Monica Bay will praise — not scold — you, if you spend part of this (or
any other) lovely Spring day browsing the f/k/a Baseball Haiku Page.
Back on May 1st, Monica noted:
“Beisbol’s on everybody’s minds lately: Check out Omega Legal’s
white paper about how “the business of baseball has reshaped the
rules of law firm productivity.”
“infielderf”
“And Jeff Angus’ Management by Baseball: The Official Rules for
Winning Management in Any Field, is fresh off the press, from Collins.
It asks the question, “Why are baseball managers like Joe Torre and
Dusty Baker better role models for leaders in business and government
than corporate icons like Jack Welch, Ken Lay and Bill Gates?”
(Answer: “Because almost everything you need to learn about manage-
ment you can learn from baseball.”)”
Prof. Yabut wants to point out, nonetheless, Peter F. Drucker’s
cautionary note in Managing in a Time of Great Change (1995; at 15):
“There’s a lot of nonsense in team talk, as if teams were
something new. We have always worked in teams, and
while sports give us hundreds of team styles, there are
only a few basic models to choose from. The critical
decision is to select the right kind for the job. You can’t
mix soccer and doubles tennis. . . .
“The great strength of baseball teams is that you can con-
centrate. You take Joe, who is a batter, and you work
on batting. There is almost no interaction, nothing at all
like the soccer team or the jazz combo, the implicit model
of many teams today. The soccer team moves in unison
but everyong holds the same relative position. The jazz
combo has incredible flexibility because everyone knows
each other so well that they all sense when the trumpet
is about to solo.”
. . . “Though we know very little about it, we do realize exec-
utives must be both managers of specialists and synthesizers
of different fields of knowledge — really knowledges, plural.”
Yes, you do need to choose carefully which sports team model
best suits your firm’s overall situation — as well as the needs of
a particular client or case. The f/k/a Gang suggests that a bit
of (nonbillable) reflection over our Baseball Page may help in
making wise choices. [beware: they are “real haiku,” note gim-
micky doggerel; we think you’ll find them far more satisfying.]
Seattle sunset
Ichiro sends one
toward the Sea of Japan
fireflies…
the smallest boy hits
the game winning homer
all day rain
on the playing field
a stray dog
the toddler
runs to third base
first
crack of the bat
the outfielder circles
under the full moon
empty baseball field
a dandelion seed floats through
the strike zone
from Almost Unseen (Brooks Books, 2000)
called third strike–
the slow roll of the ball
back to the mound
two outs in the ninth–
the reliever bangs the ball
against his cup
law office picnic —
the ump consults
his Blackberry
squinting to see him —
another generation
sent to right field
dagosan/david giacalone
You can hear many baseball
poems by ed markowski, read by Joe Harnett, longtime
radio host of “The Old BallGame” by clicking these
May 5, 2006
baseball haiku: no longer a guilty pleasure for lawyers
May 4, 2006
ftc unveils its high-test oil and gas info website
The Federal Trade Commission announced its new and improved
Oil and Gas Industry Initiatives website today. (press release,
May 4, 2006) It looks like a very useful tool for consumers (or
webloggers) who want to do more than whine over gas prices.
Instead, the FTC can help them (a) learn how to reduce their oil,
gas, energy consumption; or (b) become better informed about
pricing and regulatory news concerning the industry (before forming
opinions on those issues). Commission Chairman Deborah Platt
Majoras explains:
We want consumers to have useful information that cuts
through any confusion and helps them understand what is
happening with gas prices. The information on the Web page
will provide users with clear and understandable information
about what experts tell us is currently happening in the
petroleum markets.”
The site’s Overview page states:
“The Federal Trade Commission maintains competition
in the petroleum industry, and has invoked all the powers
at its disposal — including the investigation of possible
antitrust violations, the prosecution of cases, the prepara-
tion of studies, and advocacy before other government
agencies to protect consumers from anticompetitive
conduct and unfair or deceptive acts or practices in the
industry. In doing so, the FTC has assembled vast compe-
tition policy and enforcement expertise in matters affecting
the production and distribution of gasoline.
“This website describes the FTC’s oversight of the petroleum
industry, with special sections on our activities related to
merger enforcement, anticompetitive nonmerger activity, and
gasoline price data. It also features reports and economic
working papers, Congressional testimony, advocacy work,
conference proceedings, and studies. Check it often for up-
dates and information on new initiatives.”
