f/k/a . . .

Pump-Pandering Politicians: It’s great to see that so many news sources and websites are putting a penetrating spotlight on the proposals by the presidential candidates, as well as other federal and state politicians (like Messrs. Bruno and Tedisco in New York), to remove the gas tax over the summer. A Newsday editorial summed it up: “A proposal for such tiny, temporary, iffy savings is a political gimmick, not meaningful relief.” (”No such thing as a free tank: No gas tax for the summer is a bad idea“, April 30, 2008). For more analysis, see:

• “Tax cut could push gas prices higher” (CNNMoney.com, April 29, 2008) “Despite claims from McCain and Clinton, temporary cut in gas taxes could lead to more demand and push prices higher - leaving taxpayers to cover shortfall.”
• “Candidates’ Plans Could Indirectly Raise Gas Prices: Senators Back Steps That Portend Higher Pump Costs,” Wall Street Journal, April 30, 2008
• “Dumb as We Wanna Be” by Thomas L. Friedman (New York Times, April 30, 2008), which opines, “It is great to see that we finally have some national unity on energy policy. Unfortunately, the unifying idea is so ridiculous, so unworthy of the people aspiring to lead our nation, it takes your breath away. . . This is not an energy policy. This is money laundering: we borrow money from China and ship it to Saudi Arabia and take a little cut for ourselves as it goes through our gas tanks. What a way to build our country.”

See the video clip — “Who Can Lower Gas Prices? The Candidates’ Plans: The Gas Squeeze: Will lifting the gas tax provide some relief?” — from Good Morning America/ABCNews (April 30, 2008)

And, listen to analysis on the Gas Tax Holiday from the PBS NewsHour — (April 30, 2008), or read the transcript.

• “Democrats Divided Over Gas Tax Break” by John Broder, The New York Times (29 Apr 2008), which has a description of the presidential candidates’ current and prior positions on gas taxes, and points out (emphasis added):

“The highway trust fund that the gas tax finances provides money to states and local governments to pay for road and bridge construction, repair and maintenance. Mr. McCain and Mrs. Clinton propose to suspend the tax from Memorial Day to Labor Day, the peak driving season, which would lower tax receipts by roughly $9 billion and potentially cost 300,000 highway construction jobs, according to state highway officials.”

update (May 1, 2008): Today’s NYT editorial “The Gas-Guzzler Gambit” also uses the word pander and explains why “it is an expensive and environmentally unsound policy that would do nothing to help American drivers.”

The federal tax on gasoline is 18.4 cents per gallon, about 5% of the average price today. Savvy f/k/a readers probably didn’t have to read an article to wonder why we would expect the oil companies to automatically pass on the savings from a gas tax hiatus. In addition, if you’ve been reading about the plight of many independent gas stations, you might also expect the stations to try to pocket some of the tax savings for themselves. See, e.g., “Stations hope you fill up with more than gas: Fuel is loss leader for many; they make money in convenience stores,” (msnbc.com, April 1, 2008)

If you want to feel even worse about all this, and the related subject of reducing our nation’s gasoline consumption, read a little about the Price Elasticity of Demand for Gasoline; and see “Soaring Gas Prices Will Not Reduce Demand.”

Where do the Presidential Candidates Stand? We’re not naming names (due to our political-punditry hiatus), but see “Clinton Criticizes Obama Over Gas Tax Plan: Knocks Obama’s Opposition To Summer ‘Gas Tax Holiday,’ Which She And McCain Support” (CBSNews.com, April 28, 2008); “Obama Dismisses Gas Tax Holiday: Senator Says Gimmick Won’t Help Consumers, Designed To Get Rivals Through Election” (AP/CBSNews.com, April 29, 2008); and “McCain wants a gas tax ‘holiday.’ It’s a no-brainer, right?,” (The Oil Drum: Europe, April 15, 2008)

update (May 2, 2008): Yesterday, former Democratic National Committee Chairman Joe Andrew, a superdelegate, switched his presidential endorsement to Barack Obama. See “Longtime Clinton ally Joe Andrew defects to Barack Obama” (Los Angeles Times, May 2, 2008) At a news conference Thursday, Andrew said:

“Clinton’s support for a federal gas-tax holiday over the summer was symbolic of a poll-driven candidacy proposing something ‘politically expedient to give a quick pander to Hoosier voters,’ in contrast to what he called the ‘principled’ campaign Obama has run.”

We think the gas-tax-holiday issue can tell us a lot about our so-called leaders. Who is willing to tell us the truth? Who treats voters like adults? Who is worried about the long-run and not just the next election? It also tells us a lot about the voting public: Who will demand a simplistic “solution” even if it might in fact be counter-productive, just to get a few extra bucks in their pocket now.

- for other posts on issues related to gasoline consumption see: post-Earth Day spread: speed limits and efficient driving; Open Letter to Gas Whiners and Another Silly One-Day Gas Boycott

follow-up (May 8, 2008):  There’s an excellent editorial in today’s NYT, “The Tax Trickery Spreads” (New York Times, May 8, 2008)  Among points made:

• “Unfortunately, their [Senators Clinton and McCain] demagoguery is growing into a real problem, setting off a chain reaction of “me too” proposals across the country to suspend state gasoline taxes, which tend to be much larger than the 18.4-cent-a-gallon federal levy. If the pandering spreads, it would go a long way in setting the nation’s energy strategy in precisely the wrong direction.”

• “These ideas share a common purpose: appearing to be doing something to ease hard-pressed voters’ pain at the pump. Not only are they costly, but they will not do that. Suspending the federal tax would cost $9 billion. In New York, the suspension would blow a $500 million hole in state finances. Consumers in some states could benefit from lower state gas taxes because wholesalers could import gas from other states. Still, with refineries producing almost at full capacity, the tax break would prompt a jump in demand that would push up prices.”

If you’ve read and considered all of the above, you surely deserve a treat. Here are more poems from the newest issue of Acorn (No. 20, Spring 2008) — which, among its 100+ poems, contains contemporary haiku by a number of our f/k/a Honored Guest Poets:

nearby clouds
nearby mountains
the rescue helicopter hovers

… by Gary Hotham

a cat at a threshold I can’t see sniffs something I can’t smell

icy night
a saw-whet etches
the silence

………. by jim kacian

spring at last
letting the stallion out
into the pasture

….. by Randy M. Brooks

quick-running brook . . .
a stone from the bottom
lighter than imagined

……………… by paul m.

fumbling
with coat buttons
autumn rain

……………. by Yu Chang

Lightning-cracked rain –
his palm rests against
the bottle’s black label

Dead-end road –
shadows of skinny cows
through old barbed wire

……… by Rebecca Lilly

All Souls
a third day
of candy

………….. by John Stevenson

. . . . . . . 1958 to 2008. . . May 1st is Law Day . .

