

EFFGuideN  Happy 51st Birthday to Bob Ambrogi of LawSites & More!  Bob

has a very useful pointer to For Freedom’s Sake, the Legal Guide for Bloggers,


 

 


“tinyredcheck”   Enough lawyer stuff!!  Here’s some great haiku from our

recovering — but, perhaps relapsing — lawyer-haijin. Barry George:

 

 


 





summer morning–
a hawk’s cry slips
in through the fan

 





 

hawk flight

 

 


 
a dandelion field
today…wisps
beneath this moon


 







Yellow maples–

the river gleams with sunlight
shaped like a cross

 

 

 

 


 

 

 


by dagosan: 



stooping to find

the dropped pill — 

the bachelor’s unwashed floor    

 

                          [June 17, 2005]       

 

 

                                                                                                                          hawk flight neg

 

 

June 16, 2005

peridementia and our aging knowledge workers

Filed under: pre-06-2006 — David Giacalone @ 11:56 pm

Do you suffer from “peridementia“? Would you want to hire a lawyer or

doctor, or any knowledge worker, who did? 

Similar to perimenopause, what I call peridementia is the period

before actual dementia occurs, in which the subject starts to have

a mild version of the loss of intellectual capacity that is associated

with dementia — i.e., impairment of attention, orientation, memory,

judgment, language, motor and spatial skills, and function (not

caused by major depression).


To be called dementia, the symptoms have to be severe enough to ekgG

“interfere with social or occupational functioning.” I’ve been wondering,

however, just when interference with job functioning becomes significant

enough that something needs to be said and done about it.

If my otherwise-healthy, middle class and professional, over-50 friends are

any indication, there’s a lot of peri-dementia going around. People who joked

a few years ago about their first batch of Senior Moments, aren’t joking any

more. We seem to be having “brainos” that are quite a bit more worrisome than

the increased numbers of typos found in our documents. They include episodes of

mild confusion and disorientation; skipping steps in necessary tasks; and memory

lapses considerably more important than the proverbial word on the tip of our tongues.

 

cuckoo
what did you forget?
retracing steps

ISSA, translated by David G. Lanoue

I’ve been meaning to talk about this topic here at f/k/a for several months, but

I kept forgetting (rim shot!). A spate of news stories finally got me to buckle

down and do some thinking, linking and posting. Baby Boomers, and generations

to follow, are going to be working longer — some because they have to and some

because they want to do so.

  • That’s what everyone is saying, from Merrill Lynch (in its

    New Retirement Survey, Feb. 2005), the New York Times

    (“In Overhaul of Social Security, Age Is the Elephant in the

    Room, June 12, 2005) and USNews (“The Big Squeeze,”

    June 13, 2005), here in the United States, to the Ottawa Business

    Journal in Canada (“Aging boomers will have to work longer,”

    Oct. 7, 2003) and Australia’s News.com (“Baby boomers miss

    out on retirement, June 6, 2005). AARP has special programs

    to help the over-50 crowd find jobs and companies hire them.

    And, the columnist John Tierney thinks the government should

    be setting policy to ensure that workers retire later (NYT, “The

    Old and the Rested”, June 14, 2005)

NYT‘s John Tierney is correct that “If the elderly were willing to work longer,

there would be lower taxes on everyone and fewer struggling young families.

There would be more national wealth and tax revenue available to help the

needy.” (He, and NYT‘s Toner and Rosenbaum, are also correct that even

raising the issue of higher retirement ages amounts to political suicide — or,

at least, early political retirement.) Watching some remarkable amateur

athletes in their late 60s and early 70s, Tierney asks (emphasis added): “Is

it possible that people this age are still physically capable of putting in a full

day’s work at the office?” Living with and seeing peri-dementia a decade or

more before the “normal” retirement age, I ask “Who’s going to be mentally

capable of putting in a full or half day at the office in their 60s and 70s?”

the aging gourd
and I
cast our shadows

…………………………………  ISSA, translated by David G. Lanoue

 

When AARPers and union leaders resist the notion of indexing Social Security spiltBucketG

to longevity, or otherwise postponing retirement further, they usually point to

people who do physically-demanding jobs. (They also ask just where all the

jobs are going to come from for the Baby Boomers who need or want to

continue working.) Profesors Becker and Posner recently asked about judges

and law professors who “Overstay Their Welcome.” Judge Poser noted that a

loss in mental capacity from aging “may reduce the value of [their] entire output to

zero,” but he focused on septuagenarians. I’m thinking that a noticeable reduction

in intellectual output — or a significant increase in errors — could very well occur

long before the traditional retirement age.

