Today’s ABA Journal eReport spotlights the recently-released study
Two Cheers for Contingent Fees (AEI, Aug. 2005), written by economic
professors Alexander Tabarrok and Eric Helland (eReport, by G.M.
Filisko,“Fee Caps Won’t Solve Liability Crisis, Study Says,” Sept. 23,
2005). Today’s article quotes GMU’s Tabarrok defending the Study from
the critiques of Walter Olson (of the Manhattan Institute and Point of Law),
Cardozo Law Professor Lester Brickman, and myself.
In our prior post, “fees of the assumption” (Aug. 26, 2005), I outlined my basic
problem with the T&H study: it’s based on two major premises that are belied
by the facts. Frist, T&H posit that contingency fee arrangements are “efficient”
because — well — contracting is efficient. My retort:
This assumption of efficiency has no basis in fact when
applied to the contingency fee arrangement between lawyer and client.
In the vast majority of cases, the lawyer presents the client with a contract
that reflects the standard or “prevailing” fee in their locality; the client
has no idea that he or she has the right to negotiate the percentage
level, and has no information that would allow for intelligent bargaining
— e.g., the likelihood of success, how much work is involved, or how
much the award is likely to be. [see our post “it’s not unusual (to
charge one-third)”]
Similarly, T&H assume as a matter of economic faith that p/i lawyers faced with
a cap on contingency fees would merely start charging by the hour and would
not lose income. As Olson and Brickman argue, there is no empirical evidence
supporting that claim and plenty of reasons to believe the switch to hourly fees
would never happen (including the historical fact that the lack of client funds were
the reason contingency arrangements arose and were allowed in the first place,
and the failure of p/i lawyers to offer hourly fee arrangements now to every client as
an alternative, even though ABA Formal Ethics Opinion 94-389 mandated over a
decade ago that they do exactly that.)
What is Tabarrok’s reply? He told the author of the eReport article that T&H’s
assumption is “trivial economics” and that “no economist would disagree with it.”
In other words “economic theory tells us this would happen or does happen” and
therefore we can base our conclusion on that assumption. I think Tabarrok is
trivializing economics by touting theory over reality — and even worse, by positing
simplistic theory that fails to take into account marketplace dynamics in a particular
and peculiar industry. Only fervent acolytes of T&H’s brand of economics will bow
down to their pronouncements and conclusions and accept them as the basis for
policymaking decisions. The rest of the us will conclude that economics has about
as much to with shaping public debate on topics such as tort reform and fee caps
as does theology.
Theories are guides; when they become blindfolds accepted on blind faith, they
rarely lead us to a useful destination.
September 23, 2005
trivializing economics (Tabarrok and Helland)
Comments Off on trivializing economics (Tabarrok and Helland)
September 22, 2005
everything was eliminated
Having spent the morning harvesting autumnal equinox haiku, I just
can’t get into the legal punditry frame of mind this afternoon. So,
instead, here are a few odd ends:
On the first day of Fall in 2003, we posted an email sent
by me to Scheherazade Fowler. The point was how important a small
gesture or event can be in the life of a legal neophyte (whether positive
or negative). Go tell someone what a good job he or she did today.
Don’t you love it when one of your pet prejudices proves to be
justified? Back on Sept. 11th, I noted my fear that Elijah Wood might
ruin the much-anticipated movie version of Jonathan Safran Foer‘s novel
Everything Is Illuminated. So far, reviews have not been kind to Liev
Schreiber’s treatment of the heralded debut novel. (e.g., see A.O. Scott, in
the NYT, and Jack Mathews’ treatment, in the New York Daily News, “Novel
had depth, but everything is eliminated,” Sept. 16, 2005). It appears that
Schreiber took out much of the novel’s soul. A large part of the problem seems
to be putting Elijah Wood in the role of the fictional Jonathan Safran Foer.
“EveryThingMovie” “Mr. Wood, perhaps trying to suggest watchfulness
“Wood’s owlish peepers, magnified behind large coke-bottle
glasses, are about all he brought to the role. Jonathan is about
the most passive protagonist you’re likely to see on the screen
for a while.” – Jack Mathews in the New York Daily News
“Wood’s Foer is an anemic straight-man caricature (hardly the
precocious nebbish Foer suggested himself to be)” – Michael
Atkinson in the Village Voice.
“Wood, whose mostly mute turn is defined by his black suit and
glasses, can only stare in stupefaction at Schreiber’s jittery mix
of broad laughs and sentiment. Audiences will share the feeling.
– Peter Travers at Rolling Stone
“With a slick helmet of hair and Harry Potter spectacles, Wood
is more alien than simply elitist New York intellectual in the role.”
I’m sure the other reviewers were just as scathing. In contrast to Wood’s
wooden visage, last night, I greatly enjoyed Billy Crudup’s portrayal of
Ned Kynaston in the 2004 film Stage Beauty. And, I was a bit envious
of the power held by Rupert Everett’s hoot of a King Charles II. As King,
Charles voided the ban on female performers on stage, and even banned
men from playing female roles. Were I king, I would surely ban Elijah
Wood from any movie that I am ever likely to want to see (at least until
he starts acting again). Since he hit puberty, he’s forgotten how to act.
