What can I say about a Sunday that includes: hand-delivery, by
the venerable (and affable) Yu Chang himself, of the newest edition
of Upstate Dim Sum (2005/II); a pancake brunch with ample
portions of good coffee, good conversation and traditional diner-
style people-watching; a nice early autumn nap; and the early
arrival of the jointly produced Carnival of the Capitalists #107
and Blawg Review #29, hosted by Blawg Review’s own, omni-
present Ed-nonymous Editor? I can say: darn good Sunday —
except, it’s 10 PM and I haven’t done any posting yet today.
With no additional ado, here’s a good helping of haiku by
Ithacan, and Route 9 Haikuist Tom Clausen, from the newest
Upstate Dim Sum:
my mistakes —
no matter how many
coats of paint
in the car singing
until I’m passed
and seen …
last sandwich
from the loaf
the two ends
potluck
How does Steve Bainbridge find time for Mass, and still
to hunt up all his good press and engage in some self-congratulation?
Were I a Bible-quotin’ kinda guy, I’d be wondering how the Sermon on the
Mount fits in with all this Harriet-bashing (before the hearings, even), and
I might even do a chart featuring the Seven Deadly Sins v. the Neo-Cons.
Find inter-faith information on pride, envy, wrath, gluttony etc., here.
“witchbrewS” update (Oct. 24, 2005): Prof. B. wrote in to remind me
that he also
“took time out to mix up a mean batch of Kansas City Steak Soup
this weekend.”
I’d hate to think what he was mumbling while stirring that boiling
stew — and just what got chopped and diced in the process.
“witchbrewSF”
October 23, 2005
pancakes and dim sum
October 22, 2005
hall of mirrors
On an overcast Saturday, would you rather read more
negative stuff about Harriet Miers, see “snarky” remarks
about Cultural Protection at Mirror of Justice, or enjoy
some great senryu and haiku from Ed Markowski? I’m
with you:
house of mirrors
a different woman enters
every reflection
house of mirrors
i promise my wife
i’ll change
bells in the fog
i clearly recall
the toll of bourbon
“absolut control”
as if i could ever
stop at one
above the Atlantic
this desire to pee
on the side of the road
moonrise
the clatter of a roller coaster
climbing up the track
“moonrise” – Mainichi Daily News (Nov. 2005)
October 21, 2005
pumping old brakes
. . . and, posting old Brooks (and loving it):
first kiss
deep in the woods . .
sunbeams filter down
load of seedwheat–
pumping old brakes
all the way down the hill
day of atonement . . .
the weight of crabapples
bent to the ground
“autumn rain . . .” – Tasting Vintage Haiku (World Haiku Review)
“day of atonement” – Modern Haiku (Spring 2004)
“load of seedwheat” & “first kiss” – from School’s Out (1999)
by dagosan
first cold morning —
river mist mixes
with car exhaust
first cold day
torn index finger
on last year’s glove
[Oct. 21, 2005]
Hurricane Wilma, go away.
It’s 4:55 PM on a Friday — who cares what’s happening
in the Miers confirmation? Right now, not I. Have a
great weekend. That means you, too, Prof. B.
Out of breath. Naptime.
“napperGraySmN”
realtors and legislators are selling you out
Realtors like receiving that large, uniform commission — usually 6or 7 percent of the purchase price — every time they sell a home.Therefore, they dislike discount brokers, and particularly those whounbundle services and let home sellers pay a flat fee for eachservice or option package. Of course, if the realtors conspired togetherto exclude, punish or otherwise disadvantage cut-rate or fee-for-servicebrokers, they would violate the antitrust laws.However, realtor associations have found a sword against discount brokers and a shield against the antitrust laws: They’ve been successfully lobbying state legislators, who have dutifully enacted so-called “minimum service laws” (in the name of consumer protection, of course), which require brokers to provide a broad set of services, regardless of whether the consumer wants or needs them. Because trade associations can lobby without violating the antitrust laws (under the Noerr-Pennington doctrine), and they receive “Parker“ or State Action immunity from the antitrust laws for conduct that is required under a state law, consumers in many states have no antitrust protection against minimum-service laws, and now face fewer choices and higher fees when they sell or buy a home.Oklahoma passed a minimum-services law in June, and its realtors seem to be maneuvering for regulations that are even more restrictive than the statute (“Antitrust officials watching minmum service real estate laws,
Inman News, Oct. 19, 2005). Texas Gov. Rick Perry signed such a law in June,
effective Sept. 1, 2005, causing alternative brokers having to increase their prices and remove some options (“Flat-fee brokers adapt to new real estate law,” Inman News, Oct., 12, 2005). Alabama joined the consumer sell-out in August — with realtor clout demonstrated by a 35 – 0 vote in the Senate and 95 -1 vote in the House. (States snub Justice Department’s antitrust complaints (Inman News, Aug. 10, 2005). Ohio and Wisconsin are currently considering similar laws.
