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	<title>Comments on: whiny &#8220;family man&#8221; wants to be Family Court judge &#8212; and to copyright the slogan</title>
	<atom:link href="http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/feed/" rel="self" type="application/rss+xml" />
	<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/</link>
	<description>breathless punditry and one-breath poetry with David Giacalone</description>
	<lastBuildDate>Fri, 11 Sep 2009 18:58:52 -0400</lastBuildDate>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214441</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Tue, 06 Jan 2009 14:21:59 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214441</guid>
		<description>This discussion has gone on too long.  I think Kurt Mausert has had more than enough opportunity  to raise objections to anything I have said or not said (and has surely taken that opportunity more than enough times).  Nothing useful will be gained by continuing the back and forth.  So, I&#039;m going to take the unprecedented action of closing the Comment Section to remove temptation to continue with accusations and vitriol.  Readers are urged to start at the beginning of this posting and then go through the dozens of comments, should they want to come to any conclusions about the fairness or appropriateness of the discussion. 

It is worth pointing out, I think, that Kurt Mausert entered the public sphere by running for office.  When you run for an important office (and I believe Family Court judges play a very important role in their community), you need to be prepared for criticism of your campaign tactics and commentary about the public persona you present in the campaign.  In the context of political commentary, I believe the use of adjectives such as &quot;whiny&quot; and &quot;insipid,&quot; and of clipart depicting a mosquito, are well within the bounds of acceptable, and even &quot;civil&quot; punditry, editorializing, etc.  Some reasonable people would consider them to be rather tame.

Abraham Lincoln was no coward, and his &lt;a href=&quot;http://blogs.law.harvard.edu/ethicalesq/2005/02/20/learning-from-abes-thick-skin/&quot; rel=&quot;nofollow&quot;&gt;thick-skinned attitude toward criticism&lt;/a&gt; is, I believe, a wise and dignified example to be followed by those in the public eye -- both politicians and pundits. </description>
		<content:encoded><![CDATA[<p>This discussion has gone on too long.  I think Kurt Mausert has had more than enough opportunity  to raise objections to anything I have said or not said (and has surely taken that opportunity more than enough times).  Nothing useful will be gained by continuing the back and forth.  So, I&#8217;m going to take the unprecedented action of closing the Comment Section to remove temptation to continue with accusations and vitriol.  Readers are urged to start at the beginning of this posting and then go through the dozens of comments, should they want to come to any conclusions about the fairness or appropriateness of the discussion. </p>
<p>It is worth pointing out, I think, that Kurt Mausert entered the public sphere by running for office.  When you run for an important office (and I believe Family Court judges play a very important role in their community), you need to be prepared for criticism of your campaign tactics and commentary about the public persona you present in the campaign.  In the context of political commentary, I believe the use of adjectives such as &#8220;whiny&#8221; and &#8220;insipid,&#8221; and of clipart depicting a mosquito, are well within the bounds of acceptable, and even &#8220;civil&#8221; punditry, editorializing, etc.  Some reasonable people would consider them to be rather tame.</p>
<p>Abraham Lincoln was no coward, and his <a href="http://blogs.law.harvard.edu/ethicalesq/2005/02/20/learning-from-abes-thick-skin/" rel="nofollow">thick-skinned attitude toward criticism</a> is, I believe, a wise and dignified example to be followed by those in the public eye &#8212; both politicians and pundits.</p>
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		<title>By: Gideon</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214380</link>
		<dc:creator>Gideon</dc:creator>
		<pubDate>Mon, 05 Jan 2009 23:52:48 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214380</guid>
		<description>Also, I realize you haven&#039;t commented since 3:05pm. I&#039;m a bit late to this fete. So please, please don&#039;t use my comment as a reason to re-enter the ring. Just ignore it.</description>
		<content:encoded><![CDATA[<p>Also, I realize you haven&#8217;t commented since 3:05pm. I&#8217;m a bit late to this fete. So please, please don&#8217;t use my comment as a reason to re-enter the ring. Just ignore it.</p>
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		<title>By: Gideon</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214379</link>
		<dc:creator>Gideon</dc:creator>
		<pubDate>Mon, 05 Jan 2009 23:51:57 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214379</guid>
		<description>Kurt,

Here&#039;s another voice from this inconsequential blawgosphere (and I agree that it&#039;s inconsequential): you&#039;re not looking good. Quit, now. Bury this, let it go. Forget all about it and move on.

If you&#039;ve built your practice without caring what others think about you (and I don&#039;t doubt you have), why waste your time on this inconsequential blog? You&#039;ve said your piece.

