f/k/a . . .

one hand

then the other

eating alone

 

 

 

 

   

one wing
folded against the other–
colors of a dead butterfly

 

 

 

 

 

 

one mirror for everyone

the rest stop

restroom

 

 

Gary Hotham 

“one hand” - Global Haiku (G. Swede & R. Brooks, eds., 2000) 

“one wing” - The Heron’s Nest (Dec. 2001)

“one mirror” - from breathmarks: haiku to read in the dark 

 

• 
  
  by dagosan                                               

two days

after the hurricane –

tears for strangers

 

                          [Aug. 31, 2005]

 

  potluck

  My head is swimming (drowning) with thoughts of Kristina’s

devastation and chaos.   Safe in a comfortable home with working

plumbing, and having ready access to transportation, food, and

communications, I can’t possibly know what it feels like to be a

Kristina refugee.  This writer can’t find the words to express my

sadness and my hopes for so many strangers who seem so

vulnerable and face so many tribulations.

 

  RiskProf Martin Grace explains why Katrina will mean higher     

insurance rates for Florida and elsewhere — think: reinsurance, rebuilding

(lumber), and risk.    He also graciously points to our post today on Lawyer

Litigators Day, and usefully informs us that there is a new weblog from

Brookings-AEI regulatory group, called the Daily Reg-Report.

Browsing the new weblog, I quickly found a

study that confirms what I’ve said for years —

phoning while driving is more dangerous than

driving drunk.  See A Comparison of the Cell

Phone Driver and the Drunk Driver, David L. Strayer,

F. Drews, D. Crouch. Working Paper 04-13. Jul 2004.

 

As busy as Martin Grace was at RiskProf, he nonetheless

contributed an interesting piece to Point of Law today, asking

whether The Catholic Church Gets Good Legal Advice? 

(While he’s surely right to suggest that the Church’s lawyers

have added to its woes, I’m not totally sure I agree with Martin

that “the Church’s lawyers did not cause the Church’s liability

problems.”   If counsel played any role in constructing and

prolonging the decades of cover-up and the sheltering of sexual

offenders, they indeed bear a lot of blame.)

 

                                                                                                                                                      

 

 

one hand

then the other

eating alone

 

 

 

 

   

one wing
folded against the other–
colors of a dead butterfly

 

 

 

 

 

 

one mirror for everyone

the rest stop

restroom

 

 

Gary Hotham 

“one hand” - Global Haiku (G. Swede & R. Brooks, eds., 2000) 

“one wing” - The Heron’s Nest (Dec. 2001)

“one mirror” - from breathmarks: haiku to read in the dark 

 

• 
  
  by dagosan                                               

two days

after the hurricane –

tears for strangers

 

                          [Aug. 31, 2005]

 

  potluck

  My head is swimming (drowning) with thoughts of Kristina’s

devastation and chaos.   Safe in a comfortable home with working

plumbing, and having ready access to transportation, food, and

communications, I can’t possibly know what it feels like to be a

Kristina refugee.  This writer can’t find the words to express my

sadness and my hopes for so many strangers who seem so

vulnerable and face so many tribulations.

 

  RiskProf Martin Grace explains why Katrina will mean higher     

insurance rates for Florida and elsewhere — think: reinsurance, rebuilding

(lumber), and risk.    He also graciously points to our post today on Lawyer

Litigators Day, and usefully informs us that there is a new weblog from

Brookings-AEI regulatory group, called the Daily Reg-Report.

Browsing the new weblog, I quickly found a

study that confirms what I’ve said for years —

phoning while driving is more dangerous than

driving drunk.  See A Comparison of the Cell

Phone Driver and the Drunk Driver, David L. Strayer,

F. Drews, D. Crouch. Working Paper 04-13. Jul 2004.

 

As busy as Martin Grace was at RiskProf, he nonetheless

contributed an interesting piece to Point of Law today, asking

whether The Catholic Church Gets Good Legal Advice? 

(While he’s surely right to suggest that the Church’s lawyers

have added to its woes, I’m not totally sure I agree with Martin

that “the Church’s lawyers did not cause the Church’s liability

problems.”   If counsel played any role in constructing and

prolonging the decades of cover-up and the sheltering of sexual

offenders, they indeed bear a lot of blame.)

