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

November 14, 2008

a Friday quickie from a sleepy editor

Filed under: Haiku or Senryu,q.s. quickies,Schenectady Synecdoche — David Giacalone @ 1:44 pm

.. There’s been more action since we wrote about the Schenectady Daily Gazette cracking down on local internet forums that were infringing on its copyright (by posting entire articles and not even linking to the article). The Gazette says linking to them with a summary and short quote is fine, but lifting the whole article or editorial goes too far.  Yesterday, Pat Zollinger, Administrator of the local internet forum The Unadulterated Schenectady, received the official desist letter from the Gazette’s lawyer, Michael J. Grygiel of the Albany office of Hiscock & Barclay. Click to see the Letter.   You’ll find a Comment from Pat and my response below.

At Pat’s Schdy.Info and at the Rotterdam Internet forum, there is a lot of talk that this whole crackdown is political, and Schenectady’s Mayor Brian U. Stratton is behind it.  For the reasons given in my response below and my reply at the Rotterdam Forum, I disagree.  Of course, we don’t have all the facts and aren’t all that good at reading minds.

Request for Copyright Experts and other Opinionated Lawyers:  In another Comment submitted around 1 PM today, Pat Zolliner disagrees with my assessment that her repeatedly posting entire articles from the Gazette goes beyond Fair Use and is copyright infringement.  She says “And I dare to say, David, that even though you are positive that I am infringing on copyright, there will be other lawyers who would interpret it differently.”  I invite legal minds with an opinion on this matter to express it in the Comment Section of our prior post.

a long day–
the dog and the crow
quarreling

… by Kobayashi Issa, translated by David G. Lanoue

For years, The Mainichi Daily News (an English-language Japanese newspaper) offered a selection of about a dozen haiku every month, some of which we’ve shared here.  Although that feature apparently ended last August, Mainichi now presents a Daily Haiku.

With Tinywords.com silent since last June (when it ended with a Roberta Beary classic), you might want to bookmark the Mainichi Daily Haiku page, for a small haiku surprise each morning.

Today’s Mainichi selection is by our friend Ed Markowski:

drought
the well digger wrings out
his t-shirt

…… ed markowski – Mainichi News Daily Haiku Nov. 14, 2008

Here’s Ed’s last poem chosen for Tinywords.com:

prairie sunset
the glow of the cattleman’s
branding iron

… ed markowski – Tinywords.com (May 9, 2008)

And, I just discovered today that Issa is now on Twitter.  You can get a classic poem from the Japanese Master Kobayashi Issa everyday on Twitter, translated by Haiku Guy David G. Lanoue.  Except that they all come out as one-liners, tiny poems are a fine match for Twitter’s tiny format.  Here’s today’s Issa on Twitter:

people scatter like ants… the lark sings

-Issa, 1814

November 13, 2008

apply for this!

Filed under: Haiga or Haibun,q.s. quickies — David Giacalone @ 11:45 am

? . . . Finally, my having CFS seems like an advantage: It’s kept me from even thinking about seeking a job with the Obama Administration (like those surely opening at the Justice Department) — and, therefore, kept me from having to answer the questionnaire they’ve cooked up for high-level job applicants. The New York Times says today that those seeking cabinet and other high-ranking posts face what appears to be “the most extensive — some say invasive — application ever.”

In “For a Washington Job, Be Prepared to Tell All” (NYT, Nov. 13, 2008) we’re told:

“The questionnaire includes 63 requests for personal and professional records, some covering applicants’ spouses and grown children as well, that are forcing job-seekers to rummage from basements to attics, in shoe boxes, diaries and computer archives to document both their achievements and missteps.

” . . . They must include any e-mail that might embarrass the president-elect, along with any blog posts and links to their Facebook pages.”

..

Gee, have I ever said anything at my weblog or in an email that might embarrass myself or the President-elect?  Where would I start?  At least I never used any “aliases or ‘handles’ . . . to communicate on the Internet” (other than my f/k/a alter egos like Prof. Yabut and ethicalEsq) and never leave anonymous comments — or, would anonymity have come in handy about now?