Trust me, I&#039;ve been in your position; I know what it feels like when you can&#039;t let something go. But I&#039;ve learned the hard way that the harder I fight the worse I look. Which, I&#039;m afraid to report, is the case.

As Scott says, this is David&#039;s house. He lets us be here. Accept that and move on.</description>
		<content:encoded><![CDATA[<p>Kurt,</p>
<p>Here&#8217;s another voice from this inconsequential blawgosphere (and I agree that it&#8217;s inconsequential): you&#8217;re not looking good. Quit, now. Bury this, let it go. Forget all about it and move on.</p>
<p>If you&#8217;ve built your practice without caring what others think about you (and I don&#8217;t doubt you have), why waste your time on this inconsequential blog? You&#8217;ve said your piece.</p>
<p>Trust me, I&#8217;ve been in your position; I know what it feels like when you can&#8217;t let something go. But I&#8217;ve learned the hard way that the harder I fight the worse I look. Which, I&#8217;m afraid to report, is the case.</p>
<p>As Scott says, this is David&#8217;s house. He lets us be here. Accept that and move on.</p>
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		<title>By: shg</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214359</link>
		<dc:creator>shg</dc:creator>
		<pubDate>Mon, 05 Jan 2009 20:10:02 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214359</guid>
		<description>You assume too much and understand too little. You state that David&#039;s calling you whiny hurt your reputation, then claim you don&#039;t care what others think, then threatening lawsuits, then whining (and you are a horrible whiner) that being taught some blawgosphere etiquette violates your definition of &quot;a civil and intellectually honest approach?&quot; You are insufferable.

I don&#039;t defend David.  He can make you disappear any time he wants. You, dear Kurt, are the only one who doesn&#039;t get it, because you, dear Kurt, prefer to curse the darkness than light a candle.  

This is David&#039;s house, not yours. You are a guest, as am I. If I were David, I would throw you out the door for your behavior, though David is far kinder than me.</description>
		<content:encoded><![CDATA[<p>You assume too much and understand too little. You state that David&#8217;s calling you whiny hurt your reputation, then claim you don&#8217;t care what others think, then threatening lawsuits, then whining (and you are a horrible whiner) that being taught some blawgosphere etiquette violates your definition of &#8220;a civil and intellectually honest approach?&#8221; You are insufferable.</p>
<p>I don&#8217;t defend David.  He can make you disappear any time he wants. You, dear Kurt, are the only one who doesn&#8217;t get it, because you, dear Kurt, prefer to curse the darkness than light a candle.  </p>
<p>This is David&#8217;s house, not yours. You are a guest, as am I. If I were David, I would throw you out the door for your behavior, though David is far kinder than me.</p>
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		<title>By: kurt mausert</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214358</link>
		<dc:creator>kurt mausert</dc:creator>
		<pubDate>Mon, 05 Jan 2009 20:05:19 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214358</guid>
		<description>Scott--I looked at your blog.  We have had at least one organization in common--NYSACDL.  But of more interest to me is the gatekeeper phrase you use in regard to people posting comments on your blog:
 &quot;...please keep it civil and respectful.&quot;
  