What else would I do if I were absolute monarch? Ever hear of the
Someone queried What does a judge say in court> at Google. There were
almost 22 million in the Search. The #1 result was our post about an allegedly
rude judge from Ohio, Common Pleas Judge Deborah P. O’Neill. It was titled
The next two results: Judge: Parents can’t teach pagan beliefs and
Less surprising: There’s only one Google result for the query bocce advocate“>.
Ditto for Bocce Missionary“>. Guess who?
by dagosan
“duck pond”
the geese gang
have the most turf
[Sept. 22, 2005]
Comments Off on everything was eliminated
autumn begins, haiku continue
In 2005, September 22nd marks the autumnal equinox — when Fall begins
and night and day are nearly the same length. f/k/a is celebrating by
launching an Autumnal Equinox Haiku page, with haiku and senryu from
our Honored Guests and our Editor.
The good folk at “Universe in Motion” have put together an interesting
page of Autumnal Equinox information and tales. For example, they
remind us:
What’s going to happen? Not much really, so don’t wait up
until after midnight. It’s a little like an anniversary or a birthday.
While it is just a geometrical alignment, it is one that reminds
us about the passage of time, the motion of the Earth, and the
changing of the seasons. It marks the start of autumn.
What’s so special about it? There are a few special things you
can talk about [at school].
As summer wears on, the nights have been growing longer and
the days shorter. On this date, the night becomes longer than
the day! That’s just for us in the Northern Hemisphere. For our
friends in Australia [hi, Sarni!], it’s reversed. Spring has just begun
for them.
A minor point … if you look up the rising and setting time
of the Sun in the newspaper, it’ll look as if the day is still
a bit longer than the night. That’s mostly because “sunset”
and “sunrise” are defined by the top edge of the Sun, not the
middle of it, and the middle of the sun sets (rises) a few
minutes before (after) the edge does.
On this day, the Sun will begin to rise at the South Pole after six
months of darkness. It’s going to be daytime there for the next six
months! And yes, there are scientists who are living and working
down there now! They have a party to celebrate.
On this day, the Sun rises directly in the East, and sets directly in
the West..
On this day, the Sun passes straight overhead, at the “zenith” for
people on the equator, like in Kenya or Ecuador. When the Sun
passes straight overhead, there aren’t any shadows!
The equinoxes (there are two — the Vernal Equinox marks the first day
of spring) have a rich place in mythology and ancient traditions. Ancients
believed the gods guided the Sun across the sky, and so they paid
attention to the way that it moved. (of course, we [at least some of us]
now know that what’s really moving is us). They used a variety of tools to
watch that motion.
time to enjoy them (before Heating Degree Days and cost per therm become
part of our daily vocabulary).
Autumn Equinox…
the first car
of a northbound train
end of summer
the rain arrives
without thunder
autumn equinox
a red dragonfly
tilts its wings
p.s. Paul David Mena has captured a
traditional autumn experience at haikupoet.com.
September 21, 2005
rushing the season
If you’re like me, you prefer autumn to summer. Nevertheless,
the start of the fall season makes me a little worried about
the rapid appearance of winter and the big holiday season.
That feeling is increased, when I see giant displays of decorated
Christmas trees already arrayed in department stores.
As long as my brain is bent on rushing through autumn, I thought
I’d let Michael Dylan Welch be my guide:
late afternoon sun—
jumping in the leaf pile
to hear the crunch
apples picked
and the casket chosen —
lingering sunset
leaves turning —
the toboggan hanging
in the dark garage
first cold night–
smell of hot dust
from the vent
first date
letting her
put snow down my neck
Christmas Eve —
bits of a price sticker
stuck on my finger
“late afternoon sun” – Thornewood Poems, Captain Haiku’
“first date” – edge of light; south by southeast 10:3
“first cold night” – Open Window, haiku and photographs
“Christmas Eve” – The Heron’s Nest (Sept. 2005)
from dagosan:
first day of fall
pumpkin pie
from scratch
autumn equinox–
biting into
the last moon cake
autumn equinox —
awaking to
summer’s last cricket
[Sept. 21, 2005]
potluck
so many law grads use for avoiding public interest jobs. We
unaccredited law schools should be required by law to tell applicants
their attrition and bar-passing rates. I argue that government intervention
is not appropriate until it’s shown that (1) the information is not available
from the schools or (2) the information is likely to lead to better decision-
making by any significant number of applicants. I’d also like to know
whether the local or region accrediting bodies have rules similar to the
ABA’s Standard 501(b): “A law school shall not admit applicants who do
not appear capable of satisfactorily completing its educational program
and being admitted to the bar,” its the basic consumer information require-
ments of Standard 509. See our Homework for Law School Applicants.
sent in by Ed Markowski:
September 20, 2005
she wiggles her tooth
In an interview with Lidona Beer in 2001, Peggy Lyles was asked to
name some of her own haiku that she liked the best. She included
the following quartet (which dagosan wishes he had written):
autumn
and my son’s voice deepening
the wind chimes
wild persimmons
a woman at the roadside
wiggles her last tooth
purple twilight spilling frogs
boarding call
the ripe banana flavor
of the small one’s cheek
To Hear the Rain (Brooks Books, 2002)
potluck
A year after the ABA passed its Model Rule requiring that “Each
lawyer admitted to the active practice of law shall certify to the
highest court of the jurisdiction…whether the lawyer is currently
covered by professional liability insurance, ” HALT offers a guide
to the status of malpractice disclosure rules in every state. Only
Alaska, New Hampshire, Ohio and South Dakota require that un-
insured lawyers directly disclose their insurance status to their
clients. Some states, such as Illinois, have the information readily
accessible on bar counsel’s website. Many states have done nothing.