We’ve pretty much said all we need say about Law Day in prior years — see, e.g., “Law Day, Not Lawyers Day” (2004); “towards a better Law Day” (2005); “lawdy, lawdy another Law Day” (2006); and “Law Day with Chief Judge Kaye” (2007). This year, I’d like to point out that this is the 50th Anniversary of Law Day, which was started with a proclamation by President Dwight D. Eisenhower in 1958.

In other years, President George W. Bush issued Law Day proclamations a few days before May 1st. In 2005, he did not mention lawyers in his Law Day proclamation, in “Law Day, U.S.A., 2006” he did. Although President Bush has recently recognized Malaria Awareness Day, and Older American Month, along with Loyalty Day (which is also on May 1st) and Education and Sharing Day, there is no Law Day proclamation up at the White House Proclamation Page, as of 4 PM Eastern Time today, April 29, 2008. Some wags might conclude that he likes loyalty and lot more than the rule of law. update (April 30 May 1, 2008, 8 AM): Still no Law Day Proclamation from the White House, but National Physical Fitness and Sports Month did get honored overnight.

Better Late (May 1, 2008, 9:30 AM):  The White House has finally issued its proclamation for Law Day 2008.  It starts: “The right of ordinary men and women to determine their own future, protected by the rule of law, lies at the heart of America’s founding principles.  As our country celebrates the 50th anniversary of Law Day, we renew our commitment to the ideals on which this great Nation was established and to a robust system of ordered liberty.”  And continues, “We pay tribute to the men and women in America’s legal community.”  President Bush also looks toward “a hopeful future as we work to secure the liberty that is the natural right of every man, woman, and child.”

Prof Yabut, having recently watched both Frontline’s “Sick Around the World” and Michael Moore’s Sicko,, and having just read Pres. Bush’s proclamations for Loyalty Day, Older American Month, Education and Sharing Day, Malaria Day, and National Volunteers Week, wonders yet again: How can all those other nations pay for everyone’s health-care and education (and assure month-long vacations to workers) when our rich and caring country fails to do so?

The 2008 Law Day theme at the American Bar Association is The Rule of Law: Foundation for Communities of Opportunity and Equity. The ABA’s Law Day materials explain

Why Is This Theme Important?

Advancing the rule of law helps achieve an
array of public benefits. We all have a stake in
the rule of law, and we all can do our part to
strengthen it.

The rule of law refers to a system of self-
government with a strong and accessible legal
process. It features a system based on fair,
publicized, broadly understood, and stable
laws, and diverse, competent, and independent
lawyers and judges. This foundation is essen-
tial to foster sustainable communities of
opportunity and equity.

Frankly, I’m not too sure what that means, but there are a lot of materials at the ABA Law Day 2008 website to help understand the topic and even teach it to others. If you want to see whether there are Law Day activities in your area, check out their Law Day Events Calendar.

If you like tacky, don’t forget the ABA Law Day Store. (scroll down our 2006 Law Day post for thoughts on the Law Day Store) update (April 30, 2008): Anne at Court-o-rama says: “Not to be outdone by Hallmark, the ABA has a Law Day Store selling Rule of Law yo-yos, mugs, backpacks, balloons, postcards (send one to a despot!), and carabiners: the keychains of the future!!!.”

If you long for the days when Law Day was still celebrated by the Bar as if it really were Lawyers Day, go to the Resources Page of The Billable Hour Company and check out their Legal Holidays and Events Calendar. The calendar is meant:

To help raise the morale of legal professionals by spreading information about all of the federal, state and local holidays that celebrate lawyers and legal professionals.

Since the rest of the world is “not quite ready for Love Lawyers Day,” lawyers may just have to be satisfied with loving themselves.

afterthought (7 PM): KipEsquire at a Stitch in Haste is not happy with Pres. Bush’s proclamation making May 1st a National Day of Prayer, saying “Bush again insults and marginalizes atheists” (hat tip to Ed at BlawgReview)

If you’ve read down this far and are saying to yourself, “hey, where’s the haiku?,” here are a few from the brand new edition of Acorn (a journal of contemporary haiku, that is edited by Carolyn Hall). We’ll share more from Acorn No. 20, Spring 2008, very soon.

a cold cup
from a cold cupboard –
morning moon

… by Peggy Lyles -

pale moon the thinning of days into winter

… by Billie Wilson

here
for now
first snow

…… by John Stevenson

century oak –
waiting it out
inside the drip line

country road
the Nam vet
revs his Harley

…….. by Tom Painting

p.s. Tom’s second poem reminded me of articles I’ve been seeing lately like this one: “older riders adding to motorcycle fatalities” and “rusty baby boomers on bikes.” Be careful out there, Boomers. Don’t forget the rules of law nor the laws of nature (and physics).

Prof. Yabut says: While our Editor is taking his first morning nap, I thought I’d sneak in a quick posting that might violate his Christmas 2007 “no politics” pledge. I’d argue that I’m merely doing a public service by following up on one of the most-visited posts in our five-year history: “Inquiry to Obama on Tort Reform” (Aug. 4, 2004), from which we hoped to find out the position of Democratic presidential candidate Senator Barack Obama on tort reform and related issues. [Note: Our Editor is a lifelong Democrat and has recently noted his support for Sen. Obama.]

Reminder: The f/k/a Gang [the Editor and his alter egos] are not “tort reformers” — we do not advocate arbitrary or blanket limits on the size of personal injury awards. We have, however, written extensively on the topic of the standard contingency fee (charging virtually every personal injury client the same percentage fee regardless of how risky or easy the case might be), which we believe consistently extracts excessive fees from clients. See, e.g., our four-part essay on the ethics and economics of contingency fees.