 

                                                                                                                                                      

 

 

Thank goodness for my StatCounter Keyword Analysis page – it reminded me

that August 31st is “Love Litigating Lawyers Day.”  It seems that Evan Schaeffer

and Beldar are too humble to bring up the topic.  Even Overlawyered.com has

overlooked it, as has How Appealling. 

 

Last March, I wrote a post describing my unsuccessful search for Hug a Lawyer 

Day or a Lawyer Appreciation Day.  The closest I could find was today’s designation

of Love Litigating Lawyers Day, which is mentioned on a couple of Celebrations Lists. 

Although our post is the #1 Google results for queries like lawyer appreciatin day>,

I’m sorry to say that I have no additional details about how the day is celebrated or who

sponsors it (of course, I have my suspicions).

 

The best I can do — in true Prof. Yabut and skepticalEsq fashion — is to collect a few

of my favorite quotations about litigation and trials, for you edification.

 

Let’s start with some observations from Abraham Lincoln’s notes to law

students: 

“Discourage litigation. Persuade your neighbors to compromise whenever

you can. Point out to them how the nominal winner is often a real loser —

in fees, expenses, and waste of time. As a peacemaker the lawyer has

a superior opportunity of being a good man. There will still be business enough.”

 

“Never stir up litigation. A worse man can scarcely be found than one who does

this. Who can be more nearly a fiend than he who habitually overhauls the register

of deeds in search of defects in titles, whereon to stir up strife, and put money in

his pocket? A moral tone ought to be infused into the profession which should

drive such men out of it.”

If that’s too serious, here’s a bunch from Poetic Justice, edited by Jonathan and Andrew

Roth (Nolo Press, 1994):

As a litigant, I should dread a lawsuit beyond almost anything else short

of sickness and death. 

                               — Judge Learned Hand

 

The houses of lawyers are roofed with the skins of litigants.

                           - -Welsh proverb

 

A lawsuit is a fruit-tree planted in a lawyer’s garden.     

                             — Italian proverb

 

The lawyer’s prayer: God grant that disputes may arise that I may live.

                                  — Spanish proverb

 

May you have a lawsuit in which you know you are right.

                                    – Spanish Gypsy curse

 

Lawyer: A fellow who is willing to go out and spend your last cent to

prove her’s right.

                           - Anonymous

  Finally, the always-insightful Gore Vidal has noted:

For certain people after fifty, litigation takes the place of sex.

 

If you prefer cartoons, here’s a goodie from Wiley and one with Lawyer Snoopy.

 

For those who want something meatier to chew on, go to the ABA webpage on

Choosing Mediation Over Litigation.   If you’re one of those lost souls who fears

there just isn’t enough litigation in America, we suggest checking out our Dec.

2003 post Are There Really Too Few Trials?

 

• 
  
  When you’re finished celebrating litigators today, don’t
  
  
  forget that Aug. 31st is also National Box Car Day,
  
  
  Trail Mix Day, Eat Outside Day and Mutt’s Day.

Thank goodness for my StatCounter Keyword Analysis page — it reminded me

that August 31st is “Love Litigating Lawyers Day.” It seems that Evan Schaeffer

and Beldar are too humble to bring up the topic. Even Overlawyered.com has

overlooked it, as has How Appealling.

 

Last March, I wrote a post describing my unsuccessful search for Hug a Lawyer

Day or a Lawyer Appreciation Day. The closest I could find was today’s designation

of Love Litigating Lawyers Day, which is mentioned on a couple of Celebrations Lists.

Although our post is the #1 Google results for queries like lawyer appreciatin day>,

I’m sorry to say that I have no additional details about how the day is celebrated or who

sponsors it (of course, I have my suspicions).

update: See “we all missed Be Kind to Lawyers Day on April 8” (April 15, 2008)

The best I can do — in true Prof. Yabut and skepticalEsq fashion — is to collect a few

of my favorite quotations about litigation and trials, for you edification.

 

Let’s start with some observations from Abraham Lincoln’s notes to law

students:

“Discourage litigation. Persuade your neighbors to compromise whenever

you can. Point out to them how the nominal winner is often a real loser —

in fees, expenses, and waste of time. As a peacemaker the lawyer has

a superior opportunity of being a good man. There will still be business enough.”