Only Oregon requires that lawyers carry malpractice insurance.
HALT has also issued a Consumer Advisory for California, reminding folk that
Governor Arnold must decide in the next few weeks whether to sign important
legislation:
California is one signature away from enacting an important small
claims reform bill. The state legislature has passed two identical bills,
Assembly Bill 1459 and Senate Bill 422, which would increase the
amount for which individuals could sue in small claims court from
$5,000 to $7,500, the state’s first increase in 15 years. The legislation
would also mandate improved training for small claims judges and
would increase the availability of court-provided translators and
advisors in small claims courts.
As HALT says, “These bills are a real opportunity for California to expand the
availability of the one court that actually works well for ordinary people.” To
contact Gov. Schwarenegger, you can use the form at http://www.govmail.ca.gov/,
“Tiny check” Thanks to Evan Schaeffer for pointing to our Harvest Moon 2005
posting.
rules about costs and bar passage rates? John Steele says yes, in a Comment, I’m
skeptical.
the delinquent discipline of lawyer Hausmann
Thanks to the HALT eJournal, I just learned the fascinating story of
Milwaukee personal-injury lawyer Charles J. Hausmann:
Wisconsin, and he’s been in practice since 1971, with no prior disciplinary
record.
kickbacks of $77,000 from a local chiropractor — that was 20% of the fees
that were charged for medical services to over 200 of Hausmann’s uninsured
clients, who were never told of the referral arrangement. (The plea was
conditional, allowing him to appeal the denial of a motion to dismiss.)
“tinyredcheck” Hausmann would have the chiropractor write checks to
third parties, including a charity whose bank account
Hausmann controlled (and which used some of the funds
for landscaping at Hausmann’s residence). One of the
charities named Hausmann its “attorney of the year” in
August 2003. [many more details on the skullduggery —
how the scheme was structured and where the money
went — can be found at Paragraphs 6 – 8 of this opinion]
November 28, 2003, he started a 60-day sentence at the minimum security
prison at Oxford. Hausmann told the Milwaukee Journal Sentinal that “I
expect to pay my penalty and come back and be the most caring and
empathetic lawyer in history.”
Despite all of the above, until August 2005, the Wisconsin Bar would
inform anyone who inquired that Charles J. Hausmann was an “attorney
in good standing.” He continued his practice, using brochures that urge
injured persons to “Find a lawyer and law firm they can really trust.”
against Hausmann until January 15, 2004, and Wisconsin’s Supreme Court
didn’t issue its opinion in the matter until July of this year, ordering a one-year
suspension effective August 30, 2005. Matter of Hausmann, Case #2004AP156-D,
filed July 19, 2005).
Hausmann deserved a two-year suspension, as he failed
to admit to any harm to his 200 clients or conflict of
interest. The Referee was very impressed with Hausmann’s
charitable service — calling it “far above anything I have ever
seen before” — and recommended a one-year suspension.
Pointing to his restitution and long record of community
service and lack of prior discipline, Hausmann wanted 5
months. He refused to call the payments kickbacks, but
did concede it was an “ill-conceived plan.”
Many observers, including HALT’s Suzanne Blonder (Fox 6 News, “Justice
Delayed?”, Aug. 29, 2005), believe that Hausmann’s discipline came far
too late and is far too lenient. I agree with Blonder and the OLR.
There are a few other interesting wrinkles to this story:
A constant, public critic of the lax disciplinary
process in this case is Michael F. Hupy, a
p/i lawyer and competitor of Hausmann. Hupy
even has a “consumer tips” page on his website
warning the public about Hausmann.
The law firm of Hausmann McNally is fighting
to keep its name, despite the suspension.
Lawyer Richard Cayo argues “There are a lot
of good lawyers under that trade name that is
now fully branded. They should be permitted
the use of their corporate identity.”
Lawyer Hausmann conceived and sponsored
this mural of Phoenix Rising, which appears
on a building he owns in Milwaukee’s now-
ascending West End, where he grew up.
Although his professional death won’t be for
500 years, like the Phoenix, I bet Hausman
is planning to emulate the mythic bird
Does this guy deserve a break? What did Hausmann as a fiduciary owe to
his clients? Notice of the arrangement with Dr. Rise? Passing on the
discounts to benefit the clients? What did the Wisconsin Office of Lawyer
Regulation owe to the public? An immediate, temporary suspension once
the guilty plea was entered (as Carolyn Elefant suggests in a Comment)?