This position has drawn the ire of the so-called “trial lawyers,” “consumer protection lawyers” and “justice lawyers,” who seem to have much power over traditional Democratic politicians (especially those seeking campaign contributions). For example, the supposedly pro-consumer Clinton Administration opposed a bill that would have merely told consumers that they have the right to negotiate the level of a contingency fee. [aside (May 1, 2008): See my Comment #5 below about a reaction to the above mention of standard contingency fees.] Now, finally, let’s go to the point of this posting:

As you probably know, Barack Obama appeared on Fox News Sunday on April 27, 2008 (to the apparent dismay of many liberal bloggers who support negotiating with our nation’s enemies, but are boycotting Fox in order to “delegitimize” it. Please, kids, grow up with all your litmus tests.). Click for a Transcript of Obama on FNS.

For the purpose of this post, what interested us was this exchange between moderator Chris Wallace and Sen. Obama:

WALLACE: Some of your detractors say that you are a paint by the numbers liberal and I’d like to explore this with you. . . . As a president, can you name a hot button issue where you would be willing to cross (ph) Democratic party line and say you know what, Republicans have a better idea here. . . .

OBAMA: . . . I would point out, though, for example, that when I voted for a tort reform measure that was fiercely opposed by the trial lawyers, I got attacked pretty hard from the left.

At Point of Law.com, guest-blogger Carter Wood responded to this brief remark with the posting “Obama Cites His Tort Reform Credentials” (April 27, 2008). Wood notes:

“He’s no doubt referring to his February 2005 vote for S. 5, the Class Action Fairness Act, which passed 76-26. Ted Frank analyzed Obama’s CAFA vote and tort reform record in this December 2006 post, concluding, ‘As a reform supporter, I’m far from convinced that this makes him someone willing to cross the plaintiffs’ bar.’ Senator Clinton voted no.”

In his earlier Point of Law piece, “Obama and liability reform” (Dec. 27, 2006), Ted Frank weighed in on whether Sen. Obama had any tort-reform creds, discussing his vote for what Frank calls “the eminently sensible Class Action Fairness Act.” After noting that “Obama may have annoyed the lunatic left with his vote for CAFA,” Ted says, among other things:

“Obama didn’t participate in the negotiations to get Democratic support, and he voted for every Democratic attempt to eviscerate the bill with amendments. . . Obama didn’t break with the Democrats on any seriously contested tort reform measures: he filibustered medical malpractice reform, and was one of the votes to kill the asbestos reform bill (which effectively failed by one vote) . . . Obama claimed to support medical malpractice reform in his Senate campaign (or, at least, made pro-reform swing voters think that he did), but, then, so did Kerry and Edwards in their 2004 presidential campaign.

“Obama co-sponsored the MEDiC bill with Hillary Clinton; it was a federally-funded variation of the so-called “Sorry Works” proposal . . . But it’s hardly the move of someone daring to flout the trial lawyers who dominate the Democratic Party these days.”

I don’t believe that Barack Obama has ever tried to portray himself as a full-blooded, knee-jerk Tort Reformer. As far as I’m concerned, neither being totally for nor totally against every tort-reform proposal makes good sense or good public policy. The issues raised are complicated and need to be looked at with regard to the legitimate rights of both injured plaintiffs and accused defendants — assuring that all litigants get justice and our justice system is efficient and fair. There is no simple fix that can assure that those truly injured by bad-actors are fully compensated and that defendants are treated fairly both when blame is assigned and when damages are measured.

From my perspective as a consumer advocate and citizen looking for an effective and fair justice system, it seems that: Rabid proponents of tort reform mostly want to pay injured plaintiffs as little as possible, while rabid opponents of tort reform — mainly the “trial” or personally injury bar — want to be able to extract as much money as possible from defendants while assuring the biggest fees possible for plaintiffs’ lawyers.

In this context, I’m pleased that Barack Obama has not totally embraced “tort reform,” and — as a Democrat who worries about interest groups strangling the party and skewing its positions and priorities — am even more pleased that the Senator is unwilling to simply rubber stamp the position of trial lawyers by serving as their mouthpiece, puppet or platitude-peddling political paladin, rather than looking at each issue or piece of legislation on its merits.

I continue to hope that Sen. Obama will produce a comprehensive statement about our litigation system and necessary reforms and restructuring (including the need for full access to the courts). By choosing not to embrace either Tort Reformers or Trial Lawyers, Barack Obama increases his creds as a refreshingly different kind of politician.

Nakations? The New York Times tells us today that there’s a big trend of Americans heading to nudist resorts for their vacations — dubbed “nakations”. See “No Shoes, No Shirt, No Worries” (by Michelle Higgins, April 27, 2008). The article came just a couple days after I wrote to a friend that, “American obesity has taken a lot of the fun out of watching the change from winter to spring wardrobes.” So, I’ve got to confess that the general notion of Americans wearing no clothes is not a big draw (much less a turn-on) for me.

nude beach
a man and a woman
collect shells

nude beach
the jet ski instructress
tells me to “concentrate”
………….. . . . by ed markowski [”shells” from The Heron’s Nest.]

On the other hand, our cranky contrarian Prof. Yabut pointed to the NYT statement that:

“the real boom in nude vacations is coming at the high end of the business, as upscale hotels and resorts, and even some luxury cruise lines, have begun to see the economic potential in the no-clothes crowd — particularly those who want to shed their clothes but not their pampered lifestyles.”

keep your shirt on, buddy … …

As a lifelong (and long-lived) practitioner of lookism, Yabut added, “at least they’re upscale nudists.” That got me thinking about the widespread assumption that the rich are not as fat as the poor in America. I turned to Mr. Google for help, and went first to the Wikipedia entry on obesity, where a relevant section states:

Social determinants

“. . . In particular, a class co-factor consistently appears across many studies. Comparing net worth with BMI scores, a 2004 study found obese American subjects approximately half as wealthy as thin ones. When income differentials were factored out, the inequity persisted—thin subjects were inheriting more wealth than fat ones.

A higher rate of a lower level of education and tendencies to rely on cheaper fast foods is seen as a reason why these results are so dissimilar. Another study finds women who married into higher status are predictably thinner than women who married into lower status. [Ed. note: my empirical evidence definitely jibes with that last statement.]