Check out the Savings Starts at Home Section, which includes a
new “Garage” e-pamphlet “Fuel Economy: Getting Up to Speed,”
along with information for saving money and reducing energy use
throughout your home.
p.s. update (4 PM): Both Your Editor and his webserver have
been undergoing an energy shortage lately. My personal
excuse can be partly found here. The webserver has been
slower and less reliable than usual, because Harvard webloggers
are en masse moving to a better, faster, more reliable webserver,
thus overwhelming the older one. See Harvard Crimson on the
Webserver Upgrade, May 4, 2006). The f/k/a Gang has been trying
to migrate, too, but this weblog takes up so much server-space
(due to its many images, and possibly its tendency toward pundit
prolixity) that the migration keeps getting stalled. Please excuse
any inconvenient lack of access [and RSS feed problems] while we
try to improve our personal and virtual vitality.
from Mom’s to Dad’s
the clickity-clack
of suitcase wheels
moving day–
warm rain
on cardboard
Christmas Eve–
the hum of power lines
just pass the mall
long dusty road:
I wait by the mailbox
for the cloud
watering the grass–
a smile from the man
who passes by
New Resonance 3: Emerging Voices (Red Moon Press 2003)
“watering the grass” – frogpond XXV: 1
“long dusty road” – frogpond XXIII:2
“moving day” – The Heron’s Nest IV:7
“Christmas eve” – beyond spring rain
“FTCMasthead”
May 3, 2006
something positive to say (really)
In case you’re new to f/k/a, we wanted to point out that we’re not always cranky and dissatisfied around here. Here are a few positive things we saw online today:
Prof. Mark Liberman at Language Log, while discussing
concocted debates and some nasty stereotyping of scholars
(explained by White Bear in “are academics bitchy?“), gives
us all a great reminder of what it takes to make good conver-
sation. Mark says he appreciates discussions — even if
virtual — that have “the characteristics that Russell Baker
identifies as ‘classic conversational etiquette’:”
“Both participants listen attentively to each other; neither
tries to promote himself by pleasing the other; both are
obviously enjoying an intellectual workout; neither spoils
the evening’s peaceable air by making a speech or letting
disagreement flare into anger; they do not make tedious
attempts to be witty.”
Mark concludes with a point that the the f/k/a Gang needs to
keep firmly in mind: “The blogging format tends to encourage
speechifying, I guess; but otherwise, the people that I respect
come out pretty well according to this standard of evaluation.”
Linda Greenhouse reports on a much less argumentative and less
stressful tone at the Supreme Court under Chief Justice John Roberts
(NYT, “In the Roberts Court, More Room for Argument,” May 3, 2006)
The justices are so much more patient with counsel and eachother
in court sessions, that: Practitioner Carter G. Phillips notes “You have
to be ready now to make some kind of affirmative presentation” in the
opening minutes of an argument, he said.
While we’ve been lamenting the failure of leading politicians to call
for energy conservation, it is very good to see that consumers (at least
the ones who can afford to buy or lease a new car) are doing something
about it: See Washington Post, “Car Buyers Scaled Down Last Month:
With Gas Prices Soaring, Small Cars Trump SUVs,” (May 3, 2006):
“Consumers reacted sharply to rising gasoline prices last month
and turned away from large sport-utility vehicles and other trucks
in favor of small cars and gas-electric hybrid vehicles.”
The Vatican, in what is clearly a gracious act of charity and
other-check-turning, is doing everything it can to make the movie
version of the book The DaVinci Code a huge success. (Reuters/Yahoo!,
“Boycott DaVinci Code film”: top Vatican Official, April 28, 2006) [Ed. note:
Prof Yabut snuck this blurb into this post.]