How would Pres-e Obama feel about: My reaction to his staff’s politically-correct response to the New Yorker Cover; or my general aversion to the over-played sexism card, and to the Left’s neo-puritanism?  (Was I too tough a few years ago on Lani Guinier? Last year on Hillary Clinton?)  Can Barack take a little constructive criticism from a supporter who hopes he lives up to his own highest ideals? (E.g., my complaints over his dodge on speed limits and his on-going failure to mention the poor)  I think he can, but I’m not as confident about his transition team.

There are so many other questions, my remaining brain synapses are going on overload.  I mean:

cuckoo
what did you forget?
retracing steps

ISSA, translated by David G. Lanoue

Emails? Despite my writings and musing over Prof. Solove’s book The Future of Reputation: Gossip, Rumor, and Privacy on the Internet (2007), there are quite a few emails (mostly baring my soul about life’s travails), I’d love to take back. I don’t think they’d embarrass the new administration half as much as they’d embarrass me, but you never know how risk-adverse they’re gonna be.

empty bottle
a few words
I would like to take back

…… by John Stevenson – Quiet Enough (2004)

There’s a part of me that would love to get back to the work force (and to Washington, DC) in order to help Barack Obama bring about needed change in how our government works and how citizens and their government interact.  Having used my Harvard Law Degree in very different ways than Sen. Obama (from regulatory work for consumers and competition, to children’s advocacy, to divorce mediation), and having earned and lost quite a few extra gray hairs, while spending the last decade of “disability” living at the poverty level, I’d bring a rather unique perspective to service in his Administration. But, . . .

No matter how willing my spirit may be, my body is too weak to fill out the application, much less handle a job that surely would require 60+ hours a week dedication.  I’m not worried about conflicts of interest, nor about any nefarious past deeds.  But, after a lifetime speaking my mind, and five years doing it in public on this weblog, there might just be too many verbal skeletons for the new President to worry about.  And, biting my tongue for eight years would considerably weaken my communication skills.  It looks like I’m going to have to serve Barack Obama from the outside, and apply myself here at my home office.

afterwords ((Nov. 15, 2008): TaxProf Paul Caron says “There goes my job in the Obama Administration;” via Overlawyered)

digital age
aging digits
on the keyboard

……………………. by dagosan

November 12, 2008

portable tvs and the switch to digital broadcasts

Filed under: Haiku or Senryu,Procrastination Punditry — David Giacalone @ 10:20 pm

.. ..  Haier HLT71 7″ Portable Lcd Tv ($120 to $150) — this little digital tv is the Hottest Item around these days.  Indeed, it’s Out of Stock everywhere — from FadFusion, to Buy.com. Amazon.com says this product is its #1 seller this week in the category Electronics – Portable TVs, but states that it “usually ships in 3 to 4 weeks,” which means they really don’t have any right now either.  What’s going on?

The f/k/a Gang is known more for Consumer Advocacy than Consumer Buying Tips, but I just had to remark about the current portable DTV market.  It looks like electronics manufacturers and sellers failed to anticipate the huge demand for portable digital televisions that would be created by the switch to digital broadcasting, which will happen on February 17, 2009.  If your portable tv doesn’t have a digital tuner and isn’t hooked up to cable or satellite, it will soon be a great paperweight, unless you get a converter box and a bi-pole antenna. They’re probably on the Holiday Wish List of a lot of daddies and kids — especially since higher-priced items may be out of reach of a lot of Santas in our current economy.

As the folks at Trailer Life Magazine exclaimed:

“[M]ost battery-powered portable televisions typically have a built-in telescopic antenna, which means they won’t work anymore unless you hook it up to an external antenna and a digital-to-analog converter to the external antenna adapter, meaning they won’t be quite as portable anymore.”

— a typical 5″ B&W analog tv —

Indeed, I’ve been thinking it would be nice to have a 6- or 7″-inch dtv, to replace the 5″ B&W model I’ve got sitting on my kitchen counter, near where I prepare meals and wash dishes.