“A 2007 study of more than 32,500 children . . . indicated that BMI change in friends, siblings or spouse predicted BMI change in subjects irrespective of geographical distance. The authors concluded from the results that acceptance of body mass plays an important role in changes in body size .”

family picnic
the new wife’s rump
bigger than mine

… by Roberta Beary - The Unworn Necklace (Snapshot Press 2007)

That sounded about right. See also: “Lower-income Neighborhoods Associated With Higher Obesity Rates” (Science Daily, Feb. 10, 2008) (”A new study appearing in the journal Nutrition Reviews reveals that characteristics of neighborhoods, including the area’s income level, the built environment [e.g., “barriers to physical activity”], and access to healthy food, contribute to the continuing obesity epidemic.”); “DIETING LINKED TO INCREASED WEALTH, STUDY FINDS” (Research News, July 2005) (”Overweight Americans who lose a lot of weight also tend to build more wealth as they drop the pounds, according to new research.”); and “Obesity Often Linked to Income” (npr, Aug. 18, 2004) (”Americans spend a good deal of money eating out, a habit tied to the nation’s obesity epidemic. Researchers say the less people can pay for food, the more calories they consume.”)

dia de los muertos —
the anorexic looks
envious

……. dagosan

Nonetheless, the f/k/a Gang doesn’t [usually] just stop its research as soon as we find materials confirming our own assumptions. And, when we looked at a few additional Google results for the search “obesity [income OR wealth]”, we quickly saw that — like just about everything we talk about at this site — things are not as simple or clearcut as we first thought.

For example:

• “Obesity surges among affluent” (by Nanci Hellmich, USA TODAY, May 2, 2005) According to this article, “Obesity a condition that for decades has been more prevalent in the poor, is skyrocketing among affluent Americans, a new study finds. Defined as 30 or more pounds over a healthy weight, obesity has increased nearly threefold over a 30-year period among Americans who earn more than $60,000 per year, according to researchers at the University of Iowa College of Public Health.” Since the 1970’s, obesity rates “went from 9.7% to 26.8% . Among those making less than $25,000, the increase was much smaller, from 22.5% to 32.5%.”

These are scary numbers, but they do no necessarily contradict the Rich Is Thinner notion, since — for most Americans — “rich” and “affluent” refer to people making a lot more then $60,000 per year. I’d like to see how the numbers break down for the “truly rich” who can afford to go upscale. But, what about:

• “Children’s Risk of obesity soars with family income” (Sept. 17, 2008) According to the Daily Mail, “Children with wealthy middle class parents are more likely to be overweight or obese than those from poor households, a study has revealed.” The article goes on to say that:

 

 

“The findings go against conventional wisdom that Britain’s poorest families have the worst diets - showing the risk of obesity actually soars with family income. . . . Researchers linked the problem to the rise of highly-paid working mothers - who are often forced to leave a nanny or nursery in charge of their child’s diet and physical exercise.

“High consumption of snack foods and sweetened drinks, long hours spent watching television and low rates of breastfeeding - shown to prevent obesity - were also said to be factors”.

 

As the article notes, this seems to be a warning to middle-class parents, “who often ‘assumed’ their children were living healthy lives.”

the naked child crawls–
the blooming
poppies

.. by Kobayashi Issa, translated by David G. Lanoue

It’s sad that the children of the well-off are also caught up in the Western world’s obesity epidemic. Thankfully, as today’s Times article points out: “No matter how popular and upscale nude resorts become, one social convention is unlikely to change: Nudity and family vacations don’t always mix.” Thus, nakationers can probably avoid having to look at the fat, naked kids of wealthy Americans and Brits. That’s definitely a relief.

Buddha’s birthday–
fat little sparrows
and their parents

a chubby girl
offered pickles…
soot sweeping

my child
in the barley field wind…
nicely plump

.. by Kobayashi Issa, translated by David G. Lanoue

- no thanks: nudist camp weight-loss center cartoon

roly-poly pigeons
growing fatter…
a long day

being so fat
he’s not a good jumper…
frog

giving these skinny legs
new life…
a pheasant

.. by Kobayashi Issa, translated by David G. Lanoue

… … Does Richer Mean Thinner? We don’t get paid enough to have a definitive answer to the Are Rich Nudists Thinner question. Nevertheless, we note the section of today’s NYT article devoted to the notions of U. Berkeley psychology professor Dacher Keltner:

“Today, America’s increasing obsession with health and wellness may be contributing to the rise of clothing-optional vacations. “Americans have moralized healthy bodies,” said Dacher Keltner, a professor of psychology at the University of California at Berkeley, who has studied moral emotion and judgment. He added that “a case could be made that people are traveling to these places to be pure for moral reasons — to achieve harmony in nature.” It’s really a form of self-expression, he added, that dates back to Walt Whitman and John Muir, as well as Thoreau, all of whom advocated being as true to yourself as possible. “The truest you can be is taking off those clothes,” he said.”

It seems to the f/k/a Gang that most of the folk who would agree with and abide by Prof. Keltner’s explanation are likely to be the educated American elite, who tend to be rich rather than poor (and from California rather than Indiana). Therefore, if we had to be dropped into the middle of a nudist resort — and not ones like the Times says “turn away single men” — we hope it’s one of the upscale nakation spots, perhaps the kind that caters to a lot of those “women who married into higher status” mentioned at Wikipedia.

cloudburst–
a naked rider
on a naked horse

.. by Kobayashi Issa, translated by David G. Lanoue

the old couple’s legs -
skinny and white as
mine

empty cookie tin –
letting out last year’s
santa suit

……….. by dagosan

Seen here yesterday. . . . [big]

cherry blossoms
another year
of haiku

……… by john stevenson - Upstate Dim Sum (Vol. 2007/II, Fall 2007)

Rumor has it that haiku poet-editor John Stevenson snuck into Schenectady at the end of the afternoon yesterday (April 24, 2008), for a quick look at the cherry blossoms on display at Congregation Gates of Heaven. [Click here and here to see why it was worth the drive from Albany.] I was on that very corner snapping photos around 3 PM yesterday, and I’m sorry to have missed John (and his friendly guide Prof. Yu Chang).

Earlier this month, John was in New York City, serving (again) as judge for the English-language section of a student haiku contest sponsored by the United Nations International School.