If you came here today hoping to improve your lawyering at depositions,
while thoroughly enjoying yourself, you win: learn about court reporter
Lucius Friedli in Jacob Stein’s latest “legal spectator” column for the
Washington Lawyer Magazine (May 2006). Weblogger heads-up: you’ll
find lots of quotable material in Stein’s column (as usual).
update (May 3, 10 PM): This is too good to wait until tomorrow: You can get a
sneak peak of “Antitrust in the USA, A Primer,” by Albert Foer, president of the
American Antitrust Institute, at the AAI website (AAI Working Paper No. 06-04,
May 3, 2006). The Working Paper is a draft chapter in a book to be published by the
Indian consumer organization CUTS – CCIER (Consumer Unity & Trust Society
— Centre for Competition, Investment and Economic Regulation), to be titled
Competition Regimes of the World – A Civil Society Report (Pp 670, Rs.1500/
US$150, ISBN 81-8257-064-6). The book “is a compilation that maps out com-
petition regimes around the world from the civil society perspective.” It covers
more than 100 countries. (brochure)
“quotemarksRS”
Foer’s 12-page (pdf.) AAI Working Paper provides an introductory overview of
antitrust in the U.S.A. [You can find annotated links to many other antitrust
primers in the AAI’s Guide to Antitrust Resources on the Web, at its Primers
Page].
spring rain
a bruise on my arm
from donating blood
lengthening shadows
a stray dog
joins the picnic
cherry blossoms
today the courage
to speak to her
almost dusk
an open door
to the lighthouse
long shadows
many places
to cross the creek
paul m from The Heron’s Nest
“sping rain” (April 2004)
“lengthening shadows” – (May 2004)
“cherry blossoms” (April 2003)
“long shadows” (Dec. 2003)
“almost dusk” (Dec. 2003)
pump pandering: no one mentions using less energy
The “conservative” Republicans won’t do it.
Neither will the “conservationist”-environ-
mentalist Democrats. [see WashPost,
“GOP looks for Plan B on Gas,” May 3,
2006; NYT editiorial “Foolisness on fuel,
May 3, 2006] Not one politician currently
in office (and planning to run again) is telling
the American public:
“We all must use significantly less
energy to solve our Nation’s energy
crisis.”
“pbsPoliticsPumpG” PBS News Hour
politics and the pump
Yesterday evening on The PBS News Hour, Jim
Lehrer didn’t even bother to ask about reducing demand
and energy consumption, in a lengthy interview with Sen.
Rick Santorum (R-PA) and Sen. Maria Cantwell (D-WA).
(“Politics and the Pump: Solving Gas Prices,” May 2, 2006).
All that the Senators seemed to care about was winning
political points with voters — with their stated goal of ob-
taining and maintaining the supply to meet our national
demand for oil and gas.
Frankly, I expected much more from Sen. Cantwell, and
went to her website, to see if she might have more to say
on the topic there. Sadly, there was nothing about reducing
energy consumption — as opposed to reducing our need for
foreign sources of energy. In an April 6, 2006, Press Release,
I found her joining a call last month for a National Energy Sum-
mit. That press release ends by proclaiming:
“Cantwell is the chair of the Senate Democrats’ Energy
Independence 2020 national campaign working to break
America’s overdependence on foreign oil, protect working
families from skyrocketing energy costs, stop unfair market
manipulation by energy companies, and invest in reliable
sources of affordable fuel.”
As I said above, not a word about the need to conserve. No
courage to call for changes in our lifestyles that are the only
true hope for meeting the Nation’s “energy challenge.” (see
our prior post, Open Letter to Gas-Whiners, April 26, 2006;
and see gas pain?, which points out the instant, significant
savings from merely driving more slowly on highways)
“pbsPoliticsPumpN”
Key West heat–
the kitchen staff’s
chained bicycles
crossing the bridge —
the shadow of a gull
I never see
long before daybreak
the local rooster
starts warming up
Making change
the conductor
shifts his toothpick
slow conversation
a passing bus fills
the diner window
Distant tail lights
in the dark
nostalgia
“crossing the bridge” – The Heron’s Nest (Sept. 2002)
“slow conversation” – A New Resonance 2 (2001)
“making change” – the loose thread: RMA 2001; Modern Haiku XXXII:1
“Distant tail lights” – from Haiku Spirit
“Key West heat” – Frogpond XXII:3 (1999)
May 2, 2006
haiku wars truce
the green jello-gives a wiggleearthquake
dark swirlsin tombstone marbleI want ice cream
the only cicadawithout a girlfriend . . .dusk
…….. potluck
May 1, 2006
lawdy-lawdy, another Law Day
May 1st is Law Day. If you’re at all familiar with this weblog, you’re
probably expecting another sermon like “Law Day, Not Lawyers’ Day,”
from 2004, or our 2005 “towards a better Law Day.” This year, however,
we’re not in a preachy mood (not this very moment, that is), so we’ll
just refer back to those prior pieces as a matter of principle, and point to
“Law Day: A time for self-examination, not self-congratulation,” by Ben
Cowgill (May 2, 2005). (and see Ben’s promised Law Day version of Blawg
Review #55).