 

“Never stir up litigation. A worse man can scarcely be found than one who does

this. Who can be more nearly a fiend than he who habitually overhauls the register

of deeds in search of defects in titles, whereon to stir up strife, and put money in

his pocket? A moral tone ought to be infused into the profession which should

drive such men out of it.”

If that’s too serious, here’s a bunch from Poetic Justice, edited by Jonathan and Andrew

Roth (Nolo Press, 1994):

As a litigant, I should dread a lawsuit beyond almost anything else short

of sickness and death.

— Judge Learned Hand

The houses of lawyers are roofed with the skins of litigants.

- -Welsh proverb

A lawsuit is a fruit-tree planted in a lawyer’s garden.

— Italian proverb

The lawyer’s prayer: God grant that disputes may arise that I may live.

— Spanish proverb

May you have a lawsuit in which you know you are right.

— Spanish Gypsy curse

Lawyer: A fellow who is willing to go out and spend your last cent to

prove her’s right.

- Anonymous

Finally, the always-insightful Gore Vidal has noted:

For certain people after fifty, litigation takes the place of sex.

If you prefer cartoons, here’s a goodie from Wiley and one with Lawyer Snoopy.

For those who want something meatier to chew on, go to the ABA webpage on
Choosing Mediation Over Litigation. If you’re one of those lost souls who fears
there just isn’t enough litigation in America, we suggest checking out our Dec.
2003 post Are There Really Too Few Trials?

• 
  When you’re finished celebrating litigators today, don’t
  forget that Aug. 31st is also National Box Car Day,
  Trail Mix Day, Eat Outside Day and Mutt’s Day.

clear and cold

the snap

of her attorney’s briefcase

Ed Markowski

tagging along

with an ice cream cone

the senior partner

long deposition–
the lawyer’s
“at the risk of repeating myself”

Barry George

afterthought (3 PM): To no one’s surprise, the f/k/a gang thinks we

need a Love a Lawyer-Poet Day. Until one is launched, the closest

thing might be owning your very own copy of Off the Record: an anthology

of poetry by lawyers, 28 Legal Studies Forum (No. 1 & 2, 2004), which

is described here, or its sequel, Legal Studies Forum XXIX:1 (2005), described

here. They look like law journals, but they contain food for the soul –

and reason to celebrate every day, whether you’re litigating or not.

• from dagosan

litigation bags –

the associate’s

half-closed eyes

[Aug. 31, 2005]

postscript (4 PM): You may recall that I did some unseemly begging at this website

last week and convinced Evan Schaeffer to send me a Legal Underground coffee mug.

It arrived this afternoon (lovingly packaged) and I’m just finishing my first cup of coffee

from the mug. Thanks again, Evan. Do you think this will turn a retired mediator into

a swashbuckling litigator?

last bale of hay–

we sit down on it

and watch the moon

 

        lee gurga

 

It may be the last week of August, but we’re here working hard to 

bring the very best in haiku poets to f/k/a’s readers.  Frankly, they

don’t get any better than our newest Honored Guest poet, Lee Gurga.

 

  Born in Chicago, Lee lives and works as a general dentist

in the farming community of Lincoln, Illinois.  A past president of the

Haiku Society of America, he is currently editor of Modern Haiku,

the longest-running journal of haiku and haiku studies in English. 

His haiku collections have twice been chosen as best of the year

by HSA, and his Haiku: A Poet’s Guide was recognized by HSA

as the “Best Book of Criticism” for 2004.

 

Of course, as with our other Honored Guests, we care far more

about the poet’s haiku and senryu than about his credentials.  In the

haiku of Lee Gurga, I believe you will see not only a mastery of the

genre, but also the personal warmth and empathy that is mentioned

by all who know him and his work.  This is one dentist that everyone

likes to visit — and to bring home.   With clear words and direct images,

and a zen-like egolessness, he allows the reader to feel the subtle “aha”

moment that was experienced by the poet. 

 

Reviewing Fresh Scent: Selected Haiku of Lee Gurga (1998),  Cor van   

den Heuvel, Editor of The Haiku Anthology, declared that “Lee Gurga seems

destined to forge a fresh poetic heritage for the midwest.”  He continued:

“Not only does Gurga give us the beauty of the land, he

presents us with the activities of its people in such a way

that their loves and strengths, their sense of God and family,

and their good humor and friendliness all reach out of the

poems like a warm handshake. In giving us the heart of the

heartland, his haiku give us the heart of America.”