   Do you think that the &quot;whining&quot; characterization, complete with the &quot;no mosquito&quot; cartoon was either civil or respectful.  If so, well...you and I have different ideas of what those words mean.  If you don&#039;t, why are you defending their author?  Why don&#039;t you advise David to adopt your own professed standards of being &quot;civil and respectful&quot;?  Or are fellow bloggers exempt and since I&#039;m not a member of that club I must live with a different standard?
KM</description>
		<content:encoded><![CDATA[<p>Scott&#8211;I looked at your blog.  We have had at least one organization in common&#8211;NYSACDL.  But of more interest to me is the gatekeeper phrase you use in regard to people posting comments on your blog:<br />
 &#8220;&#8230;please keep it civil and respectful.&#8221;</p>
<p>   Do you think that the &#8220;whining&#8221; characterization, complete with the &#8220;no mosquito&#8221; cartoon was either civil or respectful.  If so, well&#8230;you and I have different ideas of what those words mean.  If you don&#8217;t, why are you defending their author?  Why don&#8217;t you advise David to adopt your own professed standards of being &#8220;civil and respectful&#8221;?  Or are fellow bloggers exempt and since I&#8217;m not a member of that club I must live with a different standard?<br />
KM</p>
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		<title>By: kurt mausert</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214356</link>
		<dc:creator>kurt mausert</dc:creator>
		<pubDate>Mon, 05 Jan 2009 19:47:30 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214356</guid>
		<description>Scott--you speak as if the blawgosphere were of one mind when in fact it is composed of many individuals who each have their own opinions. In any case,  I haven&#039;t built my practice worrying about what others think about me.  If you have, then shame on you.  Lawyers should be made of sterner stuff than cowering in fear of public opinion.  Often, the majority of that opinion is wrong.
    As for the election--it was Saratoga County, not Schenectady.  In my county, no Democrat has ever been elected to the Family Court bench.  I pulled off a 42% showing at the polls with no prior political experience.  I&#039;m not at all embarrassed about that.
    Since you seem to want to educate me about bloggers and the psychology involved, can you please explain why someone who doesn&#039;t claim to be a journalist (David) feels free to write about a complete stranger in disparaging terms (come on Scott-- mosquito cartoon?--how old are we now?)
and then complains when that person defends himself?
     And I am not screaming, &quot;The other kid did it first.&quot; I am not doing what David did -- no cartoons from me--no misquotes or mischaracterizations against David.  I am defending myself.  You are an attorney.  You should know that self defense is allowed for in the law.  The law doesn&#039;t condemn both parties for using force--it only finds fault with the party who used it first and in an improper fashion.  There is nothing immature about self defense whether it is verbal or physical.
     I have proposed a means for this to end---David can stop writing about me.  The election is over--what&#039;s the point?  He can delete everything about me.  That would be great.  Why doesn&#039;t he?  Instead, finding himself &quot;frazzled&quot; again (?) he now has you to defend him.  And your method is to threaten me with the condemnation of the blawgoshere.  That&#039;s a civil and intellectually honest approach?
KM</description>
		<content:encoded><![CDATA[<p>Scott&#8211;you speak as if the blawgosphere were of one mind when in fact it is composed of many individuals who each have their own opinions. In any case,  I haven&#8217;t built my practice worrying about what others think about me.  If you have, then shame on you.  Lawyers should be made of sterner stuff than cowering in fear of public opinion.  Often, the majority of that opinion is wrong.<br />
    As for the election&#8211;it was Saratoga County, not Schenectady.  In my county, no Democrat has ever been elected to the Family Court bench.  I pulled off a 42% showing at the polls with no prior political experience.  I&#8217;m not at all embarrassed about that.<br />
    Since you seem to want to educate me about bloggers and the psychology involved, can you please explain why someone who doesn&#8217;t claim to be a journalist (David) feels free to write about a complete stranger in disparaging terms (come on Scott&#8211; mosquito cartoon?&#8211;how old are we now?)<br />
and then complains when that person defends himself?<br />
     And I am not screaming, &#8220;The other kid did it first.&#8221; I am not doing what David did &#8212; no cartoons from me&#8211;no misquotes or mischaracterizations against David.  I am defending myself.  You are an attorney.  You should know that self defense is allowed for in the law.  The law doesn&#8217;t condemn both parties for using force&#8211;it only finds fault with the party who used it first and in an improper fashion.  There is nothing immature about self defense whether it is verbal or physical.<br />
     I have proposed a means for this to end&#8212;David can stop writing about me.  The election is over&#8211;what&#8217;s the point?  He can delete everything about me.  That would be great.  Why doesn&#8217;t he?  Instead, finding himself &#8220;frazzled&#8221; again (?) he now has you to defend him.  And your method is to threaten me with the condemnation of the blawgoshere.  That&#8217;s a civil and intellectually honest approach?<br />
KM</p>
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		<title>By: shg</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214353</link>
		<dc:creator>shg</dc:creator>
		<pubDate>Mon, 05 Jan 2009 19:14:51 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214353</guid>
		<description>Ah Kurt. You sound like a 5 year old, stamping your feet and screaming, &quot;the other kid did it first.&quot;  

This is David&#039;s blog.  He doesn&#039;t owe you a soap box, though it has been fun to watch for a while, wondering how long it would take you to catch on.  Now that&#039;s clear you won&#039;t, it&#039;s just tedious.

Threatening litigation proves 3 things: the voters of Schectady got one thing right, you think more highly of your skills than others and you lack the discretion and temperament to ever sit as a judge.

Want to go after David (or me for that matter, and you need only click on my name to get all the information about me you need), start your own blog, rant away and see how many people care what you have to say.  Beyond that, I can&#039;t understand why David allows you to continue this idiocy any longer.

To the extent your reputation might be harmed, you&#039;ve already accomplished that on your own.  