For Law Day 2006, a series of disjointed blurbs will have to do.
The Law Day Theme is promulgated each year by the American Bar
Association. This year’s theme is timely and important: “Liberty Under
Law: Separate Branches, Balanced Powers.” The f/k/a Gang knows well
how important check and balances can be — it’s difficult to imagine what
this weblog would be like if Your Editor, Prof. Yabut, or haikuEsq got to
run the operation alone. Rule of Law, justice, and efficiency, would be in
short supply.It’s not exactly surprising that many Americans fail to understand
the basic principles of Balance of Powers. In urging its members
to participate in Law Day programs, the New York State Bar
Association noted:“A Harris Poll commissioned by the American Bar Association
and conducted from July 22 through July 27, 2005, found that
less than half (48 percent) of Americans can correctly identify
the meaning of the separation of powers. The same poll found
that nearly two-thirds of Americans (64 percent) can correctly
identify the principle of checks and balances. Only just over
half of Americans (55 percent) can correctly identify the three
branches of government. And less than half of the poll¦#x2019;s res-
pondents (48 percent) correctly identified the role of the judiciary
in the federal government.“The need for bar association members to get involved in Law
Day activities in their own communities has never been greater.”[Despite this call to action, NYSBA does not appear to have
taken a major role in celebrating Law Day, and few county bar
associations are participating across the State.]
We’re not so sure members of the bar would have done significantly
better than the general public answering that Harris Poll. You can
Take the Law Day Quiz to see where you stand. [Did Alexander
Hamilton say that the legislature is the most dangerous branch?]
If you’re in D.C, today, head to the Library of Congress
for the 2006 Leon Jaworski Public Program (6th Annual),
which covers this years Law Day theme, with the focus of
“Madison’s Legacy.” Jeffrey Rosen of the New Republic and
George Washington Law School is the moderator for a dis-
tinguished panel of jurists and scholars. The program link
above will bring you to a list of Framed Issues, including this
question:
“Of the three forms of government ¦#x2014; executive, legislative,
and judicial ¦#x2014; which do you think has been most dangerous
and capable of “everywhere extending the sphere of its activity”?
Why? Has this changed historically? Varies around the world?”
Go here to find out whether there are Law Day activities in your area
today or this week. And browse the ABA Law Day Program materials,
if you need referesher courses for yourself or want be dazzling at lunch
or dinner today.For example, there are some interesting materials aimed
at Middle and High School students on the timely topic
“What is Judicial Independence?” This one-page hand-out
presents a number of fact scenarios and asks whether the
practice violated the principle of judicial independence. As
they say, some are ripped from recent news headlines.Get Your Law Day Mementos: Okay, we promised not to be preachy, but we can still have some fun, can’t we? It wouldn’t be Law Day at f/k/a without us mentioning the fun items available at the ABA Law Day Store. For example:
The Law Day Poster is only $4.95, and it is “A must-have”
for Law Day” — providing “a colorful and intriguing vehicle
for communicating our nation’s three branches of government.”the anger from work
in my son’s birthday balloonsLaw Day Balloons come in a Package of 30 for only $8.50.
They are “fun for kids and adults. Strong, helium retentive,
biodegradable.”
The Law Day Cooler Pack is only $7.00, and apparently
needs no sales pitch — except for the reminded that it
“Keeps food and beverages fresh.”warm beer–
heat lightning flickers
beyond the outfieldBillie Wilson
frogpond XVII:2 (2004)2005 vs. 2006
Last year, we pointed out that the word ‘lawyer’ didn’t even appear
in the White House press release proclaiming Law Day 2005. That
was a good thing, since we want to focus on Law and not Lawyers;
and it wasn’t surprising, considering the President’s prickly relationship
with the bar. This year, however, the White House Press Release
titled “Law Day, U.S.A., 2006” (April 28, 2006) has the President
exclaiming that:“Law Day is an occasion for us to celebrate our Constitution
and to honor those in the judiciary and legal profession who
work to uphold and serve its principles.” (emphasis added)Did the President leave out the comma after the word “profession”
intentionally? We amateur linguists want to know.Another contrast: Last year, ATLA (the Association of Trial Lawyers
pf America), had lots of materials at its website about Law Day 2005.