Although consumer advocacy efforts by the Federal Trade Commission
and Department of Justice, in each of the above states, have proven fruitless(e.g., their Letter re Texas legislation earlier this year), the agencies submitteda Letter this week (Press Release, Oct. 20,2005) to the state Senate in thenewest battle ground – Michigan.The FTC/DOJ Letter to Michigan legislators gives this background (at 4):
“It is becoming increasingly common for home sellers and home buyers to want some, but not all, of the traditional brokerage services. For example, some sellers might want help advertising their homes, but want to negotiate the sale price themselves. Such consumers might prefer to pay a real estate professional only for the service of listing their homes in the local MLS [multi-
ple listing service] and placing advertisements in local media. Other consumers might find a buyer without assistance, but would like to hire a real estate professional to assist them with the negotiation of the sales price or with the paperwork required to close the transaction. The marketplace is evolving in response to these consumers. Real estate professionals who are willing to provide a customized subset or menu of a la carte services have emerged in Michigan and throughout the country. These “fee-for-service” or “menu-driven” business models are currently legal under Michigan law and typically enable consumers to save thousands of dollars because the consumers pay only for those services they want.”The legislation proposed in Michigan (HB 4849) would require brokers acting“pursuant to a service provision agreement creating an exclusive agency relationship” to,at a minimum,provide (a) marketing services for the seller in the manner agreed upon in theagreement; (b) the acceptance of delivery and presentation of offers and counteroffers; (c)assistance in developing, communicating, negotiating, and presenting offers, counteroffersand related documents, until agreement is reached and all contingencies satisfied; (d) assis-tance necessary to complete the transaction under the terms specified in the purchaseagreement; and (e) furnishing and completing the legally-required closing statement.FTC Chairman Deborah Platt Majoras noted:“Consumers should have a choice in the level of real estateservices that best meets their needs. . . The bill likely wouldtake away lower-price choices and also likely increase theprices of full-service real estate services.”Thomas O. Barnett, Acting Assistant Attorney General in charge of the DOJ’sAntitrust Division, added: “Consumers deserve to receive the full benefits ofcompetition – greater choices and better services – in order to meet their realestate needs.” In their joint submittal, the agencies point out that there is noevidence that options available in the current broker marketplace has causedconsumer injury.The f/k/a gang wants to add that consumers always face some “emptypocketsS”level of potential risk, when they purchase lower-priced productsor services, but they should be allowed those choices, subject toa strong showing that the risk is unacceptable. That is especiallytrue in situations, like here, where consumers have such varied needsand capacities (for example, many Americans are capable of draftingtheir own fact sheets, and printing them at-home, and of talking pricewith potential buyers). Furthermore, there is a very real risk that anymandated package includes unneeded services sold at an articifiallyhigh price.Michigan can expect to face housing market slumps in the near future, due tothe troubles of companies like Delphi and Ford, which will bring countless layoffsand immeasurable uncertainties. If Michigan’s Realtors have their way, thoseforced to sell their homes at the bottom of the market will have fewer ways tosave money on brokerage services. But, they can feel so good about all thatextra paternalistic protection, courtesy of their smiling Realtors.Ken Wallis, chief legal adviser to Alabama’s governor, explained, it “was just ano-brainer” to approve their state’s new real estate law, because “The averageseller has to have additional assistance in a transaction.” Wallis added:“There are 100 things that the average seller does not know, andsomebody’s got to help them with it. It’s no different than paying adoctor’s fee or a dentist’s fee. You’ve got to have those services andthe public benefits from having a good agent or broker to handle theirtransaction for them. The governor’s interest in this matter was decidingif the law was in the best interests of the public.”On the behalf of the helplessly grateful residents of Alabama, we thank you, Gov.Bob Riley.I know the realtor trade groups have lawyers working to get these lawspassed. And legislative and executive branch counsel are kowtowing to the Realtors.Are any lawyers doing anything to protect the rights of home buyers and sellers? Or,is the Bar so paralyzed by its own dependence on anticompetitive guild tactics (suchas barring non-lawyers from performing real estate closings), and so blinded by itsown addiction to standard contingency fees, that it is embarrassed to come to theassistance of consumers who have no lobbying clout and no political action committees?