Welcome to the blawgosphere, Kurt.  Push it any further and you may learn what the blawgosphere really thinks of you.</description>
		<content:encoded><![CDATA[<p>Ah Kurt. You sound like a 5 year old, stamping your feet and screaming, &#8220;the other kid did it first.&#8221;  </p>
<p>This is David&#8217;s blog.  He doesn&#8217;t owe you a soap box, though it has been fun to watch for a while, wondering how long it would take you to catch on.  Now that&#8217;s clear you won&#8217;t, it&#8217;s just tedious.</p>
<p>Threatening litigation proves 3 things: the voters of Schectady got one thing right, you think more highly of your skills than others and you lack the discretion and temperament to ever sit as a judge.</p>
<p>Want to go after David (or me for that matter, and you need only click on my name to get all the information about me you need), start your own blog, rant away and see how many people care what you have to say.  Beyond that, I can&#8217;t understand why David allows you to continue this idiocy any longer.</p>
<p>To the extent your reputation might be harmed, you&#8217;ve already accomplished that on your own.  </p>
<p>Welcome to the blawgosphere, Kurt.  Push it any further and you may learn what the blawgosphere really thinks of you.</p>
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		<title>By: kurt mausert</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214345</link>
		<dc:creator>kurt mausert</dc:creator>
		<pubDate>Mon, 05 Jan 2009 18:49:58 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214345</guid>
		<description>I had exited the situation.  I stopped writing.  Your buddy David started the ball rolling again with more bogus assertions. [See &lt;em&gt;Editor&#039;s Not&lt;/em&gt;e below]
    Yes, I am new to the blawgosphere.  But I am not new to practicing law.  Being a stalker means to act a predator.  It is someone pursuing another person with no provocation.  David began coming after me, not the other way around.  And he continued it after the dust settled by writing again on 11/5.
    Let e understand your advice--I am supposed to let David take all the shots he wants despite the fact that much of what he is saying isn&#039;t true and could damage my name?  And I am supposed to do this so that bloggers like yourself will think better of me?
    I have short list of people whose opinions I care about.  I don&#039;t even know your name (do bloggers have a phobia about signing their names--why the hiding?), but I&#039;m pretty sure you&#039;re not on it.  Go give some advice to david before this spills out from the &quot;blawgosphere&quot; and into a court of law.
Kurt Mausert

[&lt;em&gt;&lt;strong&gt;Ed. Note&lt;/strong&gt;&lt;/em&gt;: Kurt says that I caused his latest spurt of accusations and complaints (starting Jan.2, 2009, with Comment #23 above, and a &lt;a href=&quot;http://blogs.law.harvard.edu/ethicalesq/2008/10/28/wendy-and-windy/#comment-213809&quot; rel=&quot;nofollow&quot;&gt;comment&lt;/a&gt; at another post), by writing about him again and &quot;starting the ball rolling&quot; eight weeks earlier, on Nov. 5, 2008, the day after the election. My election coverage is at the very top of this post and Kurt responded to it on Nov. 5, 2008, in Comment 22.  I also wrote about Kurt Mausert &lt;a href=&quot;http://blogs.law.harvard.edu/ethicalesq/2008/10/28/wendy-and-windy/&quot; rel=&quot;nofollow&quot;&gt;in a post&lt;/a&gt; on October 28, 2008, with a brief update on November 5, 2008; here&#039;s what I said in that post:


&lt;blockquote&gt;Upset that f/k/a called him “whiny” and would not remove that word from our headline, and feeling that his positions were being distorted, lawyer Kurt Mausert spent much of the past few days assaulting the Editor (and even Scott Greenfield) instead of focusing on his campaign to become Family Court judge in Saratoga County, New York.  You can judge for yourself whether the mud he is slinging at us repaired his image or not. update (Nov. 5, 2008): As we report here, Mausert was defeated by Judge Hall, receiving about 42% of the vote.&lt;/blockquote&gt;