Christmas evening
the snow
doesn’t stick

……. by john stevenson - Upstate Dim Sum (Vol. 2007/II)

Now that he’s managing editor of The Heron’s Nest journal (see prior post), John’s award-winning haiku are no longer appearing at that venerable venue. So, I thought I’d post a few of his poems that are not found yet online, from the last issue of Upstate Dim Sum, as well as a trio from Shamrock Haiku Journal, which was launched in 2007 by the Irish Haiku Society. No matter what else he’s doing, or where he’s hanging his hat, you can be sure that John is hatching or crafting haiku.

the tide
arranging rocks and sand,
just as I would

smell of the earth turned up by a tractor

showing the new kid
which corner of the lot
is home plate

old pasture
the buzzing
in a hollow tree

lights on
in the schoolhouse
winter afternoon

warm breezes
seem responsible
for the way she walks

….. by John Stevenson - Upstate Dim Sum (Fall 2007)

poor singing voices
nevertheless
they have built a nest

a small kitchen
the toaster
warms one corner

Impressionism
ladies with parasols
walk to the next painting

…. by John Stevenson - Shamrock Haiku Journal (Vol. 1, 2007)
“a small kitchen” - also. pub. Upstate Dim Sum (Fall 2007)

It’s Earth Day Plus One: Now it’s time to see whether we really want to make a difference — by changing our habits in a meaningful way, despite the inconvenience.

Earth Day –
recycled bottles
in a three-car garage

… by dagosan [April 24, 2005]

If politicians and the public were serious about achieving fuel economy — in order to save money and save Earth from greenhouse gases — they would start enforcing our speed limit laws and rollback the highway speed limit to 55 mph. Fuel economy decreases rapidly above 60 mph, according to the FTC. And, as we reported on May 2, 2005, “driving at 10 miles an hour above the 65 miles-per-hour increases fuel consumption by 15 percent.” (See NYT, “Unmentioned Energy Fix: A 55 M.P.H. Speed Limit,” May 1, 2005)

supplemental update (April 24, 2008): Eartheasy.com’s Fuel-Efficient Driving page tells us that “The keys to climate control are in your hands.” It states:

You can boost the overall fuel-efficiency of your car as much as 30% by simple vehicle maintenance and attention to your style of driving. Here are some tips on fuel-efficient driving that will not only reduce greenhouse gas emissions and other pollutants, but could save you hundreds of dollars a year in fuel costs.

The Eartheasy piece succinctly summarizes this EPA fuel efficiency graph:

Drive steadily at posted speed limits. Increasing your highway cruising speed from 55mph (90km/h) to 75mph (120km/h) can raise fuel consumption as much as 20%. You can improve your gas mileage 10 - 15% by driving at 55mph rather than 65mph (104km/h). Note how quickly efficiency drops after 60 mph.

You can find more detailed and technical information at How Stuff Works.com. Its article “What speed should I drive to get maximum fuel efficiency?” states, for example, that:

• “[F]or most cars, the ’sweet spot’ on the speedometer is in the range of 40-60 mph. Cars with a higher road load will reach the sweet spot at a lower speed.”
• “In general, smaller, lighter, more aerodynamic cars will get their best mileage at higher speeds. Bigger, heavier, less aerodynamic vehicles will get their best mileage at lower speeds.”
• “If you drive your car in the ’sweet spot’ you will get the best possible mileage for that car. If you go faster or slower, the mileage will get worse, but the closer you drive to the sweet spot the better mileage you will get.”

 

So, we have an easy but significant fuel economy solution — with one big problem: human nature. Politicians don’t have the guts to call for any real sacrifices and we plain folk — myself included — like driving fast and getting to our destinations quicker. Of course, I’ve learned that no matter how much the f/k/a Gang nags, we don’t change many minds or habits.

Me. The only person I can control is myself, and I pledge today to follow the speed limit on all highways and (as explained below) adopt habits that will enhance my driving efficiency. In addition, I’m going to actively campaign for both the enforcement of our speed limit laws and the return to 55 mph as the speed limit on our highways. Of course, you are welcome to join the pledge.

A 2005 survey by the Governors Highway Safety Association confirmed what we already knew: almost every state allows drivers to regularly and significantly exceed the speed limit before they are stopped — and “Nearly all respondents reported a public perception that there exists a cushion above a posted speed limit in which officers will not cite offenders. The range most often reported was 5-10 miles per hour above the posted limit. “(NewsMax.com, AP, “Survey: Most States Allow Speed Cushion,” June 13, 2005; Survey Executive Summary). One news report noted:

“Authorities patrolling U.S. highways tend to give motorists a cushion of up to 10 miles per hour above the speed limit before pulling them over, says a survey by a group of state traffic safety officials. The group found that 42 states allow drivers to regularly exceed the speed limit before they are stopped. [Editor’s Note: only 47 states responded to this survey; at least one of the non-responders — New York — clearly also has the speed cushion.]

“This cushion truly exists across the country and in some cases is more than 10 miles above posted limits,” said Jim Champagne, the GHSA’s chairman.

“Law enforcement needs to be given the political will to enforce speed limits and the public must get the message that speeding will not be tolerated,” said Champagne . . .

. . . “Since 1994, 38 states have increased their speed limit, the report said. Congress in 1995 allowed states to raise limits above 55 mph in urban areas and 65 mph on rural roads.

“[And, yes, speed both costs and kills:] A study released in 1999 by the Insurance Institute for Highway Safety estimated an increase in deaths on interstates and freeways of about 15 percent in the 24 states that had raised their speed limit in late 1995 and 1996.”

 

In 2005, I opined: “I hate to be cynical, but I don’t think there’s any chance that the American public — or their courageous leaders — will go along with lowering speed limits to 55 mph in order to save billions of gallons of oil a year.” This is another time when I would love to see one of my predictions proven wrong.

An AP article in yesterday’s Schenectady Gazette, like similar ones over the past few years, told of consumer angst over high gasoline prices but failed to mention anything about non-commercial drivers reducing speed to reduce gas consumption. See AP/Gazette online, “Drivers, eyeing gas prices now averaging $3.50 a gallon nationwide, say they feel squeezed” (April 22, 2008)

The only exception are trucking companies: “The American Trucking Associations on Monday said it will host a ‘fuel strategies workshop’ in June to help fleet operators cope with soaring prices. ATA Chief Economist Bob Costello said fuel has now surpassed labor as the trucking industry’s biggest cost, prompting some companies to install devices that prevent drivers from speeding.” [And see, “Truckers Back a National 65-mph Speed Limit,” US News & World Report, March 26, 2008]

Since far too few drivers are likely to regulate themselves and slow down without an incentive, the first step is obvious (and easy): Our Governors and law enforcement officials need to bite the bullet and declare that – oh-my-god! — we’re going to enforce the speed limit; and then they need to do it. Filling depleted state coffers with the speeding fines will just be an added bonus — and should cover the extra cost of diligent, deterrent, habit-shaping enforcement.