Note: On Nov. 8, 2005, the American Antitrust Instituteis holding a “Symposium on Competition in the ResidentialReal Estate Brokerage Industry.”updates:(Nov. 8, 2006)Ssee our brokers, commissions, renovations. writtenafter attending the above-referenced AAI Symposium.(Jan. 15, 2006): Lobbying to Sell Your House, NYT, by Glen Justice,Jan. 12, 2006 [via Matt Homannone last lookthrough the old apartmenta dry spongesince you movedjust a roadI don’t go downher eyes narrow,seeing for the first timemy little homeQuiet Enough (Red Moon Press, 2004)
October 20, 2005
no rubble, please
Even more than usual, my attention seems to be blown from
place to place lately by the slightest changes in atmospheric
pressure. It’s no surprise, then, that the august RiskProf’s
allusion yesterday to Wilma Flintstone sent me way off course
this morning.
As you know, Martin Grace’s expertise is insurance risk, so he’s
supposed to be worrying about Hurricane Wilma. Our expertise
is a bit less focused around here. Please don’t think, though, that
my clicking through to A Flintstones World was a complete waste
of time. Besides re-acquainting myself with some of my favorite
cartoon characters, I was inspired to learn more about hurricane
names at National Hurricane Center‘s website (plus a FEMA page
for kids).
Here are some of my discoveries [you can find the original Flintstones’
images, and many more, here]:
The cumbersome latitude-longitude identification
method for Atlantic tropical storms was changed in 1953
to a system using names. Originally organized by the U.S.
National Hurricane Center, the lists are now maintained
and updated — in a nice example of bureaucracy-creep
and/or global political correctness — by an international
There are six rotating lists of names, with 21 names
each. Wilma is the 21st storm of the year, so any additional
tropical storms this season will “take names from the Greek
alphabet: Alpha, Beta, Gamma, Delta, and so on.”
In 1979, there was one gigantic step for gender equality
(I remember it well), when male names were added to lists
that had previously been solely female names.
The 6th named Atlantic storm in 2009 will be Fred.
The list used in 2004 will start the next cycle in 2010.
The names of hurricanes can be English, Spanish or French,
the major languages in the regions where the storms occur.
“The only time that there is a change in the list is if a storm is
so deadly or costly that the future use of its name on a different
storm would be inappropriate for reasons of sensitivity.”
I am very happy to say that neither Betty
nor Barney are on the six lists of assigned names — eliminating
Rubble jokes. Rubble isn’t very funny this year.
Warning: Silliness and Bad Pun Alert. The following
may not be suitable for those prone to queasiness or
stuffiness.
While checking out the Flintstones World site, I freshed my recollection
thinking: Although the term Bouldersphere hadn’t been coined in the Flintstones’
era, it seems to be populated by people who remind me quite a bit of some
prominent members of the Blawgisphere. For example:
It was RiskProf Martin F. Grace (photo above), who started us on
this tangent to Bedrock. Don’t you think he favors the lovable Mr. Slate? (What
does that “F” stand for?) update: Martin informs me the “F” stands for neither Fred
nor Flintstone, but Francis.
“spacelyG” orig.
update update (Oct. 21, 2005): Prof. Grace(ly) confesses
know whether or not that makes him Supreme Court material,
(Of course, a goatee did not help Juge Bork any.) Did Slate and
Spacely meet in the 1987 movie The Jetsons Meet the Flinstones?
To be honest, Your Editor can’t quite image the fun-loving RisqueProf
being as irritable and Scrooge-like as Mr. Spacely — or Mr. Slate.
Have you noticed how much Prof. Barneybridge loves his cars,
and his pets?
And, who is the Ann, who so bewitched Fred and Barney? Could
she be that siren from Bed & Bedrock who can also be found Between Layers?
Don’t forget the many gadgets so beloved by the Hanna-Blawgbera Gang.
Could the arm in that picture belong to Iron Svenstone? Evan Stoner?
Finally, maybe we should all be a bit suspicious of the crusty haijin blawgger,
who so loves fireflies — and hangs out with Prof. Yabba-dag-adieu. As Arsenio
Hallstone, Wilma’s favorite nighttime host, likes to say, It makes you go, hmmmm.
the old days . . .
autumn colors
black and white
his headstone
rises with the moon
above the silence
crows—
hard to tell if they are
laughing or not
oh joy!
kidney stones
skipping across the water
“crows–” and “oh joy!” from Simply Haiku (Autumn 2005)
“the old days” – for Linda Chambers
“his headstone” – Full Moon Magazine (2005)
from Morden Haiku (Oct. 18, 2005):
strategy planning
crows disappear
into the slates
Don’t forget to get your free download
of David G. Lanoue’s new haiku novel Dewdrop World.
orig.