 

Since Merrill Lynch says that “76% of boomers intend to keep working and earning”

after retiring from their regular job, peridementia could become quite important. Consider

the Boomers who have no choice but to continue working due to financial imperatives.

What are their actual or potential employers, and co-workers, going to do about peri-

dementia? How should ethical requirements of competence affect the choices made

by lawyers and other professionals? Will age discrimination laws become a shield for those

who aren’t quite as sharp as they used to be? Does society want to offer such protection?

the dragonfly, too
works late…
night fishing

ISSA, translated by David G. Lanoue

I used to joke that Baby Boomers would always be able to get jobs, because

— unlike a lot of younger folk — we can alphabetize. However, a few sessions

shelving books by author at our Library’s Used Book Store has me a bit less

cocky on this score. I’ve been experiencing the same torpid shelving speed

(and fumbling around at the cash register) that I had associated with some of

the blue-haired-lady volunteers. This performance might be acceptable from

volunteers, but who’s going to pay for it? And, what about analogous, but more

crucial, malfunctioning by knowledge workers?

with the old pine
the two of us…
forgetting the year

 

………………….. ISSA, translated by David G. Lanoue

 

I wish more webloggers, and our readers, were near or over 50, so I could spiltWine

get some first-hand reactions to these questions. (Of course, anonymity might be

very important, if we were to open the floor to braino confessions.) Is the problem

far less significant that I’ve suggested — either because my personal episodes have

more to do with having CFS that with being 55, or because the complaints of my

friends and associates are just typical Boomer self-absorption and exaggeration.

the bees with children
are work-a-holics…
making honey

 

………………………… ISSA, translated by David G. Lanoue

NewMind Daniel Pink’s new book, A Whole New Mind: Moving from the Information Age

to the Conceptual Age (2005), may offer some hope for Boomers whose brains are less

analytically sharp, but whose emotional intelligence is still increasing. Pink says we have

left the Information Age behind and entered a new Conceptual Age — where it will be right-

brain thinking, rather than left-brain skills, that will bring career success. We simply need to

develop the six senses that Pink calls Design, Story, Symphony, Empathy, Play, and Meaning.

Mark Williams, M.D., author of The American Geriatrics Society’s “Complete Guide to Aging

and Health,” says, “The fear of dementia is stronger than the fear of death itself.” I hope I haven’t

increased your anxiety with this posting. If you’d like to guard against or diminish peridementina,

you should find some excellent tips at Making Our Minds Last a Lifetime (Psychology Today,

by Katherine Greider, Dec. 1996), and Dementia Prevention: Brain Exercise. What’s the secret

to keeping our brains agile and fit? Greider says, “mental and physical challenges are both

strongly connected to cerebral fitness.” And, so is taking the time for leisure activity. As for

those occasional brainos, I’ve got you covered — at least for now.

 

p.s. To Lawyers Young and Old: The Greider article stresses that “A

sense of self-efficacy may protect our brain, buffeting it from the harmful

effects of stress.” According to the work of Marilyn Albert, Ph.D., of the

Harvard Medical School:

[T]here’s evidence that elevated levels of stress hormones

may harm brain cells and cause the hippocampus–a small

seahorse-shaped organ that’s a crucial moderator of memory–

to atrophy. A sense that we can effectively chart our own

course in the world may retard the release of stress hormones

and protect us as we age. “It’s not a matter of whether you

experience stress or not,” Albert concludes, “it’s your attitude

toward it.

surprising the worker
in the field…
out-of-season blooms

ISSA, translated by David G. Lanoue

 

by dagosan:


forgetting the name

of the pretty one —

the tip of my tongue

…….. [June 16, 2005]

afterthought:  Don’t miss our magnum opus “The Graying Bar: Don’t Forget the Ethics”  (March 20, 2007)

there’s no business

Filed under: pre-06-2006 — David Giacalone @ 5:17 pm

 

A question for slander and defamation experts:   Is there anything a small 

not-for-profit like the American Antitrust Institute can do when it is called a

criminal organization” by the Voluntary Trade Council?  VTC has classified

AAI as a “criminal organization:”


“because the group uses funds confiscated through taxation and

extortion to attack free market principles and constitutionally-

protected liberties.”