Sadly, despite the use of alternative fuels and the purported switch to cars with better mileage, the Federal Trade Commission’s Oil-Gas webpage recently noted, “the Energy Information Administration forecasts that gasoline consumption will continue to increase through 2030.” (FTC Gasoline Column, March 7, 2008) However. there are things you and I can do individually today (and, hopefully, tomorrow) to reduce fuel consumption without buying a new car.

As the FTC consumer alert “Saving Money at the Gas Pump: A Bumper-to-Bumper Guide” (FTC Consumer Alert 2006) reminds us: “When it comes to stretching your gas budget, how you drive can be almost as important as how far you drive.“

So, please join me in my pledge to drive smart and increase my fuel efficiency. Here are some useful tips from the 2005 FTC Consumer Alert “Good, Better, Best: How to Improve Gas Mileage“:

On the Road: Drive More Efficiently

* Stay within posted speed limits. Gas mileage decreases rapidly at speeds above 60 miles per hour.
* Stop aggressive driving. You can improve your gas mileage up to five percent around town if you avoid “jackrabbit” starts and stops by anticipating traffic conditions and driving gently.
* Avoid unnecessary idling. It wastes fuel, costs you money, and pollutes the air. Turn off the engine if you anticipate a wait.
* Combine errands. Several short trips taken from a cold start can use twice as much fuel as one trip covering the same distance when the engine is warm.
* Use overdrive gears and cruise control when appropriate. They improve the fuel economy of your car when you’re driving on a highway.
* Remove excess weight from the trunk. An extra 100 pounds in the trunk can reduce a typical car’s fuel economy by up to two percent.
* Avoid packing items on top of your car. A loaded roof rack or carrier creates wind resistance and can decrease fuel economy by five percent.

And, At the Garage: Maintain Your Car

* Keep your engine tuned. Tuning your engine according to your owner’s manual can increase gas mileage by an average of four percent. Increases vary depending on a car’s condition.
* Keep your tires properly inflated and aligned. It can increase gas mileage up to three percent.
* Change your oil. According to the U.S. Department of Energy (DOE) and Environmental Protection Agency (EPA), you can improve your gas mileage by using the manufacturer’s recommended grade of motor oil. Motor oil that says “Energy Conserving” on the performance symbol of the American Petroleum Institute contains friction-reducing additives that can improve fuel economy.
* Check and replace air filters regularly. Replacing clogged filters can increase gas mileage up to ten percent.

To help keep myself on track, I plan to report back regularly with frank assessments of my compliance with this very doable but also somewhat daunting checklist of good driver practices in the fuel-reduction game. My first big test may come on Mother’s Day, when I drive the 220 miles to see Mama G. I’m going have to get out the door a bit earlier to stay on schedule while abiding by the speed limit. I’m looking forward to seeing my gas-savings at the pump driving the New York Thruway at 65. Watching all those cell-phoning, tail-gating fools pass me along the way might just inspire a senryu or two.

- for further related reading see our Open Letter to Gas Whiners and Another Silly One-Day Gas Boycott -

update: See the op-ed column “Government at all levels can — should — take steps to help with gas crunch,” (by Joe Slomka, Schenectady Sunday Gazette, April 27, 2008). Among other good points, Joe says:

“I’m as mad about high gas prices as the next guy, but what I’m really mad about is the fact that this is a problem we created for ourselves and are doing virtually nothing to solve. And solving it would involve so little sacrifice. . . . What I’m talking about, mostly, is motorists — especially the ones who drive those guzzlers — slowing down.”

good news (but no excuse to speed): “As Gas Costs Soar, Buyers Flock to Small Cars” (New York Times, May 2, 2008) “[T]here are some indications that the trend toward smaller vehicles will reduce the nation’s fuel use. In California, motorists bought 4 percent less gasoline in January than they did the year before, a drop of more than 58 million gallons, according to the Oil Price Information Service.”

more resources (May 3, 2008): For a lot of information and inspiration (and some great bumper stickers) zoom over to iDrive55.org - the Drive 55 Conservation Project.

And “carpool for a better tomorrow” with RideSearch.com.

Good news (May 8, 2008): Our local News Channel 13 in Albany, NY, had a segment yesterday called “Some drivers reduce speed to save gas” (wnyt.com, May 7, 2008), which points out that “Researchers say today’s cars are most fuel efficient at speeds between around 30 and 60 miles per hour. Mileage drops sharply at speeds above 65 as engines work harder.” The piece includes a poll asking whether you are slowing down due to high gas prices.

more good news (May 10, 2008): “Gas prices sends surge of riders to mass transit” (New York Times, May 10, 2008). “Some cities with long-established public transit systems, like New York and Boston, have seen increases in ridership of 5 percent or more so far this year. But the biggest surges — of 10 to 15 percent or more over last year — are occurring in many metropolitan areas in the South and West where the driving culture is strongest and bus and rail lines are more limited.”

p.s. What’s Your Carbon Footprint? A Carbon Footprint is a measure of the impact our activities have on the environment in terms of the amount of greenhouse gases we produce. It is measured in units of carbon dioxide. Earth Day (or any day) is a good time to calculate your carbon footprint. At Carbon Footprint.com you can also calculate the (incredibly large amount of ) CO2 you’ll use by flying to a destination.

The Poetry Society of America finally gave haiku a little respect last night, April 21, 2008. At its 98TH ANNUAL AWARDS CEREMONY, in The Grand Ballroom of The National Arts Club, in New York City, PSA officially announced the winners of its twelve annual awards.

We’re very pleased to tell you that one of the two Finalists for the William Carlos Williams Award — which was given to “Complete Minimal Poems” by Aram Saroyan — was The Unworn Necklace: Haiku and Senryu (Snapshot Press 2007) by “our” lawyer-poet friend Roberta Beary.

Renowned poet and poetry commentator Ron Silliman was the judge for this year’s William Carlos Williams Award [which is for a book of poetry by a single author, published by a small press, non-profit, or university press]. At his Silliman blog this morning, Ron explains why he chose The Unworn Necklace and the very different “Sorry, Tree” by Eileen Myles as finalists — “the term that the Poetry Society of America prefers for those books that also deserve some special attention.”

He had this to say about the relationship of haiku to the rest of the world of literary poetry:

“If slam poets & visual poets go around thinking that nobody takes their genres seriously as literature, haiku poetry has been off the map altogether – a genuinely popular literary art form that receives no attention whatsoever from what Charles Bernstein would call Official Verse Culture unless it is for a new translation of one of the classics, or work by a poet, such as Anselm Hollo, already widely known and respected for writing in other forms. The whole idea of all these contests – not unlike slam competitions – is to create its own alternative institutional universe.”