October 19, 2005
NJ discipline gag rule held unconstitutional
Earlier today, the Supreme Court of New Jersey reversed the “gag” rule
imposed on those who file ethics complaints against lawyers, declaring it
unconstitutional. The rule had threatened individuals with criminal contempt,
for disclosing that they had filed a grievance against a lawyer unless and until
a formal complaint is filed by bar counsel. R.M. vs. the Supreme Court of New
Jersey (A-89-04) (see HALT Newsletter, Oct. 19, 2005; our prior post, “Omerta
in New Jersey”)
In its opinion (per Justice Zazzali), the Court stated:
“[T]he public is entitled to this information, entitled to know of charges
against attorneys, entitled to know who is the subject of those charges,
and, most of all, entitled to know how the system is working. It is their
system, not ours, not the attorneys’; it is their system just as is the
rest of the justice system.’”
As HALT reported, “Opponents of victims’ right to free speech argued that New
Jersey’s “gag” rule was necessary to maintain the reputation of individual lawyers
and the legal profession. The court responded:
“Shielding dismissed grievances behind a permanent wall of silence does
less to ‘enhance respect’ for the legal profession and the ethics process
than it does to ‘engender resentment, suspicion, and contempt.’”
This echoes what f/k/a stated back in May:
To the N.J. Court and Bar: “Please give up the decoder and pinky
rings. Secrecy breeds contempt, not respect. No More Omerta.”
p.s. The same goes for Alaska, Arkansas, Georgia, Montana,
Nebraska, Nevada, South Dakota and Washington, which have
similar gag rules — and the 27 state grievance committees that
strongly advise or request consumers to keep their grievances
secret.
The Court says the new rule will apply to all pending grievances, but not to completed
matters. Over objections by three of the seven justices, the majority chose not to
remand the case to the Professional Responsibility Rules Committee to review whether
the removal of confidentiality should be accompanied by a lifting of the current absolute
immunity for grievants.
“muzzleMate!S”
what’s the rush?
While I’ve been goofing off today, Yu Chang
has been down the road at Union College
doing his professor (electrical engineering)
shtick. It’s a good thing he left a bagful of
haiku for this aging slacker to share with you:
vivid dreams
the din of a garbage truck
drives you away
turning over
a dead leaf
an earthworm twitches
Flamenco dancer
the old planks
resonate
giving color
to a dry reed
blackbird
Yu Chang
from Upstate Dim Sum (2004/II)
by dagosan:
my “funeral suit”
too snug —
someday, it’ll be baggy
[Oct. 19, 2005]
skewering Harriet Miers. Meanwhile, Prof. Ann Althouse takes
the Democrats to task for going soft on Miers, saying they are
showing their disrespect for the judiciary — as Pres. Bush. has
done — by giving Miers a pass. I still don’t understand the push
for a rush to judgment.
Is Evan being too sensitive? Ted too judgmental? Evan
Schaeffer wrote this morning at Legal Underground about Ted
Frank’s Point of Law piece on Vioxx forum shopping in Illinois.
Evan is not happy about the “subtle tone of moral condemnation.”
I invite our readers to check out both pieces and let us all know
whether you think Evan is being too sensitive. Here’s the Comment
that I left at Evan’s weblog:
Evan, When I originally read Ted’s post, I thought he was
complaining about the way the system works (what it
allows) much more than about the lawyers. After reading
your post and then re-reading Ted’s I still feel that way.
. . There really is a fine line to walk, and you’re right that
it is particularly hard to do so in the context of a weblog,
where staying short and punchy and opinionated is
considered a virtue. In the context of an adversarial legal
system, I think a thick skin is important — especially when
having a thin skin makes it look like you might be trying to
win points by attacking the other person rather than addressing
the policy issues.
It’s a tightrope shaped like a vicious circle. (update: here is
Ted’s admittedly “wordy” response to Evan.)
October 18, 2005
pols & judges: the roles are different, Lisa
Lisa Stone recently reminded us that she’s “no attorney.” But,
she certainly does cyber-hang with a lot of them at the Law.com
Weblog Network. Would one of them please explain to her why
a judge
just might — appropriately — have a different opinion
on an issue [or the outcome of the judicial or legislative
process relating to that issue] than he or she has as a
private citizen or as
a politician “Vote neg” .
Therefore, despite Lisa’s post today, we cannot and should
not know how Harriet Miers would vote when presented with
abortion-related issues, simply by knowing her stance as a
politician in 1989. (See, e.g., A Matter of Interpretation, by
Antonin Scalia, 1987; cf., The Federalist Papers.)
update (9:30 PM): Lisa has added this to her post, in response
to my above complaint:
“Updated graph: Sorry, but I think the selling of this
particular candidate in the past week–both over and
under-the-counter–makes this appropriate distinction
of roles (so appropriate-sounding with the nomination
of Roberts, who worked for Reagan and then served
as a judge) sound disingenuous where Miers is concerned. “
I just emailed Lisa, saying that making the distinction is the only
appropriate reply that the White House or any other interested
parties should be making, and adding: “We shouldn’t expect a direct
answer to the abortion question, even at the nomination hearings.