</description>
		<content:encoded><![CDATA[<p>I had exited the situation.  I stopped writing.  Your buddy David started the ball rolling again with more bogus assertions. [See <em>Editor's Not</em>e below]<br />
    Yes, I am new to the blawgosphere.  But I am not new to practicing law.  Being a stalker means to act a predator.  It is someone pursuing another person with no provocation.  David began coming after me, not the other way around.  And he continued it after the dust settled by writing again on 11/5.<br />
    Let e understand your advice&#8211;I am supposed to let David take all the shots he wants despite the fact that much of what he is saying isn&#8217;t true and could damage my name?  And I am supposed to do this so that bloggers like yourself will think better of me?<br />
    I have short list of people whose opinions I care about.  I don&#8217;t even know your name (do bloggers have a phobia about signing their names&#8211;why the hiding?), but I&#8217;m pretty sure you&#8217;re not on it.  Go give some advice to david before this spills out from the &#8220;blawgosphere&#8221; and into a court of law.<br />
Kurt Mausert</p>
<p>[<em><strong>Ed. Note</strong></em>: Kurt says that I caused his latest spurt of accusations and complaints (starting Jan.2, 2009, with Comment #23 above, and a <a href="http://blogs.law.harvard.edu/ethicalesq/2008/10/28/wendy-and-windy/#comment-213809" rel="nofollow">comment</a> at another post), by writing about him again and &#8220;starting the ball rolling&#8221; eight weeks earlier, on Nov. 5, 2008, the day after the election. My election coverage is at the very top of this post and Kurt responded to it on Nov. 5, 2008, in Comment 22.  I also wrote about Kurt Mausert <a href="http://blogs.law.harvard.edu/ethicalesq/2008/10/28/wendy-and-windy/" rel="nofollow">in a post</a> on October 28, 2008, with a brief update on November 5, 2008; here&#8217;s what I said in that post:</p>
<blockquote><p>Upset that f/k/a called him “whiny” and would not remove that word from our headline, and feeling that his positions were being distorted, lawyer Kurt Mausert spent much of the past few days assaulting the Editor (and even Scott Greenfield) instead of focusing on his campaign to become Family Court judge in Saratoga County, New York.  You can judge for yourself whether the mud he is slinging at us repaired his image or not. update (Nov. 5, 2008): As we report here, Mausert was defeated by Judge Hall, receiving about 42% of the vote.</p></blockquote>
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		<title>By: shg</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214344</link>
		<dc:creator>shg</dc:creator>
		<pubDate>Mon, 05 Jan 2009 18:37:24 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214344</guid>
		<description>I may be neither neutral nor reasonable, but I am quite familiar with the blawgosphere and how things work.  Kurt, you have gone fairly far off the charts in appearing like a blithering idiot.  I assume that isn&#039;t your intention, and that your attempt at haranguing David in your own defense is simply a grossly misguided effort to salvage some dignity from the embarrassment you feel.  It&#039;s not working. It will never work.

Here&#039;s the bottom line.  You now look like some nutty  cyberstalking, lacking the ability and discretion to let go, and making the rookie error of thinking the more you write, the stronger your stand, the better you look.  It just doesn&#039;t work that way, no matter how much you want to believe otherwise.  You clearly don&#039;t understand what you are doing to yourself.

David&#039;s original take on your whining was relatively inconsequential.  Your bizarre &quot;tough guy&quot; stance makes you look borderline psychotic.  If that&#039;s not what you are attempting to achieve, then it&#039;s time you came to the realization that your efforts are misdirected and simply drop them.  

David has a great deal of credibility as a blogger. You, as a commenter, have no credibility. As a loser for a judgeship, you have even less.  As a stalker, you not only have zero credibility, but are begging for a healthy dose of the Streisand Effect.  Google it if you don&#039;t know what that is.  

You are on the verge of learning what it means to be perceived in the blawgosphere as a psycho.  If this isn&#039;t you, then take a deep breath and go find some more productive way to spend your time.  You are doing yourself terrible harm by perpetuating this nonsense.  Discretion is the better part of valor.  Learn how to graciously exit a bad situation, and do so immediately.</description>
		<content:encoded><![CDATA[<p>I may be neither neutral nor reasonable, but I am quite familiar with the blawgosphere and how things work.  Kurt, you have gone fairly far off the charts in appearing like a blithering idiot.  I assume that isn&#8217;t your intention, and that your attempt at haranguing David in your own defense is simply a grossly misguided effort to salvage some dignity from the embarrassment you feel.  It&#8217;s not working. It will never work.</p>
<p>Here&#8217;s the bottom line.  You now look like some nutty  cyberstalking, lacking the ability and discretion to let go, and making the rookie error of thinking the more you write, the stronger your stand, the better you look.  It just doesn&#8217;t work that way, no matter how much you want to believe otherwise.  You clearly don&#8217;t understand what you are doing to yourself.</p>
<p>David&#8217;s original take on your whining was relatively inconsequential.  Your bizarre &#8220;tough guy&#8221; stance makes you look borderline psychotic.  If that&#8217;s not what you are attempting to achieve, then it&#8217;s time you came to the realization that your efforts are misdirected and simply drop them.  </p>
<p>David has a great deal of credibility as a blogger. You, as a commenter, have no credibility. As a loser for a judgeship, you have even less.  As a stalker, you not only have zero credibility, but are begging for a healthy dose of the Streisand Effect.  Google it if you don&#8217;t know what that is.  </p>
<p>You are on the verge of learning what it means to be perceived in the blawgosphere as a psycho.  If this isn&#8217;t you, then take a deep breath and go find some more productive way to spend your time.  You are doing yourself terrible harm by perpetuating this nonsense.  Discretion is the better part of valor.  Learn how to graciously exit a bad situation, and do so immediately.</p>
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		<title>By: kurt mausert</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214342</link>
		<dc:creator>kurt mausert</dc:creator>
		<pubDate>Mon, 05 Jan 2009 18:28:34 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214342</guid>
		<description>David--You can take my comment off and block them.  Do that and you will prove (at least in my mind) that you lack the courage of your convictions.  Remember--you started this .  You publicly attacked me.  Yes, I use the word &quot;attacked&quot; because you went beyond disagreement and into the land of insults and demeaning characterizations.  
   You tried to go point for point with me when I first began defending myself against your disparaging remarks.  You weren&#039;t successful.
    I was content to let things settle after the election.  You had to go and write a piece that stated: 