At times, this weblog very much needs Lee Gurga’s warmth and

humanity.  Like his Fresh Scent editor, Randy Brooks, I’m “grateful

to Lee for his gifts to us, these haiku from rural America.”  Thank you,

Lee Gurga, for the honor of sharing your poetry — beginning right now:

 

 

 

 

summer sunset—
baby finds his shadow
on the kitchen wall

 

 

 

 

 

 

 

 

street magician—
tourists appear
disappear

 

 

 

 

 

 

a bike in the grass
one wheel slowly turning—
summer afternoon

 

 

 

 

 

 

fluttering madly—
    butterfly in the slipstream
         of a passing freight

 

 

 

 

 

against the rumbling
of the thunderhead:
his toy gun

 

 

 

  Lee Gurga from Fresh Scent: Selected Haiku of Lee Gurga

(edited by Randy Brooks, Brooks Books, 1998)  

“summer sunset” - 1st place, 1990 Manichi Dail News Haiku Contest

“street magician” - hon. mention 1989 World Haiku Contest

• Click here for a few dozen Lee Gurga haiku,
  
  collected at Terebess Asia Online (TAO)

 

 

 

 

 

last bale of hay–

we sit down on it

and watch the moon

 

        lee gurga

 

It may be the last week of August, but we’re here working hard to 

bring the very best in haiku poets to f/k/a’s readers.  Frankly, they

don’t get any better than our newest Honored Guest poet, Lee Gurga.

 

  Born in Chicago, Lee lives and works as a general dentist

in the farming community of Lincoln, Illinois.  A past president of the

Haiku Society of America, he is currently editor of Modern Haiku,

the longest-running journal of haiku and haiku studies in English. 

His haiku collections have twice been chosen as best of the year

by HSA, and his Haiku: A Poet’s Guide was recognized by HSA

as the “Best Book of Criticism” for 2004.

 

Of course, as with our other Honored Guests, we care far more

about the poet’s haiku and senryu than about his credentials.  In the

haiku of Lee Gurga, I believe you will see not only a mastery of the

genre, but also the personal warmth and empathy that is mentioned

by all who know him and his work.  This is one dentist that everyone

likes to visit — and to bring home.   With clear words and direct images,

and a zen-like egolessness, he allows the reader to feel the subtle “aha”

moment that was experienced by the poet. 

 

Reviewing Fresh Scent: Selected Haiku of Lee Gurga (1998),  Cor van   

den Heuvel, Editor of The Haiku Anthology, declared that “Lee Gurga seems

destined to forge a fresh poetic heritage for the midwest.”  He continued:

“Not only does Gurga give us the beauty of the land, he

presents us with the activities of its people in such a way

that their loves and strengths, their sense of God and family,

and their good humor and friendliness all reach out of the

poems like a warm handshake. In giving us the heart of the

heartland, his haiku give us the heart of America.”

At times, this weblog very much needs Lee Gurga’s warmth and

humanity.  Like his Fresh Scent editor, Randy Brooks, I’m “grateful

to Lee for his gifts to us, these haiku from rural America.”  Thank you,

Lee Gurga, for the honor of sharing your poetry — beginning right now:

 

 

 

 

summer sunset—
baby finds his shadow
on the kitchen wall

 

 

 

 

 

 

 

 

street magician—
tourists appear
disappear

 

 

 

 

 

 

a bike in the grass
one wheel slowly turning—
summer afternoon

 

 

 

 

 

 

fluttering madly—
    butterfly in the slipstream
         of a passing freight

 

 

 

 

 

against the rumbling
of the thunderhead:
his toy gun

 

 

 

  Lee Gurga from Fresh Scent: Selected Haiku of Lee Gurga

(edited by Randy Brooks, Brooks Books, 1998)  

“summer sunset” - 1st place, 1990 Manichi Dail News Haiku Contest

“street magician” - hon. mention 1989 World Haiku Contest

• Click here for a few dozen Lee Gurga haiku,
  
  collected at Terebess Asia Online (TAO)

 

 

 

 

 

!!!  Please don’t fear that yesterday’s posts agreeing with Prof. Bainbridge will

unduly upset the balance of nature.  This morning, I quickly found something

disagreeable at his website – a bit of self-promotion bragging that L.A. Times

columnist Tim Rutten called Steve’s analysis of Catholic teachings relevant to

judges “precise” and “convincing”.  I couldn’t resist leaving a Comment reminding

Prof. B, with some quick examples from our prior post, that his analysis actually

was incomplete and muddied waters that had been quite clear. 