Your take on this in today’s post sounds more like a journalist trying
to create a controversy than one trying to help explain an important
public issue.”
update (Oct. 19, 2005): Steve Bainbridge made my point nicely
today, in a post titled “Will She or Won’t She?“:
“I start with the hope that Miers’ 1989 statement does not
tell us how she will rule. In my book (or, more precisely,
my article), judges are not supposed to decide cases
based on personal political policy preferences. They are
supposed to try to figure out what the law is, which in the
case of Roe means looking at the text of the Constitution,
the intent of the framers, and the traditions of our country
(i.e., originalism, textualism, and traditionalism). One thus
can readily imagine a judge who would vote to support a
state ban on abortions and then turn around and, in his
capacity as a judge, strike that very same law down because
the judge believes stare decisis requires him or her to adhere
to Roe.”
by dagosan:
running for judge —
she practices
her braille
[Oct. 18, 2005]
no quotas aloud
It’s been difficult finding a topic for punditry today. I was impressed
yesterday by the RiskProf’s suggestion that the next Fed Chairman
might come from the Texas Cosmetology Advisory Board. So, I
surfed over there this morning. The Board’s Presiding Officer is
Clive Lamb. “Chairman Lamb” should have a nice docile ring to it
for the President. [Prof. B. also thinks GW Bush might pick a
crony.]
I just saw the tagline on the masthead of the
Texas Department of Licensing and Regulation – it says “the
umbrella licensing agency of the State of Texas.” Do you
mean to say that umbrellas are more regulated than handguns
or shotguns in Texas? They really do need Kinky Friedman
for Governmor.
for their own seat on the Supreme Court by all the cranial-conservo-
crybabies isn’t asking for a quota, or at least affirmative action. How-
ever, I’m not going to waste more pixel-space on the topic until some-
thing important takes place in the Miers’ confirmation process.
Therefore, instead of worrying about cronies and quotas,
I’m going to help address a recent deficit at this website:
not enough haiku from DeVar Dahl. We have no quota
for Canadian artistry — just for quality one-breath poems:
the crisp wings
of an old dragonfly
autumn sunset
dull pencil
the staff meeting
goes on and on
“the crisp wings” – Snapshots Magazine #10 (2004)
“autumn winds” – hon men., WHC Shiki Haiku Poems Contest
“dull pencil” – Haiku Canada Newsletter 16:1
“heat wave” – from Basho Mem. Museum (English selections, 2005)
by dagosan
autumn cycle
one red and one brown
sock in the tub
two rainbows
in one day —
no one to tell
[Oct. 18, 2005]
If you haven’t been over to haikupoet.com lately,
click on through, to see the latest bunch of October haiku by
paul david mena, with photos by mary melodee mena. Being
partial to Einstein’s quote about plaid pants, I must dissent,
however, to the notion expressed in this haiku.
a great free novel: “Dewdrop World” by David G. Lanoue
Xavier University Professor David G. Lanoe was one of the many thousands
displaced from New Orleans by Hurricane Katrina. A month ago, we were
happy to report that David, one of our first Honored Guest poets, and our much-
utilized Issa Translator, was safe in his hometown of Omaha, and using the forced
sabbatical productively — working on his latest novel, Haiku Wars, and translating
many more Issa poems.
this world
is a dewdrop world
yes… but…
—Issa (“Cup-of-Tea”)
Over the weekend, we received more great news: David — author of two highly- “Haiku Guy neg”
acclaimed haiku novels, Haiku Guy (2000) and Laughing Buddha (2004) — has
finished and published (on October 17th) another long-contemplated novel, called
Dewdrop World. Even better, although he plans to publish Dewdrop World in printed
form, David is making the novel available for dowloading free in pdf format (362 KB).
Here’s how David explains his decision:
“Throughout my hurricane exile, the kind support from friends,
family and strangers has been truly amazing. This sneak preview is my
small way of saying thanks to all who have helped the citizens of New
Orleans in our time of need. arigatou gozaimashita!”
the city Care forgot
is drowning, Care
remembered
david g. lanoue
“lanoueSelf” In June 2004, I shared my delight after reading Haiku Guy, saying: “This
slim volume entertains and captivates, while wistfully teaching ‘about love,
poetry and just what it all might mean.’ Along the way, it weaves in dozens
of one-breath poems that will make haiku afficionados smile, and turn the
haiku-illiterate into haiku addicts.” It has adventure, romance, time travel,
and more. (You can read the first two chapters here.) I have often given
both Haiku Guy and Laughing Buddha as gifts, making quite a few new Lanoue
fans.