&quot;Upset that f/k/a called him “whiny” and would not remove that word from our headline, and feeling that his positions were being distorted, lawyer Kurt Mausert spent much of the past few days assaulting the Editor (and even Scott Greenfield) instead of focusing on his campaign to become Family Court judge in Saratoga County, New York.&quot; 

      I never &quot;assaulted&quot; you (unless you consider standing up for myself an assault against you.  And you had no basis to assert a &quot;fact&quot; about how much time I spent writing to you and claiming that I did this instead of focusing on my campaign.  I spent a few minutes of my time responding to your postings---I spent hours every day for months on my campaign.  You inference to the contrary is inaccurate and demeaning.
 
   You claim to want to be rid of me--so why do you keep taking cheap, inaccurate shots at me?  Do you expect me to let you smear my name without replying?

   It is very simple---I am not even going to ask you for an apology since I don&#039;t think enough of you to believe you would offer one--if you want me to go way, then stop writing about me.  Otherwise, I will continue to respond.  Block my responses and I think your &quot;objective reader&quot; could view that as an act of  a coward.</description>
		<content:encoded><![CDATA[<p>David&#8211;You can take my comment off and block them.  Do that and you will prove (at least in my mind) that you lack the courage of your convictions.  Remember&#8211;you started this .  You publicly attacked me.  Yes, I use the word &#8220;attacked&#8221; because you went beyond disagreement and into the land of insults and demeaning characterizations.<br />
   You tried to go point for point with me when I first began defending myself against your disparaging remarks.  You weren&#8217;t successful.<br />
    I was content to let things settle after the election.  You had to go and write a piece that stated: </p>
<p>&#8220;Upset that f/k/a called him “whiny” and would not remove that word from our headline, and feeling that his positions were being distorted, lawyer Kurt Mausert spent much of the past few days assaulting the Editor (and even Scott Greenfield) instead of focusing on his campaign to become Family Court judge in Saratoga County, New York.&#8221; </p>
<p>      I never &#8220;assaulted&#8221; you (unless you consider standing up for myself an assault against you.  And you had no basis to assert a &#8220;fact&#8221; about how much time I spent writing to you and claiming that I did this instead of focusing on my campaign.  I spent a few minutes of my time responding to your postings&#8212;I spent hours every day for months on my campaign.  You inference to the contrary is inaccurate and demeaning.</p>
<p>   You claim to want to be rid of me&#8211;so why do you keep taking cheap, inaccurate shots at me?  Do you expect me to let you smear my name without replying?</p>
<p>   It is very simple&#8212;I am not even going to ask you for an apology since I don&#8217;t think enough of you to believe you would offer one&#8211;if you want me to go way, then stop writing about me.  Otherwise, I will continue to respond.  Block my responses and I think your &#8220;objective reader&#8221; could view that as an act of  a coward.</p>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214340</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Mon, 05 Jan 2009 17:42:01 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214340</guid>
		<description>Kurt, You make the mistake of thinking you have a right to leave a comment at this website.  You do not.  I have every right to delete every word you&#039;ve written and block your from leaving more.  I haven&#039;t so far, because I don&#039;t mind your stating your facts and conclusions in a civil manner.  You&#039;ve gone past that and are getting rather repetitious. 

When I fail to &quot;debate&quot; someone at my website, it is usually because I believe that our positions can be judged directly by readers, or that the point made is not worthy of response (either due to be off point or just off). At other times, it is because my health condition requires that I stay out of the fray.  