Once Hausmann lost his appeal?
update (Sept. 22, 2005): Walter Olson at Point of Law wonders
whether lawyers should be held to higher standards than hotel
concierges, who he claims regularly take kickbacks from restaurants
to which they steer business. (Until Walter mentioned that I thought
a 60-day sentence was insufficient for Hausmann, I hadn’t given his
jailtime any thought. Sixty days of “soft time” isn’t really very much,
is it? The question of white collar prison sentences is much in the
aiming their butts
at the moon…
rice field geese
September 19, 2005
too much law school / too little haiku
I spent some time at Prawsfblawg this afternoon, where the discussion
is “should we scrap the third year of law school?” — in response to the current
Legal Affairs Debate Club topic, featuring Laura Appleman and Daniel Solove.
I’m bemused by Laura’s assertion that law schools have a financial interest in
keeping the three-year system, while law professors are interested in the
teaching and mentoring benefits of the longer matriculation period. I weighed
in on the (in)appropriateness of reducing the number of law students in response
to a supposed oversupply. (My contention: there’s plenty of unmet demand for
lawyers, but the profession prices itself out of the reach of most Americans.)
It’s disappointing that there seems to be no law professors who are haiku poets.
Lucky for us, though, professors in many other fields have turned their talents
to haiku. A prime example, psychologist George Swede:
Two willows —
each its own way
with the windBurial
mourners and bare trees
blend
storm lull
freshly crumpled paper
creaks twice
In one year
work life ends—drizzle
with the rainbow
George Swede from The Heron’s Nest
“storm lull” (June 2003); “burial” (June 2005)
“two willows” (March 2005); “in one year” (Sept. 2005)
- by dagosan
scraping and scraping
his shoe —
curses for a nameless cur
the rose garden past its peak —
bending to sniff,
his bald spot shows
[Sept. 19, 2005]
potluck
The NCAA News ran an article last Monday, explaining
how this year’s NIT would work, and noting that the purchase
of NIT by NCAA “ironically” meant that the core antitrust issue
would not be addressed — whether the NCAA could forbid teams
invited to the NCAA Tournament from going to any other tournament.
See our post antitrusters question NCAA purchase of NIT
and seems to suggest our 2005 Harvest Moon post as an alternative
to falling asleep in class. (Hint to Jaybeas: the plural form of “haiku”
is “haiku”.)
Samaritan Paradox and public policy. Dare I ask: “What would Jesus do?”
Something tells me Jesus would not be an Austrian Economist.
holy cow: of bull and manure
Prof. Yabut’s back from vacation. Enough said:
mislead us not into temptation: Sadly, I can’t go back to those days
of innocence, when I believed priests were always right. Back in April,
we discovered the website of Priests for Life (whose leader is Fr. Frank
Pavone) and focused on the current online poll question, which appeared
to misread the roles of the Legislature and the Courts. This weekend,
we finally saw the results posted:
Question: Should the United States Congress exercise
veto power over Supreme Court decisions?
Results: Yes: 1329 No: 580
Comment: Given the fact that the Supreme Court has exceeded
its own Constitutional authority numerous times by legislating
from the bench against the will of the people (Roe vs. Wade being
the key example), and given the fact that these excesses have
had such a high price (such as over 42 million abortions), it seems
both reasonable and imperative to us that something be done by
Congress to limit the power of the Court.
Despite Prof. Grace’s concise explanation of when Congress may
and may not “veto” the actions of the Supreme Court, Fr. Pavone
continues to espouse a flawed understanding of our Governmental
system. In an attempt to influence the Roberts Confirmation process,
Fr. Frank issued the proclamation “Why We Voted” [for George W.
Bush] — making it clear that the vote of like-minded persons was
based on Bush’s promise to nominate judges who would interpret
the constitution in a manner consistent with their pro-life goals.
The Statement then concludes:
“This [Supreme] Court, which holds such an important place
in our system, is “supreme” only in reference to the other
courts in the judicial branch of government, and not in
reference to the other branches! The President and the
Congress are just as capable of interpreting the Constitution
as is the Court. In fact, they are sworn to do so.
“Moreover, the Supreme Court is not supreme over the moral
law. God alone has our ultimate allegiance, and what we pray
for above all this week is that every judge understand the limits
of his or her authority, and the profound obligation to respect
the rights – starting with life itself – that are bestowed not by
any Court, but by the Creator.”
Because I know several “serious” Catholics who believe every word
from Fr. Frank is “gospel,” I’m sorry to see him spread misinformation.
Because the word of an apostate might not mean much to Fr. Frank,
I’m hoping current “credible” Catholics out there with legal expertise
will write to him and explain the Court’s truly “supreme” role when
it comes to constitutional interpretation (i.e., Marbury v. Madison, 1803),
along with the requirement that justices put the Constitution ahead of
personal religious or moral beliefs. Email him at mail@priestsforlife.org .
pro-life group Fidelis, which explains on its Federal
Courts page that “Today, virtually every significant
moral issue is litigated in these courts. Following
the appeals process, there are no options available
for Americans other than the very difficult and extremely
rare process of an amendment to the Constitution.”
enraged this week at Sen. Feinstein. Fidelis President
Joseph Cella commented, that her remarks at the Roberts
Confirmation hearing were “the most disturbing because
she referred to the Catholic faith as ‘dictates.’ It shows
her callous insensitivity and ignorance of the teachings
of the Catholic faith.” We suggest Mr. Cella read our
post on serious catholics, and also check out the
statement of Catholic weblogger Jay Anderson, who
declared on September 13:
“Let me go on record. Should John Roberts ever vote to
uphold Roe and Casey on the basis of stare freakin’
decisis, there is a much stronger argument for denying
him Communion than there is for denying Communion
to a pro-abort politician like John Kerry. In fact, he should
be denied Communion should he ever vote to uphold such
an abomination.