Because I wanted to write this post right away, I haven’t finished Dewdrop World. But, it
seems clear that David has “done it again.” If you haven’t read his prior books, please
do yourself a big favor and check out Dewdrop World. You’ll soon be a fan, too.
[see the update below for a brief description of the haiku novel Dewdrop World.]
Here are a few of the fine haiku and senryu that you will find in
Dewdrop World:
it’s good
to be a horse
the sweet meadow
balcony view
the blonde’s
black roots
playing their parts
on the paper screen
spider, fly
one last teatime
for the autumn
butterfly
after meeting the turtle
every rock
a suspect
lanoue/chiara
cleansing my ears
for music
quiet mountain
David G. Lanoue from Dewdrop World (2005)
October 17, 2005
brains-free — a beer-ennial problem
What’s worse than thinking about hordes of college students engaging
Young Adults Drink to Win, Marketers Join In,” Oct. 16, 2005) For me,
it’s the thought of law students continuing to engage in this asinine
activity — leading, of course, to young associates doing it, too.
And, what’s even more painful than criminal defense
lawyers making lame public statements about their
angelic clients? It’s beer company spokespersons,
like Anheuser-Busch’s Francine Katz (properly berated
SC, are merely meant as “icebreakers” to meet people,
while losing contestants chug water, not beer.
Our post back in June 2003, Law School Substance Abuse Still High,
doesn’t give me much hope that law students leave this foolishness
behind. Nor does this Editorial from the student newspaper at the
Univerty of Toronto’s Law School (Ultra Vires, “Law Games victory
comes at greater cost?, Jan. 2004), which boasts of activities at
a Law Games gettogether in Halifax, Canada:
“In terms of drinking, most of us managed to get absolutely
wasted on most nights; one delegate even lost half a tooth
and another had to attend the hospital after valiantly subjecting
himself to alcohol poisoning. We also performed admirably
in the drinking games—a refreshing return to a mode of
competition many among us had not witnessed since
undergrad—taking down the most alcohol the fastest.
There was even some talk of strategically inducing vomiting
among our team members so that they could compete more
effectively in subsequent rounds.”
under the cherry blossoms
just a dab
of vomit
this body of mine
part temple
part tavern
I’d love to hear from current or recent law students, especially to be
reassured that maturity and responsibility are the normal approach
to alcohol consumption by law students on their campuses. For
now, I think I’ll add Drinking Competition activities to the list of personal
characteristics I would like to know about when my legal needs are
being provided by young associates. (see Law.com‘s “Law Firms Agree
to Give Clients Diversity Data on Legal Teams,” May 13, 2005, and
The Lawyer/UK article), plus our reaction: no yoda quota?)
kissing moon
goodnight
a gentle drunk
getting drunk
on my arm
the tavern mosquitos
David G. Lanoue from Haiku Guy: a novel
p.s. Having a substance abuse problem is no joke.
If you do have one, you can find some resources
with links at our prior post.
6 innings
8 beers
o b e e d
b b l h a
night
from games (pawEprint 78, Nov. 2004)
by dagosan
her beer breath —
tonight,
we both have headaches
[Oct. 17, 2005]
October 16, 2005
introducing andrew riutta
of Andrew Riutta. One reason should be obvious, once you read his
poetry: haikuEsq was too excited about having Andrew’s work on
this humble website to wait for a formal introductory post. The other
reason for putting off an introduction is perhaps a little less obvious:
haikuEsq is trained as a lawyer, not a literary critic, and he’s been
having a hard time finding the right words to explain what makes
Andrew’s haiku stand out — for both their excellence and their unique
voice.
Our other alter ego dagosan put it like this: When I
see most high-quality haiku, I allow myself the conceit of
thinking “I could have written that (at least with a lot more
practice).” With Riutta’s haiku, I often sigh, “I never
would have seen that connection, or said so much
with so few words.”
“RiuttaA” In an interview with the poet-editor Robert Wilson, in the
Summer 2005 edition of Wilson’s Simply Haiku Magazine, we get
a glimpse of Andrew that helps explain his art and craft — and allows
him to provide the words haikuEsq hasn’t yet found. Asked which poets
have influenced him, Andrew includes Ralph Waldo Emerson, saying:
“One of the quotes that has become one of my templates is by Emerson:
‘Step out of the house to see the moon and it is mere tinsel; it will not
please as when its light shines upon your necessary journey’.”
When asked his goals, he explains:
Since I am rather new to all of this, my goals still consist
of attempting to give that which seems to have very little
voice in our world, a voice: the bond and the distance between
humanity and the world in which it lives. Ultimately we are all
moving in the same direction, and yet so very few people you
meet are willing to acknowledge this fact. I want to continue to
notice and write about the little moments that depict this scenario.