   Stay tuned!  An email from Steve suggests that

he is quite upset that I would imply he’s left things

purposefully muddy concerning Church teachings.

update (Midnite): Prof. B. and I continue the discussion

in earnest in the comments to his Self-Promotion post.

  Wish I could be there:  There will be an AEI panel discussion on Sept. 7th

in D.C. on the meaning of the $253 Million Vioxx Verdict.  Prospective (and 

contingent) Vioxx billionaire plaintiff’s lawyer Evan Schaeffer will be on

the panel, along with Overlawyered’s Ted Frank.  Evan will speak on the

effects of Ernst v. Merck on the jury system.

 

  Today’s NYT op-ed by John Tierney is right on target: special hybrid-car lanes

on  highways are likely to have the net effect of “dirtier air and more gasoline

consumption.” (”The Road to Hell Is Clogged With Righteous Hybrids,” Aug. 30,

2005)  High-ocupancy toll (HOT) lanes make much more sense.  See this CATO

report by Poole & Orski.

Which reminds me:  besides Hawaii’s risky attempt   

to control petroleum prices (perhaps meant to be an

object lesson in economics and civics for its populace),

there seems to be a lot more talk of consumers holding

gas boycotts.  Please see our prior post on silly one-day

gas boycotts.

 

• 
  
  by dagosan                                               

sticky sunrise –

waking to an empty

ice cream carton

 

                     [Aug. 30, 2005]

 

 

!!!  Please don’t fear that yesterday’s posts agreeing with Prof. Bainbridge will

unduly upset the balance of nature.  This morning, I quickly found something

disagreeable at his website – a bit of self-promotion bragging that L.A. Times

columnist Tim Rutten called Steve’s analysis of Catholic teachings relevant to

judges “precise” and “convincing”.  I couldn’t resist leaving a Comment reminding

Prof. B, with some quick examples from our prior post, that his analysis actually

was incomplete and muddied waters that had been quite clear. 

   Stay tuned!  An email from Steve suggests that

he is quite upset that I would imply he’s left things

purposefully muddy concerning Church teachings.

update (Midnite): Prof. B. and I continue the discussion

in earnest in the comments to his Self-Promotion post.

  Wish I could be there:  There will be an AEI panel discussion on Sept. 7th

in D.C. on the meaning of the $253 Million Vioxx Verdict.  Prospective (and 

contingent) Vioxx billionaire plaintiff’s lawyer Evan Schaeffer will be on

the panel, along with Overlawyered’s Ted Frank.  Evan will speak on the

effects of Ernst v. Merck on the jury system.

 

  Today’s NYT op-ed by John Tierney is right on target: special hybrid-car lanes

on  highways are likely to have the net effect of “dirtier air and more gasoline

consumption.” (”The Road to Hell Is Clogged With Righteous Hybrids,” Aug. 30,

2005)  High-ocupancy toll (HOT) lanes make much more sense.  See this CATO

report by Poole & Orski.

Which reminds me:  besides Hawaii’s risky attempt   

to control petroleum prices (perhaps meant to be an

object lesson in economics and civics for its populace),

there seems to be a lot more talk of consumers holding

gas boycotts.  Please see our prior post on silly one-day

gas boycotts.

 

• 
  
  by dagosan                                               

sticky sunrise –

waking to an empty

ice cream carton

 

                     [Aug. 30, 2005]

 

 

A few years ago, I saw a magazine article that said it takes seven positive statements or

actions to compensate emotionally for each negative one you aim at your spouse.  I thought

about that insight into human nature this evening, when I got an email from Professor Bainbridge 

with the Subject “First for everything.”   Steve was amiably referring to my post earlier today,

in which I agreed with