Silliman later notes: “This is a book I never would have picked up – probably never would have seen, although it’s already gone into a second printing – that made me completely grateful to the Poetry Society of America and the Williams Carlos Williams Award for putting it into my hands.” I’m grateful that Ron Silliman had the courage to bring haiku into the spotlight of this “alternative institutional universe” — an important first step that should mean a little more respectability and appreciation for the genre as it has evolved in the English-language haiku world.

Silliman then goes on with great insight describing Roberta’s The Unworn Necklace. I hope you’ll read his entire posting to see why he felt TUN was a book worthy of special attention. After noting that her

thunder
the roses shift
into shadow

“might tell you a lot about a poet like Beary” [e.g., she likes subtle formalities and specificity of detail] but, Silliman says:

“By itself, tho, it’s hardly distinct from any of the hundreds of well-written works in these books, not just my final 19 volumes or even the broader group of books I liked. The reality, tho, is that it’s atypical of The Unworn Necklace, which is really a 70-poem not-quite-narrative cycle that has the weight and emotional force of a novel. A sprawling & powerful novel. A novel specifically about a woman’s midlife relationships as her marriage goes south, her father dies, her daughter takes flight, a new relationship is tested.”

Silliman then gives a couple examples of more typical TUN poems:

his death notice . . .
the get-well card
still in my briefcase

or

mother’s day
a nurse unties
the restraints

and declares: “These poems are compact, but remarkably well placed in the construction of a larger whole. . . . [T]he aesthetic here of absolutely minimal strokes accumulating to create a far more powerful picture is really overwhelming.”

If Silliman and PSA have whet your Beary appetite, check out our f/k/a review of The Unworn Necklace, which includes and has links to many of the poems in TUN. And, find many more of Roberta’s poems by clicking the links on her f/k/a Archives Page.

Here’s his final tribute to the two William Carlos Williams Award Finalists:

“Absent Aram Saroyan’s Complete Minimal Poems, I knew I would have given the WCW Award to one of these two books. . . . The only thing these books share in common is their power, and it’s interesting to imagine what kind of statement either would have made had it been the volume selected. This is what I just hate about contests. Each of these volumes is a total winner.”

Bravo to Roberta Beary and congratulations to the haiku genre, which can perhaps now start to overcome its little poetic self-esteem problem.

The Unworn Necklace: Haiku and Senryu, by Roberta Beary
(Snapshot Press 2007)

p.s. Snapshot Press has been in the process of “comprehensively redesigning and updating” its website for several years. It’s homepage now promises that “The new site will be launched in May 2008.” I hope so. And, I hope the new site will do a much better job than the old one of spotlighting each of its publications — especially the individual collections by haiku poets such as Roberta Beary, Carolyn Hall and Paul Miller.

update (April 23, 2008): John Barlow, editor of Snapshot Press, deserves a lot of credit for the overall feel of The Unworn Necklace. He has written a lengthy piece about Roberta’s Finalist status, and you can read it at the North Carolina Haiku Society Blog. John concludes:

“We feel this landmark achievement for the ‘haiku community’ underlines a belief that haiku has a considerable potential audience beyond this community, and that English-language haiku of the highest quality can break down barriers that both exist, and are perceived to exist, between ‘mainstream’ poetry and haiku. This will ultimately be to the benefit of all in the haiku community – haiku needs readers – but it will only be possible if we are collectively and individually supportive of such opportunities as they arise.”

afterthoughts (April 23, 2008): The PSA recognition for The Unworn Necklace is a wonderful development. I am a little worried, however, that the haiku community might conclude the way to be recognized by “mainstream poetry” critics and readers is to produce another “narrative cycle that has the weight and emotional force of a novel” — rather than collections of excellent haiku by an individual poet. The result, I fear, would be (in the hands of less talented poets or editors) — as Ed Markowski suggested to me yesterday — tediously long “haiku sequences” or a one-haijin “anthology” covering a particular theme. A collection of haiku and senryu can surely be much more than the sum of each poem, but I fear we are devaluing the individual poem and distorting the genre if we ask a collection to have a novel-like over-arching impact and theme in order to be serious literary poetry. What do you think?

afterwords (April 24, 2008): My cranky alter ego Prof. Yabut wanted me to clarify why I think recognition by PSA is good for haiku. It is not because I think haiku needs validation by “mainstream” or even “cutting edge” poets or poetry’s High Priests to be a worthy literary genre. My own enjoyment and appreciation of haiku — as a reader and a writer of genuine haiku — is in no way dependent upon the attitude toward haiku of what Ron Silliman and Charles Bernstein call the “Official Verse Culture.” (In some ways, their ignoring the genre makes me feel even better about being part of the humble little haiku community.) For me, PSA recognition of Roberta Beary’s wonderful book of haiku and senryu is to be celebrated because it makes it much more likely that many poetry lovers who have previously shunned or ignored the genre (or confused it with the parody-ku that is all too abundant on the web and in the media) will be exposed to it and will be able to discover for themselves its joys and unique gifts. Some will love it. Some will hate it. Some will be indifferent and never pick up another haiku volume. But, they will at least have given haiku a chance, by seeing what a modern English-language master of the form can do with 17 syllables or less.

update (April 28, 2008): A week after the award announcement, I’ve heard from several sources (e.g., here) that The Unworn Necklace has seen a nice jump in sales at Amazon.com, as have other “serious” haiku books. At 3 PM today, the TUN page at Amazon.com says:

Popular in these categories: (What’s this?)

#1 in

Books > Literature & Fiction > Poetry > Japanese & Haiku

This is, of course, one of the hoped-for results of recognition by the PSA. As we had also hoped with the publication a year ago of “Baseball Haiku,” more exposure and sales of genuine haiku (as contrasted with Cowboy-ku and Cat-ku, etc.) will make it possible for more good haiku to be seen and published.

. . . Last week, the corner where I live had the blahs. Even with a blue sky, it seemed like a black-and-white, colorless world.

cloud-covered twilight
she resets the printer
to grayscale

…… by dagosan

Over the weekend, however, we got color.

All it took was the arrival of our cherry blossoms.