Then, after saying that he would like to help people develop their own voices,
Andrew reveals a longterm goal (that resonates with this weblog’s Editor):
There’s also a part of me that would love to help haiku appeal
to those who may not be interested in it because they believe
that it conveys that which is already obvious. I would like to
help people recognize that each of us is participating in all
these moments, and therefore, each of us has the depth to
be able to perceive them in a manner that no one else can.
Juxtaposing emotion (often conflict) with the natural world around us,
Andrew writes haiku that create a mood with a simple image and a
human connection. He tells us he will “always be a newcomer” to
haiku, because “Every day is a new day.” That’s not a cliche for
Andrew; it’s the attitude that makes his poetry alive, with real moments
and mood, not contrived ones.
Enough introduction. Here’s another course in the ongoing feast that
Andrew Riutta has generously allowed f/k/a to share with you. You can
find links to posts that feature his work on his archive page.
quiet lake—
all these years
he has held his breath
summer:
I leave it to die
in the pasture
the silver leaves
that were once my life—
autumn wind
every time
a child blinks…
another dandelion
driftwood…
such a long way
to stillness
leafless trees—
an old man stares at himself
in the river
Andrew Riutta from Simply Haiku (Autumn 2005)
p.s. Those who like biographical information, should know that Andrew
Riutta lives in northern Michigan, along with his wife, Lori, and their four-year
old daughter, Issabella (gotta love that name!). [Her first published haiku
appeared in the Spring 2005 edition of Canadian Zen Haiku.]
Andrew grew up on the shores of Lake Superior, surrounded by freighters
and agates; orchards and farms. When not writing or reading poetry, Andrew
loves to sew hand-stitched bags out of canvas and leather. He also loves
listening to wide band and shortwave radio. Mostly, he loves “learning from
his daughter about the world.”
Publius seems dubious
For years, I’ve wanted to re-acquaint myself with The Federalist Papers.
They are, of course, practically Holy Writ for many of my blawgisphere
colleagues, who quote them often. Refreshing my recollection seems like
a very good idea, therefore — if only to make sure the Devil isn’t doing the
quoting.
Since the nomination of Harriet Miers for a seat on the
Supreme Court, I’ve been especially eager to sit down with my recently-
purchased copy of TFP. I’ve been wanting to see whether — beyond the
cronyism discussion in The Federalist No. 76 (prior post) — it might help
me better understand:
and “movement” (love that word) conservatives;
(2) the bitterness in the bickering between those who
(3) the cocksure assertion by so many “federalists” that
only their construction-theory-alchemy offers an orthodox,
objective mechanism for interpreting the Constitution;
ensuring a conservative, pointy-headed, strict-constructionist
or originalist seat on the Supreme Court; and
(5) the constant complaining by conservative intellectuals that
they have heroically endured the gauntlet of academia (and
think-tankademia), while Harriet Miers has purportedly never
done “anything brave, anything that took backbone.” [Note:
Hamilton, Madison and Jay were real revolutionaries, as well as
intellectuals, who truly risked their lives by living their principles;
and Harriet Miers was a true trailblazer for women in the muy
macho Texas Bar.]
With all this in mind, I went to bed last night intending to spend a good
email arrived at my In Box overnight that seems to have saved me a lot
of time. I don’t know the identity of the sender, who used the pseudonym
PubliEsq. The Subject line rather cryptically says: “you can’t always
pick your followers.” There was no explanation in the message, but
merely a number of passages from The Federalist Papers, with links to
I’m not going to speculate on PubliEsq‘s purposes. I won’t even
add our breathless punditry to discern lessons we might apply to the Miers
confirmation process, or to point fingers at those who may be violating
the spirit of Hamilton, Madison and Jay.
Instead, I’m going to place the excerpts — from five of the numbered papers —
of them, which were in bold print in the version sent by PubliEsq. Those who
are far more familiar than I with TFP may be able to point us to other pertinent
sections. My hope, and probably that of PubliEsq, is that fair-minded people
will draw reasonable conclusions from the text and start to act accordingly.
from Federalist No. 1
. . . we, upon many occasions, see wise and good men on the
wrong as well as on the right side of questions of the first
magnitude to society. This circumstance, if duly attended to,
would furnish a lesson of moderation to those who are ever
so much persuaded of their being in the right in any controversy.