Meanwhile, I refuse to go point by point through your litany of complaints.  And, I continue to believe that a neutral, reasonable person who read my original post and our discussion in the comment section would think that you&#039;re doing yourself more harm than good by continuing this discussion and repeating all your points again and again.</description>
		<content:encoded><![CDATA[<p>Kurt, You make the mistake of thinking you have a right to leave a comment at this website.  You do not.  I have every right to delete every word you&#8217;ve written and block your from leaving more.  I haven&#8217;t so far, because I don&#8217;t mind your stating your facts and conclusions in a civil manner.  You&#8217;ve gone past that and are getting rather repetitious. </p>
<p>When I fail to &#8220;debate&#8221; someone at my website, it is usually because I believe that our positions can be judged directly by readers, or that the point made is not worthy of response (either due to be off point or just off). At other times, it is because my health condition requires that I stay out of the fray.  </p>
<p>Meanwhile, I refuse to go point by point through your litany of complaints.  And, I continue to believe that a neutral, reasonable person who read my original post and our discussion in the comment section would think that you&#8217;re doing yourself more harm than good by continuing this discussion and repeating all your points again and again.</p>
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		<title>By: kurt mausert</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214334</link>
		<dc:creator>kurt mausert</dc:creator>
		<pubDate>Mon, 05 Jan 2009 17:07:06 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214334</guid>
		<description>David--my family, friends, and other attorneys I know are proud of me.  One of the things they like about me is that I don&#039;t turn tail and run away from people abusing their power---like you.  Yes, you have power.  You have a blog with a readership.  Not only that, but other site have picked up your blog and republished your &quot;work&quot;.
     You want to talk about objective?  Here are the objective facts: 
     You began writing about me without interviewing me.  You began with name calling (&quot;whiny&quot;) and with a silly cartoon of a mosquito.  You focused on the difference between trademark and copyright rather than my basic complaint, i.e. the lack of fairness exhibited by my opponent.
     When called upon to debate without unnecessary insults and cartoonish characterizations, you complained that you were &quot;frazzled&quot; by me and refused to address the issue of your arguably immature approach to covering the issues.  
     You passed public judgment on my &quot;judicial temperament&quot;, accused me of using an &quot;insipid&quot; slogan, falsely claimed that I had &quot;insulted&quot; my opponent, and attacked the manner in which I was running my campaign.
     When I took issue with your sweeping judgments (let&#039;s keep in mind that you have never met me, you don&#039;t know me, and you wrote your gross generalizations about my personality without ever speaking to me), you complained that I wasn&#039;t being civil.
     This is a bit like a mugger complained that his intended victim is fighting back unfairly.  You attacked me.  You did so in what I consider to be an unfair and immature manner.  I responded.  But because I&#039;m not playing by your rules, you are telling me to go away.
     No, David.  I won&#039;t go away.  As long as you continue to write about me and leave your half truths and subjective condemnations of me on the web for all to see, I will defend myself.  It seems that it is your turn to whine.  You picked on the wrong guy this time.
Kurt Mausert</description>
		<content:encoded><![CDATA[<p>David&#8211;my family, friends, and other attorneys I know are proud of me.  One of the things they like about me is that I don&#8217;t turn tail and run away from people abusing their power&#8212;like you.  Yes, you have power.  You have a blog with a readership.  Not only that, but other site have picked up your blog and republished your &#8220;work&#8221;.<br />
     You want to talk about objective?  Here are the objective facts:<br />
     You began writing about me without interviewing me.  You began with name calling (&#8221;whiny&#8221;) and with a silly cartoon of a mosquito.  You focused on the difference between trademark and copyright rather than my basic complaint, i.e. the lack of fairness exhibited by my opponent.<br />
     When called upon to debate without unnecessary insults and cartoonish characterizations, you complained that you were &#8220;frazzled&#8221; by me and refused to address the issue of your arguably immature approach to covering the issues.<br />
     You passed public judgment on my &#8220;judicial temperament&#8221;, accused me of using an &#8220;insipid&#8221; slogan, falsely claimed that I had &#8220;insulted&#8221; my opponent, and attacked the manner in which I was running my campaign.<br />
     When I took issue with your sweeping judgments (let&#8217;s keep in mind that you have never met me, you don&#8217;t know me, and you wrote your gross generalizations about my personality without ever speaking to me), you complained that I wasn&#8217;t being civil.<br />
     This is a bit like a mugger complained that his intended victim is fighting back unfairly.  You attacked me.  You did so in what I consider to be an unfair and immature manner.  I responded.  But because I&#8217;m not playing by your rules, you are telling me to go away.<br />
     No, David.  I won&#8217;t go away.  As long as you continue to write about me and leave your half truths and subjective condemnations of me on the web for all to see, I will defend myself.  It seems that it is your turn to whine.  You picked on the wrong guy this time.<br />