“As a Supreme Court Justice, Roberts would have the power
to right the wrong that was perpetrated by the Court in Roe,
just as the Brown Court corrected the miscarriage of justice
wrought by Plessy v. Ferguson. To forego that opportunity
on the basis of a mere prudential rule of construction like
stare decisis would be unpardonable.”
Similarly, Priests for Life, quoting from various authoritative Church
documents, also declared:
“We urge those Catholic officials who choose to depart from
Church teaching on the inviolability of human life in their public
life to consider the consequences for their own spiritual well
being, as well as the scandal they risk by leading others into
serious sin. We call on them to reflect on the grave contradiction
of assuming public roles and presenting themselves as credible
Catholics when their actions on fundamental issues of human life
are not in agreement with Church teaching. No public official,
especially one claiming to be a faithful and serious Catholic, can
responsibly advocate for or actively support direct attacks on
innocent human life” (US Bishops, Living the Gospel of Life, 1998,
n. 32).
“No appeal to policy, procedure, majority will or pluralism ever
excuses a public official from defending life to the greatest extent
possible. As is true of leaders in all walks of life, no political leader
can evade accountability for his or her exercise of power (Evangelium
Vitae, 73-4). Those who justify their inaction on the grounds that
abortion is the law of the land need to recognize that there is a higher
law, the law of God. No human law can validly contradict the
Commandment: ‘Thou shalt not kill'” (US Bishops, Living the Gospel
of Life, 1998, n. 32).
it’s not swearing
it’s the only language
those cows understand
DeVar Dahl – A Piece of Egg Shell
WHC WorldHaikuRev. I:3
Wake Up and Smell the Manure! That’s the caption under this great take-off
on Grant Wood’s famous, oft-parodied painting, American Gothic. Taken by
photographer John Whipple, the illustration goes with the cover story in this week’s
Metroland, titled “Agriculture Wars.” (Albany, NY, by Rick Marshall, Sept. 15, 2005).
It’s the sad tale of oblivious yuppies, who have moved to the countryside seeking the
joys of rural life, only to discover [who knew?!] that even small farms can be quite noisy
and smelly. The article has some humorous anecdotes, plus a fertile field of opportunities
for lawyers representing homeowners, farmers, local zoning boards, etc. Indeed, reading
it, I was surprised that Walter Olson doesn’t already have a separate Agriculture category
over at Overlawyered.com. Among things law-related that I learned:
“Right-to-farm” laws to supplement State laws covering
agricultural districts. Farmers with neighboring housing
development hope the new laws will give them some
protection against nuisance lawsuits and allow them to
continue normal day-to-day farming operations that often
seem to irk and surprise neighbors — e.g., the use of manure,
the sound of cows and other livestock, the noise from farm
machinery early or late in the day, and slow-moving vehicles
on rural roads.
harvest moon
somebody’s cow moos
and moos and moos
DeVar Dahl – A Piece of Egg Shell
Disclosures in rural districts (warning of sounds and smells),
and the local right-to-farm laws would extend the disclosure
requirement to mixed-use areas.
“tinyredcheck” The hot legal issue these days is whether “agri-tourism” and
“entertaiment farming” — like seasonal hayrides, cornfield mazes
and pumpkin-decorating parties — should count as protected
agricultural acitivity.
The article notes: “Ask local farmers about their experiences with neighbors new
to the agricultural lifestyle, and you’re likely to hear a long list of baptism-by-fertilizer
scenarios. . . . . While such experiences were once an occasional source of humor,
for many farmers the Green Acres jokes have grown old from overexposure.
Even with the passage of new right-to-farm laws, “the threat of a court battle
can become the straw that breaks the small farmer’s back.” Tim Kilcer, agricultural
program leader for the Cornell Cooperative Extension of Rensselaer County, notes:
“Sure, [the agricultural district law] gives a certain amount of protection,
but that doesn’t stop someone from getting a lawyer and hauling your butt
to court anyways—and when you’re just getting by and getting worn down
by it all, it can be enough to make you say, ‘To heck with this.’ “
“PrairieHoT”
Prairie D’oh! Companion: We’d like to add our voice to those who have
complained about Prairie Home Companion‘s silly legal action to force the weblog
MNSpeak.com to cease and desisit from selling it’s Prairie Ho Companion t-shirts.
Geez, Garrison, ain’t you rich enough yet? [via Overlawyered.]
