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

May 5, 2006

baseball haiku: no longer a guilty pleasure for lawyers

Filed under: pre-06-2006 — David Giacalone @ 12:18 pm

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. . . .








fiddle bow

“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.”

DruckerGreatChangeN


 

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

 

 

 




– from the haiku chapbook piano practice  

 

 


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

 

 

OldBallGameLogo You can hear many baseball

poems by ed markowski, read by Joe Harnett, longtime

radio host of “The Old BallGame” by clicking these

links:  Cut One    Cut Two   Cut Three   Cut Four

 

                                                                                                                                                  soccer ball neg

 

May 4, 2006

ftc unveils its high-test oil and gas info website

Filed under: pre-06-2006 — David Giacalone @ 12:26 pm

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:









FTCGarageLogoG


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.

FTCGarageLogoN

“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.”

 

                                                                              FTCSavingsHomeG

 

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

 

 

trailerG

 

 



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)

Filed under: pre-06-2006 — David Giacalone @ 6:42 pm

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:

tiny check 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’:”

 

announcerSG

“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.”

 

 

tiny check 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.

 

 

gas pump g 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.”

tiny check 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.]

DaVinciCodeLogo

amazon.com DaVinci Code Store

tiny check 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 CUTSCCIER (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)

umbrella vert

pump pandering: no one mentions using less energy

Filed under: pre-06-2006 — David Giacalone @ 2:07 pm

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.








55 limit n

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

           

subwayG

 

 

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)

 “long before” tinywords (2003/09/05)

“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)











      55 limit

 

May 2, 2006

haiku wars truce

Filed under: pre-06-2006 — David Giacalone @ 6:31 pm

     Thanks to two appointments that resulted in waiting-room
reading opportunities — one with a mechanic, one with my
primary care physician — I finally read David G. Lanoue’s
latest haiku novel, Haiku Wars.  We discussed the book
at length here.

       HaikuWarsCover  Haiku Wars 

Like Prof. Lanoue’s prior haiku novels — Haiku Guy (2000;
our mini-review), Laughing Buddha (2004) [both from
Red Moon Press], and Dewdrop World (online for free,
2005) — Haiku Wars was fun and enlightening, and filled
with fine haiku by Kobayashi Issa and by David Lanoue.
Here are a few from David Lanoue:

the green jello-
gives a wiggle
earthquake

old friends
in the rice field
Mars and the moon
dark swirls   LanoueSelf
in tombstone marble
I want ice cream
old man in the waves 
looking like
he lost something
the only cicada
without a girlfriend . . .
dusk
…… by David G. Lanoue from Haiku Wars (2006)     HaikuWarsCoverN

…….. potluck

If you’ve been following the great Curmudgeon “instant cult classic puffery

May 1, 2006

lawdy-lawdy, another Law Day

Filed under: pre-06-2006 — David Giacalone @ 1:47 am

 

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).

LawDay2006Separate

For Law Day 2006, a series of disjointed blurbs will have to do.

tiny check 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.]

noloShark

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:

FedPapersG

“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.

tiny check 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.

LawDayBalloons  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:


LawDay2006

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 balloons


George Swede
Almost Unseen

Law Day Balloons come in a Package of 30 for only $8.50.
They are “fun for kids and adults. Strong, helium retentive,
biodegradable.”

LawDayCoolerPack

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 outfield

Billie 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.

courthouse1

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.”

tiny check 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?]

NoloSharkS nolo.com

“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)

HandOutN

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)

courthouseS

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.


infielderF 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 clock

tax day
the soda machine
keeps my change

team reunion…
trying to recall
the catcher’s face

mediation day
the mediator’s hair
parted down the middle

LawDay2006Separate

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