What did AAI do?  As we reported here, it is accepting funds from the  jailbird neg

Antitrust Vitamin Price Fixing Settlement, which will be used to make an

educational video about the antitrust laws.  VTC, whose president is one

S.M. “Sandy” Oliva, recently described itself in Tunney Act Comments to

the U.S. Justice Department as:


[A] nonpartisan educational organization that analyzes the

antitrust and competition laws from a pro-reason, pro-capitalism

perspective.”

On its website, VTC states that its “approach combines the principles of

rational ethics, libertarian political theory, and the Austrian School of

economics, to repudiate contemporary antitrust theories and practices.”

 

update (Oct. 1, 2005): see our post Voluntary T[i]rade Council for

another round between VTC and AAI.

 

 

tiny check  Around here, we’re pro-antitrust and pro-haiku:

 

 

unpacking a new home —
do whales strand themselves
in this bay?

             

 






dandelionClock

 

 






drifting seed fluff . . .
the rented horse
knows an hour’s worth

         

 

 

 










a child’s laugh

the first plum blossoms

high in the trees

 

 


drifting seed fluff . .” & “unpacking a new home” – The Heron’s Nest

“a child’s laugh” — Snapshots #9

                                    

 potluck



tiny check  My income may be too low to attract a high-class p/i lawyer        “ethelMerman” orig.

(see our June 14th potluck), but I think I’ve suffered tortious mental

anguish due to the wreckless (and certainly knowing) behaviour of

a local morning “drive time” talk-show host, named Don Weeks.  Early

last week,  my clock radio woke me to a segment of Mr. Weeks’ AM

show in which he was complaining about the voice of Ethel Merman

Weeks pointed out how, as a youth, he had to suffer through a

Merman tune just to see the rest of the Ed Sullivan Show.  Then, to

my dismay, he had his engineer cue up and play part of Ms. Merman’s

signature song, “There’s No Business Like Show Business.”  That was

a particularly traumatic way to begin any day, and might in and of itself

be actionable.  However, as Don Weeks should have anticipated, that

damn song has been playing in my head ever since.  Help!  Do I have

a case!  I’m sure Weeks’ radio station, WGY (a Clear Channel Station),

has deeeeep pockets, as does Don, after 25 years on the air.

 



birthdayCakeS  Happy Birthday to My Big Sister, Linda!!  Every year, she seems

to get more and more youthful, when compared to her 18-months-younger twin

brothers.  But, I’d like to think she is a symbol of what good geriatric genes we

have in our family.   I appreciate her more every year as a friend and confidante.

I’ll save the gushy stuff for offline.  Best wishes, always, Linda.  Click here and

scroll down for pictures over the years of the Giacalone sibs. 













microphoneG

June 15, 2005

the measuring tape

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

 






sultry day
peaches packed at the bottom
of the grocery bag

 

 

 

 

 

 

summer solstice
the measuring tape reels back
into its case

 

 

 

 

 

 

 





river rock —
the folded wings
of a damselfly

 

 

 

Carolyn Hall  from The Heron’s Nest – a haikai journal

sultry day” – “summer soltice” – “river rock


 




by dagosan:  







from nextdoor,

“go play outside!” —

a wasp skims our bedside lamp 

 

                                        [June 15, 2005]

waspG  potluck


tiny checkAn op/ed worth musing over: Pulitzer Prize winner Stacy Schiff is a

bit put off by America’sshaky relationship between fact and faction. (NYT,

The Interactive Truth, June 15, 2005):


“Facts seem important. Facts have gravitas. But the illusion

of facts will suffice.”