This year, not a word (as of May 1, 2006, 1 AM, ESDT) Of course, the
theme last year was ¦#x201C;The American Jury: We the People in Action,
and an ATLA Community Outreach/Politcal Action memo reminded
members that they should visit schools because“The children in our
schools today are our jurors of tomorrow.”Of course, ATLA has been busy with its own version
of protecting separation of powers — making sure the
legislature doesn’t trample on ATLA turf or the rights
of its clients. (See April 13 press release, and a copy
of ATLA’s recent full-page ad in USAToday which asks
Haven’t the Big Corporation CEOs taken enough?). The
ATLA ad — which was placed to fight back “Against De-
ception from U.S. Chamber of Commerce” — ends by
exclaiming that the Chamber:“has already overrun Washington with money
and lobbyists. Don’t let them run off with our
courts!”
[Ed. Note: Don’t you love it when a group aims a
barb at its opponents that could have been used
verbatim by its opponents against it?]
“tinyredcheck” In Cumberland County, North Carolina:
“Judges and attorneys shut down the courts to visit
56 elementary schools as part of the 2006 Law Day
celebrations.To help explain the law to children, the
judges and lawyers showed the kids [a video version
of Aesop’s Fable “The Lion’s Share“].“In the fable, a lion agreed to share food equally with
all the other animals before the hunt. When dinner came,
however, the lion took most of the catch.”” . . . . At the end of the day, it was judgment hour for
the lion. The punishment was five days without food,
and the lion had to hunt for the other animals’ next meal.
It was justice, fifth grade style.”You can read about and see a tv clip of the encounter here.
(News14Carolina, “Lawyers use fables to teach kids about the
law,” April 27, 2006)Finally, we all want to end on a serious note. This past year, we have
seen a President acting as if he is unchecked by the Constitution when
it comes to fighting wars and terrorism — and watched a Supreme Court
that might be far to willing to agree with him. We’ve also seen members of
Congress threaten to slash judiciary budgets and remove particular pieces
of the Supreme Court’s jurisdiction (e.g., over flag-burning or Commandment-
placement). And, of course, we’ve seen a Supreme Court-nomination process
that was less than edifying in its attempts to control a candidate’s conduct
once on the bench. We should remember, therefore, that our Separation
and Balance of Powers do not work automatically. They need vigilance by
the public — perhaps, especially by the legal profession.update (May 3, 2006): In an article in the May 2006 edition
of Washington Lawyer, “A Defining Constitutional Moment,”
Bruce Fein sounds the alarm over the Bush Administration’s
claimed powers to order warrantless surveillance when
terrorism is involved. Fein says
“If Congress flinches from its duty to reject
the legality of the president⦣x20AC;™s directive to the
National Security Agency (NSA) . . . a precedent
will have been set that will permanently cripple the
Constitution⦣x20AC;™s checks and balances. . . . Unless
rebuked, it will lie around like a loaded weapon,
ready to be used by any incumbent who claims
an urgent need.” (The Washington Lawyer, May
2006)
p.s. In case you think that Marbury v. Madison is well-understood
by the American publc, check out our “holy cow: of bull and manure”
(Sept. 19, 2005). It seems that millions of Americans, unhappy with
Supreme Court decisions with which they disagree on “values” and“morality” issues, agree with this statement from the group priests for life:
“This [Supreme] Court, which holds such an important place
in our system, is ¦#x201C;supreme¦#x201D; 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.”So, the next time you — Mr. or Ms. Lawyer or Law Professor — are
asked, or can arrange, to speak to a group of adults or students
about the role of the judiciary in our governmental system, please
do it. The program materials on independent courts at the Law Day
2006 website are a good place to start your preparation.
While some worry about balance of power, my
haijin buddy ed markowski, thinks of matters no less weighty:– from Haiku Harvest (Spring – Summer 2006)
april rain…
my grandson practices
his infield chatter
spring equinox
i wash mother’s hair
with baby shampoo
sunday sunlight
somewhere, someone is praying
for the world to explode
– from Simply Haiku senryu page
(Featured Poet, Spring 2006 Vol. 4, No. 1)new year’s day
like every other
we punch the clocktax day
the soda machine
keeps my changeteam reunion…
trying to recall
the catcher’s facemediation day
the mediator’s hair
parted down the middle