Kurt Mausert</p>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214165</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Sun, 04 Jan 2009 19:35:20 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214165</guid>
		<description>Kurt, I do not think an objective reader would agree with your conclusions, but I have given you plenty of space to state your facts and views.  Now, before you further harm your reputation with even more whining, carping, threats, insults and bad legal analysis, please go away.  Instead, use your time and energy to make your family, clients and profession proud of you.</description>
		<content:encoded><![CDATA[<p>Kurt, I do not think an objective reader would agree with your conclusions, but I have given you plenty of space to state your facts and views.  Now, before you further harm your reputation with even more whining, carping, threats, insults and bad legal analysis, please go away.  Instead, use your time and energy to make your family, clients and profession proud of you.</p>
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	<item>
		<title>By: kurt mausert</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214163</link>
		<dc:creator>kurt mausert</dc:creator>
		<pubDate>Sun, 04 Jan 2009 19:17:53 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214163</guid>
		<description>PPS--You don&#039;t have to make the overt claim of being a journalist--by publishing (whether electronically or otherwise) and writing what appears to be &quot;news&quot; &amp; opinion, you have set yourself up as a journalist.  Writing about people in a public forum gives you immense power.  You have used that power in regard to me in what I consider an irresponsible manner.</description>
		<content:encoded><![CDATA[<p>PPS&#8211;You don&#8217;t have to make the overt claim of being a journalist&#8211;by publishing (whether electronically or otherwise) and writing what appears to be &#8220;news&#8221; &amp; opinion, you have set yourself up as a journalist.  Writing about people in a public forum gives you immense power.  You have used that power in regard to me in what I consider an irresponsible manner.</p>
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		<title>By: kurt mausert</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214162</link>
		<dc:creator>kurt mausert</dc:creator>
		<pubDate>Sun, 04 Jan 2009 19:15:44 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214162</guid>
		<description>PS--Maybe next time, you&#039;ll be a little more cautious about who you try to publicly ridicule.</description>
		<content:encoded><![CDATA[<p>PS&#8211;Maybe next time, you&#8217;ll be a little more cautious about who you try to publicly ridicule.</p>
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		<title>By: kurt mausert</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2008/09/05/whiny-family-man-wants-to-be-family-court-judge-and-to-copyright-the-slogan/comment-page-1/#comment-214161</link>
		<dc:creator>kurt mausert</dc:creator>
		<pubDate>Sun, 04 Jan 2009 19:07:01 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/ethicalesq/?p=9884#comment-214161</guid>
		<description>David--You began this conversation by calling me names--&quot;whiny&quot;, complete with a silly cartoon mocking me.  You continued by misrepresenting my views and failing to report all the relevant details of the story, I asked repeatedly for a discourse that was free of name calling.  You responded with the false complaint that I had &quot;assaulted&quot; you and another false assertion that I was devoting most of my time to this exchange rather than on my campaign.
     Now it is you are being &quot;whiny&quot;.  If you can&#039;t take the heat, get out of the kitchen.  You want me to stop writing? Then stop writing about me.  You last post was inaccurate, made false allegations, and was incomplete.  I responded.  I will continue to do so as long as your write about me.
    If you want to delete everything about me on your blog (and I do mean EVERYTHING), that is fine with me.  But if you leave comments that you wrote about me up and/or post new ones while refusing to allow me to defend myself, I will seriously look at my litigation options.  Your choice.
    You should turn some of your scrutiny on yourself---you inaccurate &quot;reporting&quot; complete and your &quot;style&quot; which incorporates bad cartoons and name calling is what you should be worrying about.  
Sincerely,
 Kurt Mausert</description>
		<content:encoded><![CDATA[<p>David&#8211;You began this conversation by calling me names&#8211;&#8221;whiny&#8221;, complete with a silly cartoon mocking me.  You continued by misrepresenting my views and failing to report all the relevant details of the story, I asked repeatedly for a discourse that was free of name calling.  You responded with the false complaint that I had &#8220;assaulted&#8221; you and another false assertion that I was devoting most of my time to this exchange rather than on my campaign.<br />
     Now it is you are being &#8220;whiny&#8221;.  If you can&#8217;t take the heat, get out of the kitchen.  You want me to stop writing? Then stop writing about me.  You last post was inaccurate, made false allegations, and was incomplete.  I responded.  I will continue to do so as long as your write about me.<br />
    If you want to delete everything about me on your blog (and I do mean EVERYTHING), that is fine with me.  But if you leave comments that you wrote about me up and/or post new ones while refusing to allow me to defend myself, I will seriously look at my litigation options.  Your choice.<br />
    You should turn some of your scrutiny on yourself&#8212;you inaccurate &#8220;reporting&#8221; complete and your &#8220;style&#8221; which incorporates bad cartoons and name calling is what you should be worrying about.<br />
Sincerely,<br />
 Kurt Mausert</p>
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