Bulls-n-Cows Together: As potty parity buffs, we can’t help but point to a
related topic of interest covered well by Walter O. last week: Unisex bathrooms.
my best moo
all the cows
stop and look
DeVar Dahl – A Piece of Egg Shell
No Bull: Your editor agrees with Ann Althouse that the Washington
Post‘s reasons for supporting the confirmation of John Roberts as Chief Justice
of the Supreme Court are more persuasive than the New York Times call to
reject the nomination. (and see LA Times, Rosa Brooks, “Liberals, pick
another battle,” via Howard B) WashPo aptly concluded:
“Judge Roberts represents the best nominee liberals can reasonably
expect from a conservative president who promised to appoint judges
who shared his philosophy.” and
“If presidents cannot predictably garner confirmation for nominees with
unblemished careers in private practice and government service, they will
gravitate instead to nominees of lower quality who might excite their bases.
Mr. Bush deserves credit for making a nomination that, on the merits,
warrants support from across the political spectrum. Having done their
duty by asking Judge Roberts tough questions, Democrats should not
respond by withholding that support.”
As we first mentioned above: enough said.
Comments Off on holy cow: of bull and manure
September 18, 2005
families and moon cakes – the Mid-Autumn Festival
If you need a good excuse for spending your Sunday with the family (and not cranking out billable hours or hanging out at the 19th hole), we’ve got one for you: today is the Chinese Mid-Autumn Festival.
A Chino-Australian law student (and fan of this website) wrote to tell me about this lovely family-oriented celebration, which is also seen as a harvest festival, and is known for the eating of moon cakes. One description explains:
The clear and radiant moon has been a subject of Chinese poetry and song since ancient times. And the moonlight of Mid-Autumn Festival brings particular warmth and ease to the hearts of the people of China. This festival is said to have originated from the ancient ceremony of Sacrificing to the Moon Goddess. When that ceremony was later combined with the Legend of Eating Mooncakes, Mid-Autumn Festival grew in the popular consciousness to become the major occasion that it is today.
“When the moon is full, mankind is one” — In China, the full moon has always represented the gatherings of friends and family. Thus, Mid-Autumn Festival is a time for family reunions. On this night, families will go together to scenic spots and parks for moon appreciation parties, eating mooncakes and pomeloes in the cool night air and praying for a safe year.
History buffs will enjoy the mooncake legend and its mythic part in helping with the revolt of the Han people against the Mongol Yuan Dynasty.
Yesterday afternoon, I went shopping for moon cakes and I had my very first one last night (actually, an entire 4000-calorie package of them). I saved a package to share with haijin Yu Chan and John Stevenson — who are going to let me instruct them on playing bocce this afternoon.
Here are three poems from Yu that set the tone for the Mid-Autumn Festival:
cutting the moon cake
just like my mother
Mid Autumn Festivaloverseas phone call
we talk about
the moonfull moon time to go home
………………………………… by yu chang
“cutting the moon cake” – Upstate Dim Sum 2002/I
“overseas phone call” – Upstate Dim Sum 2004/I
‘full moon’ – Upstate Dim Sum 2001/IIfollow-up: See our 2007 Mid-Autumn Festival posting;and here, too, with links to our Harvest Moon haiku collections.
city street corner –
the cricket, and I
and the harvest moon
………………………………….. by dagosan [Sept. 18, 2005]
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September 17, 2005
don’t forget to look up — harvest moon 2005
Tonight’s full moon is the Harvest Moon (arriving at 10:01 PM, EDT). According to NASA:
The Harvest Moon is no ordinary full moon; it behaves in a special way. Throughout the year the Moon rises, on average, about 50 minutes later each day. But near the autumnal equinox, which comes this year on Sept. 22nd, the day-to-day difference in the local time of moonrise is only 30 minutes. The Moon will rise around sunset tonight — not long after sunset the next few evening.
That comes in handy for northern farmers who are working long days to harvest their crops before autumn. The extra dose of lighting afforded by the full Moon closest to the equinox is what gives the Harvest Moon its name.
The Harvest Moon lasts for three nights. Unless our local cloud cover breaks, I may have to postpone my moon-gazing until tomorrow.
This time last year, we had two days of Harvest Moon haiku, each dedicated to one of our weblawging colleagues, whose names are listed below. Master Issa provided the haiku last year. This year, f/k/a would like to welcome a few more webloggers to the celebration, using harvest moon haiku and senryu by our Honored Guests and our dagosan.