 

tiny check  It’s been more than two months, and Fr. Frank at Priests for Life

has apparently decided not to show us the results of his online poll question —

“Should the United States Congress exercise veto power over Supreme Court

decisions?”  I’d love to know why not.

 














waspF

June 14, 2005

not enough fireflies (too much spam)

Filed under: pre-06-2006 — David Giacalone @ 5:00 pm


 







9 PM bonus:



small talk

at the end of a long day

fireflies

 

          Ed Markowski 

 

 

more darkness

more fireflies–

more darkness than fireflies

 

 

 

“galaxyN”


 

 

 

 

the nail sinking in–

my father’s hammer

in my hand

 

 

 

 

 

 

 






nowhere else

but the next flower —

afternoon butterfly

 

 


 

 

butterflyN   Gary Hotham 

“more darkness” – breathmarks: haiku to read in the dark 


“the nail sinking in– tug of the current (HSA Anthology 2004)


nowhere else” –  The Heron’s Nest (May 2004)

 



 

 

 


by dagosan: 


the fireflies

are no-shows —

the mosquitos keep working




                     [June 14, 2005]

potluck



tiny check  The Association of Trial Lawyers of America (ATLA) loves to say they   “$key small”

fight for the little guy. You can click here to sign up for their “Protecting

Your Rights” e-letter, where you’ll “read the stories of everyday Americans

who used the courts to stand up to negligence, malpractice, or greed.”  But,

it seems, you better not be too everyday — a Crain’s Cleveland article

(June 13, 2005) says the $500,000 cap on medical malpractice punitive

damages has forced trial lawyers to “turn low- income clients away because

those individuals cannot generate enough in the way of economic damages,

which are not capped, to justify going to court.”  If it quacks like a greedy

huckster and walks like a greedy huckster, folks, I’m betting it’s a greedy

shyster. [thanks to RiskProf for the pointer] See our prior post, where

skepticalEsq said:


Let me see if I understand this:  Just when “fair verdicts” will be

especially hard and victims need devoted p/i lawyers more than

ever to fight for every penny they deserve, firms are deciding to

stop taking malpractice cases due to “financial considerations” 

like “decreasing fees.”   Seems to me, the Trial Lawyers’ Association

needs to do a little better spin control and pr training within its own

ranks, before the public starts to think that 25% of the first half million

dollars in non-economic damages is just too trifling an amount to attract

a good p/i lawyer.  We wouldn’t want Americans to get unduly cynical

about their lawyers.

 

afterthought: Back on April 1, 2005, ethicalEsq, Prof. Yabut and Jack Cliente

went to Legal Consumer Heaven, where the ethics rules are actually applied to

lawyer fees.  In the dream, ATLA Condemns the Standard Contingency Fee, and


55 limit  Using a little Dave Barry humor, Prof. Bainbridge points to an article

confirming what we all knew: “42 states allow drivers to regularly exceed the speed

limit before they are stopped.” (Yahoo/AP, Survey: Most States Allow Speed Cushion ). 

The article cites a 1999 study showing a 15% increase in highway deaths when the limits

were raised from 55 to 65 — speed really does kill.  Also, as we reported on May 2nd,

“driving at 10 miles an hour above the 65 miles-per-hour limit increases fuel consumption

by 15 percent.” (See NYT, “Unmentioned Energy Fix: A 55 M.P.H. Speed Limit,” May

1, 2005)  Hmm.  Enforcing the speed laws, or dropping the speed limit back to 55, would

save a lot of lives and a lot of gasoline.  As selfish as Americans are, do you think our

political leaders — perhaps with a push from both conservative Catholics and liberal

secularists — will ever have the courage to do the right thing?   Is Robert K. Kaufman of

Boston University right that anything involving personal sacrifice is “off the table politically“?

 

 

tiny check I’d like to join with Evan Schaeffer and tell lawyer Christopher King that his Comment

Spam — such as here — is not welcome at this website.  Mr. King, feel free to leave

Comments that are on-topic, but please use your own website to promote your pet

peeves.   Of course, neither is any other kinds of comment spam welcome

(that means you, cialis sellers).

 

 

fireflyG  Weather Kvetsch:  I’m not liking our string of 90-degree-very-humid days, here

in the NYS Capital Region.  My body will deal with it.  My psyche, however, is not

at all pleased with the delay in the firefly season, due to a cold and wet spring.  Please

pass this message on to the Responsible Authorities.