(large)

Like my former adopted hometown of Washington, D.C., humble little Washington Ave. in the Historic Stockade District of Schenectady, NY, has a few splendid days dominated by cherry blossoms.

the wiggle
of a bee’s behind—
cherry blossom

. . . . . . by Laryalee Fraser

As you can see, the Washington Avenue cherry-blossom trees are rather young, but they already make a big splash and promise much more as the years go by. Here are a couple photos I took this afternoon; you’ll find a few more below the fold.

Washington Ave. looking northward from Union St. (larger)

distant thunder
a few cherry blossoms
float to earth

just blossoming
we meet under
the cherry tree

. . . . by w.f. owen

This tree stands in front of the Schenectady County Historical Society at 32 Washington Ave.

cherry blossoms
the tug tug tug
of baby’s hand

morning mist
a bent back sweeps
yesterday’s blossoms

. . . . . by roberta beary

update (April 24, 2008): Many thanks to our venerable (well, old) and very popular local morning radio personality Don Weeks, for posting a few of these f/k/a photos at his 810WGY webpage. See “Cherry Blossoms in Schenectady” (810WGY.com, April 24, 2008)

- for information on cherry blossom festivals in Washington and Vancouver, and many more cherry blossom haiku, see our 2007 posting and our 2008 sequel.

- click “more” to see more blossoms under the fold -

(more…)

(large) This photo of the Mohawk River was taken at the end of my block of Washington Ave. in Schenectady, NY, back in March. Unless we’re having a flood or ice floes are backing up, the Mohawk is rather placid around here, and virtually no one is likely to think “let’s surf!” However, less than 20 miles east of us at Waterford, NY (see the Google Map), anesthesiology resident Dr. Jef Field of the Albany Medical Center can often be found river-surfing in the churning waters of the Mohawk, near where it empties into the Hudson River. See, for example:

by Lori Van Buren /Albany Times Union

by Lori Van Buren /Albany Times Union

As explained in the Albany TU article “An unlikely spot to catch a wave: Doctor finds place to pursue favorite sport far from the ocean” (by Jimmy Vielkind, April 9, 2008; via John D. at Nobody Move!), Dr. Field — a 35-year-old Virginia Beach, Va., native who now lives in Bethlehem, NY — says “Rivers are kind of like my ocean in the mountains” and outdoor thrill-seeking is his “natural high.” (But, lucky man, he also gets that high from his work.)

Wearing a neoprene wet suit and using a turquoise “platypus” board that is custom-designed for river surfing, Field was photographed on a day when the Mohawk River was quite high (14 feet) and flowing at 20,300 cubic feet per second. Here’s how reporter Vielkind described the scene:

“He stood on a path between the old Champlain Canal and Goat Island, just north of a hydroelectric dam. Field surfs between a 30-foot cliff and a cement diverting wall on the Mohawk as it tumbles into the Hudson.

“He walked upstream, about 30 yards from the “standing wave” created by a cataract, and slid into the water. . . . He spun around and slid into the frothing wave, then swam upstream.

“Suddenly, he rose above the froth and, with knees bent, began gyrating while riding the wave, left and right, up and down. He flashed a two-fingered V.

“After about a minute, the wave got the best of him. He was swept about 30 yards downstream, where he stood up in a quieter stretch on the other side of the wall and slowly walked upstream.” [enlarged versions of the above photos can be accessed from the article]

Field doesn’t seem a bit worried about the dangers involved in surfing this section of the Mohawk. As for any long-term health risks, he notes that he’s not drinking this river, and insists that “Something else is gonna get me first.” [For more information, see the website of The World River Surfing Association]

in what’s left
of our footprints–
some of the wave

. . . . . by Gary Hotham from- snow on the water: RMA 1998; South by Southeast V:2

arabesque
where the wave
withdraws
. . . . . by jim kacian, from Chincoteague

Why Lawyers Should Surf, by Tim Kevan and Michelle Tempest

Dr. Field’s joy in surfing and talk of “natural highs” naturally reminded me of the book Why Lawyers Should Surf: Inspiration for Lawyers at Work and Play, by (ex)barrister Tim Kevan and psychiatrist Michelle Tempest (see Tim’s description, and our prior post). And, it made we wonder if their companion volume “Why Doctors Should Surf: Inspiration for Doctors at Work and Play” was finally available.

It also reminded me that I’ve been wanting to escape my Green-Eye Monster and tell you about Tim Kevan’s current status: His popular The Barrister Blog (see our praise for it) was originally captioned something like “law, politics, and surfing.” However, it’s now called The (ex)Barrister Blog and has the envy-invoking caption, “retired young and gone surfing.” In the weblog’s sidebar you’ll find this cryptic explanation:

The (ex-)Barrister Blog is written by Tim Kevan who was a barrister for ten years before retiring to live by the sea, go surfing and write a novel for Bloomsbury Publishing.

I may be too old and worn out to take up river or ocean surfing. But, I’m still willing to accept a nice advance to write a novel or a memoir. Meanwhile, I’m not going to hold me breath waiting — especially since I want to shout out a very big congratulations to Tim, while hoping novel-writing will come as easy to him as all his many other adventures and professional ventures. Given Tim’s wit and insight, I’m looking forward to reading his first novel and telling f/k/a’s readers about it.

the view west -
a splash of red
on every wave

. .. by matt morden - Morden Haiku

on the beach
the tracks of two
lounge chairs

. . . . . by John Stevenson from Quiet Enough

p.s. If you’re into cyber-surfing, and want to painlessly learn about Virtual Law, I suggest heading over to Blawg Review #156, at Virtually Blind. Host Benjamin Duranske — whose new book Virtual Law: Navigating the Legal Landscape of Virtual Worlds (ABA, April 2008) was just released — structures his post as a set of questions and answers on virtual law. He covers “the basics, and will illustrate the answers with links to a number of legal blogs, covering both real-world and virtual world legal issues.”

Schenectady attorney Brian Mercy evoked tears of joy earlier this week from a client who had been in jail since last August, but was released from a drug charge when the vehicle search was held to be warrantless and illegal. But, Brian wasn’t quite so lucky yesterday with another jail-house dwelling client. According to the print edition of today’s Schenectady Daily Gazette (”Man punches attorney during court appearance,” April 19, 2008, p. B2):

“A man facing a jail assault charge apparently didn’t like the plea offered to him Friday.

“Charles Ardley, 21 [street name “Murder”], who was being held at the Schenectady County jail since last fall, responded by punching his attorney in the face, officials said.

‘