The following haiku are dedicated to:
guess who at Jeremy Richey’s Blawg
harvest moon–
the dog brings
a dirty sock to bed
……………………………. by Paul David Mena – The Heron’s Nest (2001)
Stuart Camp at jd2b
three-headed stranger –
on his shoulders a pumpkin
and a harvest moon
Monica Bay at The Common Scold
loved ones return home
a harvest moon rises
over the bridge
………………………. devar dahl – A Piece of Eggshell
Lisa Stone at Inside Opinions
full moon
over harvested fields–
her water breaksrandy brooks – School’s Out
the formidable Professor Ann Althouse
harvest moon
wheat beyond the reach
of headlightsjohn stevenson – Upstate Dim Sum 2004/II
GAL the Greatest American Lawyer
I have swallowed
the autum stars
and I’m still hungryjohn stevenson – Upstate Dim Sum 2005/I
John Steele at Legal Ethics Forum
double-dribble —
harvest moon hanging
on the rim
………………………………. dagosan
Ben “MIA” Cowgill at his Legal Ethics Blog
harvest moon tonight —
the hostess stares
at the cloud cover
……………………………………………………… dagosan
Kevin J. Heller our TechLawAdvisor
hands cupping
cool spring water
harvest moonpaul m, 2nd place, Shiki Kukai (1997)
the ever-helpful j baumbart of j’s scratchpad
throwing stones at the
full orange moon —
the river recomposes
and the sharp-eyed Editor of Blawg Review
harvest moon
the thud of falling apples
in the night
lovers of wine and mushrooms:
harvest moon–
the peddler selling
eight cent sake
the sake gone
time to buckle down
and moon-gaze
Issa, translated by David G. Lanoue
- by dagosan
a nightlight
for our Gulf Coast friends —
Harvest Moon 2005
night game —
bocce balls kissing
the harvest moon
[Sept. 17, 2005]
The 2004 Harvest Moon Club:
Denise Howell at Bag&Baggage, Wm. J. Dyer of Beldar, Martin Grace at a tort et a travers,
Mike “Fed84” Cernovich at Crime & Federalism, our friend George Wallace of The Fool in the Forest,
B.J. Grenier at BenefitsBlog, Ken Lammers at CrimLaw, Jerry Lawson at eLawyerBlog, Ernie Svenson
THE attorney, UCL the Uncivil Litigator, Tom Mighell at Inter Alia, Evan Schaeffer at Legal Underground,
Ted Frank and Walter Olson at Overlawyered, Scheherazade Fowler at Stay of Execution, Nancy Stinson
at StarkCountyLawLib, Rick Klau at tins, Prof. Bainbridge at his eponymous weblog, Rufus B. Firefly at
Running with Lawyers, Dennis Kennedy of the snazzy new DMK.com, Robert Ambrogi of LawSites,
Kevin O’Keefe at Real Lawyers Have, Stuart Levine at TaxBizLaw, Carolyn Elefant of MyShingle, TBP, Esq.
at unbillable hours, J. Craig Williams at May It Please the Court, Margaret Marks von Transblawg,
Howard Bashman at How Appealing, Matt Homann at the [non]billable hour, Steve Minor at SWVaLawBlog,
Jeralyn Merritt at TalkLeft, for Prof. Lessig at his Lessig Blog, Madeleine of Mad Kane, Glenn K. Garnes of
EsqLawTech, Marcia Oddi of the Indiana Law Blog, Genie Tyburski of VirtualChase .
Click here for the excellent Shiki Kukai Harvest Moon haiku collection (Oct. 25, 1997).
September 16, 2005
bocce advocacy
Long before your Editor became a Haiku Advocate, or even a
Consumer Advocate, I was a Bocce Advocate — or, perhaps
more accurately, a Bocce Missionary, bringing the message
of its joys and benefits to my non-Italian-American friends.
In fact, as a summer playground director almost forty
years ago, while still in high school, I dragged a set of
bocce balls to our playground in Rochester, NY, and
taught a group of African-, Hispanic- and Italo-American
youths how to play. They all loved it and we immediately
started an intramural league. I’ve also introduced the game
to all of my adult friends, and virtually all of them — and their
children and dogs — instantly love the game. I’ve given bocce
ball sets to a few close friends for special events, such as
marriages (the family that bocces together stays together!
usually).
greatgrandpa’s
bocce balls —
three generations choose sides
learn, yet takes skills that can be nurtured and improved
for a lifetime, while having a good, competitive, usually
jocular time.
Dictionaries tell you that bocce is “A game of Italian origin similar
to lawn bowling that is played with wooden balls on a long narrow
court covered with fine gravel.” And the U. S. Bocce Federation
promotes an “official” brand of bocce played on such courts, with
leagues and championships that follow very strict rules. Regulation
bocce courts can be found all over the Northeast and wherever there
are enclaves of Italo-Americans.
Nonetheless, the Giacalones — and most pisano familes that I
know — put the lawn back into bocce. We play on grass in
backyards or parks, and sometimes on beaches. As the
USBF history page notes:
“Throughout history innumerable Bocce games have
been played in the streets, alleys, squares and country
greens of every European country and in North and
South America. Lovers of Bocce will play wherever
there is adequate space available.”
If you do not already know, I hope you’re curious and are asking,
“What is Bocce?” The USBF intro states:
The purpose of the game is to roll the bocce, a 4- inch
ball weighing about three pounds, as close as possible
to the pallino, a 1- inch ball which is rolled down the
alley first. The bocce coming closest to the pallino scores.
. . . The game requires: good judgement of distance, the
ability to size up a situation immediately, a good eye to
spot contours and rough spots in the alley, and the proper
psychological frame of mind.”
That proper “frame of mind” should include a willingness to play
by the rules — while complaining that your opponents are cheating
— and the ability to enjoy playful razzing and being razzed. Although
most of my female friends normally find “male” sarcasm intolerable
in all but the smallest doses, they seem to become instant experts
in it when playing bocce, giving even better than they get and very
often winning the game, too.
backyard bocce –
tonight we’re
the noisy neighbors
girls against guys —
who knew
white wine improves your aim?