 

 






planting a willow
will becomes nights
of fireflies

 

 

 

the dog sparkling
with fireflies
sound asleep


 

Click for more than 100 firefly haiku by Issa,

translated by David G. Lanoue

                                                                                                                                                                  fireflyN fireflyN  

 


 

 

 

let’s talk about restroom equity

Filed under: pre-06-2006 — David Giacalone @ 2:24 am

One week ago, NYC Mayor Michael Bloomberg signed a so-called “potty parity” law, a/k/a

The Restroom Equity Bill of New York (“REB”).  [NYNewsday article,June 6, 2005; Mayor’s

Press Release; All Things Considered audio, June 10, 2005] 




  • In the name of gender equity, REB requires new bars, concert halls, arenas, stadiums,

    auditoriums, dance clubs, and meeting halls, as well as existing establishments that

    make extensive renovations to provide twice as many bathroom stalls for women as for men.

Brooklyn Council Member Yvette C. Clarke was the bill’s primary sponsor.  Clarke is quoted in a

NYT feature article saying “To me, this bill goes beyond toilet significance.  It goes all the way to the

issue of gender equality, and quality of life.” (NYT, “Time for a Bathroom Break, With No Waiting,

June 10, 2005)  

 

womens rm  womens rm                                                                                                                                 “Mens rm”

 

Although our prior discussion of potty parity (two years ago today, and last October) has

been rather tongue-in-check, I want to be a bit more serious with this post.  It may be time for

males to stop turning the other cheek — before the serious struggle to make both genders equal

under the law is turned into nothing more than an assertion of women’s political clout.    Over

a mere handful of years, “potty parity” went from the reasonable request for “equalizing excretion

opportunities” — having the same number of toilets in the Women’s Room as there were toilets

plus urinals in the Men’s Room — to demanding the “equalization of waiting time.” (cf. Harvard

Alum. Bulletin, We Are Where We Excrete,” Summer 2003).

 

My computer — which may have a better knack for self-preservation than I — has twice

crashed while I’ve been drafting this post.  Since the topic seems to be coming out only in

drips and dribbles, I hope you won’t mind my doing it in a mostly-blurb style.

 



mountain village–
a temporary toilet
in blossom shade

     

              ISSA, translated by David G. Lanoue

 

“YYS”  Just like male pols:  REB demonstrates to me that women in politics can behave just as

poorly as men — sponsoring special-interest legislation, using hyperbole, Orwellian terminology, 

and misdirection, while paying little heed to the cost or inconvenience to other, the damage to future

applications of the principle being asserted, and the existence of far more important problems to

solve.   That’s especially true when, like here, men let them. . . . . . .


– click to read the rest of this postwhere we ask just why it takes so long for women

to use restrooms, warn against “no-brainers”, discuss Prostate Equity, and otherwise

put our body parts at risk, while asserting:


My notion of gender equality means taking women seriously enough to

ask them the samehard questions as I would ask any male who has a

a political cause he wants me to endorse. 

 

 








over there’s
the dog’s toilet…
mountain cherry blossoms

 

 

 

 

 

 


smelling like sake
smelling like piss
chrysanthemums

 

      ISSA, translated by David G. Lanoue











femaleSymN  maleSymN

 


.

June 13, 2005

cross currents

Filed under: pre-06-2006 — David Giacalone @ 3:36 pm

I’ve been thinking about conflicts, queues and water closets today.

Until my piece is finished, you can enjoy the poetry of Peggy Willis Lyles:

 







 

 

a trickle

from the wellspring —

clearing sky

 

 

 

 

 

 

processional

cold wind lifts one corner

of the pall

 

 

 

 

 

 

 

 

 

cross current—
in the cooler
blue crabs fight

 

 

 

 


“processional” & “cross currents–” from To Hear the Rain (Brooks Books, 2002)

“a trickle” – Upstate Dim Sum (Special Guest, 2005/I)

 

 
















the pretty girl’s

sunburnt face —

straw hat on my bald spot

 

                 [June 12, 2005]

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