. . . Ambition, avarice, personal animosity, party opposition, and many
other motives not more laudable than these, are apt to operate as well
upon those who support as those who oppose the right side of a question.
from Federalist No. 10:
The latent causes of faction are thus sown in the nature of man; and
we see them everywhere brought into different degrees of activity, according
to the different circumstances of civil society. A zeal for different opinions
concerning religion, concerning government, and many other points,
as well of speculation as of practice; an attachment to different leaders
ambitiously contending for pre-eminence and power; or to persons of
other descriptions whose fortunes have been interesting to the human
passions, have, in turn, divided mankind into parties, inflamed them with
mutual animosity, and rendered them much more disposed to vex and
oppress each other than to co-operate for their common good. So strong
is this propensity of mankind to fall into mutual animosities, that where no
substantial occasion presents itself, the most frivolous and fanciful
distinctions have been sufficient to kindle their unfriendly passions and
excite their most violent conflicts.
“tny check” from Federalist No. 37:
[These papers] . . . solicit the attention of those only, who add to a
sincere zeal for the happiness of their country, a temper favorable to
a just estimate of the means of promoting it.
Persons of this character will proceed to an examination of the plan submitted
by the convention, not only without a disposition to find or to magnify faults; but
will see the propriety of reflecting, that a faultless plan was not to be expected.
Nor will they barely make allowances for the errors which may be chargeable on
the fallibility to which the convention, as a body of men, were liable; but will keep
in mind, that they themselves also are but men, and ought not to assume an
infallibility in rejudging the fallible opinions of others. . . . .
Experience has instructed us that no skill in the science of govern-
ment has yet been able to discriminate and define, with sufficient certainty, its three
great provinces the legislative, executive, and judiciary; or even the privileges and
powers of the different legislative branches. Questions daily occur in the course of
practice, which prove the obscurity which reins in these subjects, and which puzzle
the greatest adepts in political science. . . .
Here, then, are three sources of vague and incorrect definitions: indistinctness of
the object, imperfection of the organ of conception, inadequateness of the vehicle of
ideas. Any one of these must produce a certain degree of obscurity. . . . There
are features in the Constitution which warrant each of these suppositions; and as far
as either of them is well founded, it shows that the convention must have been
compelled to sacrifice theoretical propriety to the force of extraneous
considerations.
from Federalist 78:
To avoid an arbitrary discretion in the courts, it is indispensable that they should be
bound down by strict rules and precedents, which serve to define and point out their
duty in every particular case that comes before them; and it will readily be conceived
from the variety of controversies which grow out of the folly and wickedness of mankind,
that the records of those precedents must unavoidably swell to a very considerable bulk,
and must demand long and laborious study to acquire a competent knowledge of them.
Hence it is, that there can be but few men in the society who will have sufficient
skill in the laws to qualify them for the stations of judges. And making the proper
deductions for the ordinary depravity of human nature, the number must be still
smaller of those who unite the requisite integrity with the requisite knowledge.
update: Today’s NYT has an article that reminded me of the
treatment of Harriet Miers in the blogisphere — “Confronting
Bullies Who Wound with Words” (Oct. 16, 2005). Although
its focus is middle school, the article notes:
“And the Internet is making matters a great deal worse . .
because it provides a cloak of anonymity and removes
physical size and bravery from the equation. Children as
young as 7 or 8, who would never have dared to belittle
or confront a classmate face to face, are empowered to
be vulgar and vengeful at the keyboard.”
vain clouds
forming vain peaks
in vain
scolding
vain man…
the autumn moon
sparrows at the gate–
the brothers’ first
fight
translated by David G. Lanoue
all through
his temper tantrum
her calm
after speaking importantly
she quickly resumes
sucking her thumb
from Homework (2000)
October 15, 2005
carolyn’s a winner (yet again)
I almost called this post “Hall of Fame.” When I first introduced
Carolyn Hall at this website, last December, I noted:
Although she first became aquainted with haiku five
years ago, Carolyn has been winning so many haiku
awards (e.g., from Heron’s Nest) that we can’t possibly
list them all.
Carolyn has continued to shine in 2005, as can be seen from
the results of two annual contests held by Snapshots Press.
First, this haiku was selected as the featured poem for June
in Snapshot’s 2006 Haiku Calendar (click to order):
wild berries—
one training wheel
lifts round the curve
Two additional poems by Carolyn were also chosen as Runners-up
selections for the Calendar. More important, Carolyn’s collection
of haiku, entitled Water Lines, was one of three joint winners in The
Snapshot Press Haiku Collection Competition 2004. Snapshot
will therefore publish the full collection as an individual volume before
the end of 2005. Here are four poems from Water Lines, the first
two of which have previously appeared at f/k/a:
slave cemetery
the tug of the current
on willow fronds
getting acquainted—
I learn another name
for wild radish
baiting one fish
with another
autumn dawn
twilight
the poultry truck returns
with empty cages
“getting acquainted” – 2003 Brady Senryu Competition, Hon. Men., Frogpond XXVII: 1
“slave cemetery” – tug of the current: rma 2004
Congratulations, Carolyn, and thanks again for
sharing your work with f/k/a‘s visitors.