Even in parts of the country where winter brings snow, there is still
plenty of time for playing bocce. When you purchase a set, you’ll
only get a copy of the “official rules.” So, I have dug up and posted
a copy of my Official Giacalone Family Informal Bocce Rules. [click
on the tab at the lower righthand corner of the document to enlarge it]
Although filled with lame attempts at humor, the rules are fairly clearly
spelled out.
When buying a set, please don’t get balls
smaller than 109 mm, unless your kids need the
smaller ones to fit their little hands. It’s worth the
extra price to have “real” full-sized balls for the adults.
You may contest my politics or religious beliefs, but I don’t think
you’ll disagree with my faith in the healing power of bocce.
My Grandpa Bart and the other old Italian guys often said “kissa the palino,” when a bocce ball rolled up slowly and nestled right up against the palino (the small ball that is the target; sometimes called a jack). I did not know as a kid, that they were making a translingual pun — the Italian word for kiss is bacio, and the plural is baci. Click here for the very romantic story of the first chocolate kisses — Baci from Perugina/Nestle.
written any bocce haiku or senryu. Barry George has, however,
penned poems featuring a number of other ball games:
fall twilight–
my brother going out
long
rainy playground–
a patch of new grass
hides the softball
fall’s first chill —
the football
bounces louder
dribbling a ball
to the rim’s lure–
April twilight
by Barry George from
“fall’s first chill” – A New Resonance 2; Haiku Happens 1998
“fall twilight” – A New Resonance 2; Snapshots #8
“dribbling a ball” – Snapshots #10
“rainy playground” – tiny words (April 8, 2002)
- by dagosan
bocce party tonight —
first, a round of
pooper scooping
[Sept. 16, 2005]
update (8 PM): I knew I could count on ed markowski to
quickly add to our bocce collection. Here’s his first offering:
the english kid
i tell him again
it’s not a croquet ball
muzzle him!
. . . no, not Schumer or Hatch or any other members of the Senate Judiciary
Committee. An ad in Metroland (“the alternative newspaper of the NY Capital
Region”) suggests that wives may wish to muzzle their Mr. [Always] Right.
“muzzleMate!s”
The ad (see it full-sized here), proclaims:
MUZZLE HIM!
It could happen to anyone; you
married a know-it-all!
When you just can’t take it any
more, reach for your MuzzleMate!
Then, sit back and enjoy the silence!
Go to MuzzleMate.net for more info.
I know a lot of wives who might want this item and even more husbands
who need it. Unfortunately, putting http://www.muzzlemate.net/ into
your browser will only get you a “page cannot be found” message. Now,
I’m not suggesting this as a alternative, but http://www.muzzlemate.com
offers you an ingenious and safe way to clean a dirty bore — the original
MuzzleMate, a clamp-on firearm splatter shield. [Of course, Evan’s ever-
patient Andrea would never want either of these products.]
If you’re feeling frustrated or guilty, a few senryu about married life
from Tom Clausen should help make things better:
my wife admits
she is not perfect,
but is glad I am
on the wall
Jesus on the cross
above her side of the bed
she’s waited up …
to have some last words
with me
from Homework (Snapshot Press 2000) order it here
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September 15, 2005
the wrong big pink guy
Last night, Gwen Ifill mentioned that PBS had live coverage of the
Roberts’ nomination hearings. Today, while Ted Kennedy was
questioning John Roberts, I thought I’d turn off my radio and watch
a few minutes on our local PBS station. When the screen filled
with a large pink face, I thought WXXI was indeed broadcasting the
hearing.
Then, however, my spirits dropped. It wasn’t Ted, it was Barney —
no, not Massachusetts’ Barney Frank — but that big, cloying-annoying
dinosaur. So, I turned off the tv, and came to the decision that I really
didn’t need to listen to Kennedy vs. Roberts.
he makes
a fine windbreak —
sumo wrestler
the defeated wrestler, too
joins the crowd…
bright moon
his wife watched
the match…
defeated wrestler
But, seriously, I’m not going to miss the
Senate Judiciary Committee — As Jim Lindgren noted,
there are just too many Foghorn Leghorns. I am,
however, already missing summer.
summer’s end –
my children try to teach me
how to smile
summer’s end
the abattoir truck
lingers around town
summer spate
muddy water pulls
the salmon home
“summer’s end–” – The Heron’s Nest (Jan. 2003)
“summer’s end” – A New Resonance 2: Emerging Voices
“summer spate” – Haiku Canada Newsletter – (Feb 2005)
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September 14, 2005
keep your shirt on, it’s almost fall
summer ending
sound of a lawn mower
through closed windows
children’s gardens
all the scarecrows
dressed like mom
September sunset
cows come single file
through the pasture gate
late summer
the water
in one ear
potluck
I found it amusing to read at Overlawyered.com that “Socialists and Greens” have been
pushing for a “tan ban” in the European Union, that would require employers to make sure
the help keeps its shirts on. The EU Parliament has declined to act, leaving the matter to
each member State. (see “Builders and barmaids avoid EU tan ban”, Reuters/Swissinfo.com,
Sept. 7, 2005).
Before legislators try to get the Gulf Coast insurance companies to
pay for damage specifically excluded in policyholder contracts, they should all be
required to read RiskProf‘s How to Destroy the Ins. Industry in the Gulf States.