My cheapo portable cost about $20 (maybe $10 after a RiteAid rebate) and has one of those telescopic antennas.  I’ve been thinking (and telling folks) that this type of tv can’t be hooked up to an analog-to-digital converter box, because they need to be connected to an external antenna.  However, yesterday I noticed my little Coby 5-incher has a jack on the rear that says “Ext. Ant.”   Then, I dug up a manual from one of its predecessors, a very similar GPX model, and it said:

“An external antenna may be connected to the unit using the Antenna Pad. Attach 300-ohm twinlead wire from your antenna to the screw-terminals on the Antenna Pad. Plug the Antenna Pad into the External TV Antenna Jack on the rear of the unit.”

[A so-called Antenna Pad] 

Digging around in the basket where I store various “kept-just-in-case” connectors and cables that currently have no use, I found the Antenna Pad mentioned in the GPX manual.  Since I’m still procrastinating on a rather painful posting about value billing, that got me heading right over to WalMart this morning, where I picked up a Philips indoor antenna for $9.96.

I chose the Philips SDV2210/17 over the $8.96 antenna from RCA, because it came with something called a 75/300 ohm Transformer, which would let me connect the antenna’s coaxial cable to the Antenna Pad for insertion into the tv’s Ext. Ant. Jack. (Should you need one, the connector is available separately for about 4 bucks, e.g., here.)

Yep, things were getting pretty exciting.  Next, I finally took the analog-to-digital converter box I bought three months ago for maybe $10 (after applying my $40 Government Coupon) out of its packaging.  After hooking the antenna to the box and the box to the tv’s External Antenna Jack — and after several bouts of cursing and failed attempts at tuning in the channels — I did it: I’m getting a pretty nice digital b&w picture on about 18 over-the-air digital channels, from my cheap old 5″ kitchen-counter tv.  And, the conversion cost me about $20 total.

Knowing I saved money and will be ready for the switchover on February 17 gives me a nice warm feeling on the chilly, damp evening, and the extra channels and clearer picture are a nice bonus.

.. .. my successful analog to digital conversion, nestled atop my microwave . .

So, who the heck needs the Haier HLT71 7″ Portable Lcd Tv?  Of course, being a gracious gift-recipient, I will grin and bear it if Mama G or some other loved ones happens to slip a Haier HLT71 under my Christmas tree.

After this little tangent around my kitchen, we could use some haiku and senryu from our haijin chronicler of all things domestic, Tom Clausen.  These are from the Route 9 Haiku Group’s latest issue of Upstate Dim Sum:

well worn
the lowest branch
at school

misplaced again
the address
for my gypsy niece

Gettysburg —
a different motel
this time

my daughter growing . . .
closer and closer
to the mirror

offset from its stain
a rusted washer
on the boat’s desk

retirement home —
seagulls lined up
on the jetty

to upgrade
his iPhone
the young beggar

baby rabbit
not scared
enough . . .

for the day
the cat favors
a paper bag

thunder and lightning . . .
my wife gets up
to lock the door

.. by Tom Clausen – Upstate Dim Sum (2008/II)

November 11, 2008

brains and brainos

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 12:17 pm

Last May, I fretted that my friend, the lawyer-poet Roberta Beary, often sends me links to articles about unhappy and depressed lawyers (and sleep deficits, too). Such referrals often make me worry a bit about my image. Similarly, my weblog buddy Stephanie West Allen of Idealawg apparently thinks about me whenever she reads or writes about deteriorating Baby Boomer Brains, which she calls neuroboomeritis.  That association probably started when I wrote the post “peridementia and the aging knowledge worker” in June 2005. But, it could be based on the garbled messages she occasionally gets from me (at times when my friend Laurie Hyde Smith says I’m writing/typing in Martian, due to fatigue).

Or, Stephanie might have just been reading my foggy mind, when she emailed me yesterday about her latest posting on the subject — “Worrying about your brain sliding into cognitive decline?: Here are ways to sharpen your lawyer brain” (Idealawg, Nov. 10, 2008).  Did she know (or notice at this weblog), for instance, that lately I keep typing words totally different from the one I meant to write?  They’re not typos but Brainos. My fingers and brain produce misplaced, irrelevant words — usually starting with the same letter as the word I intended.  Because spell-check doesn’t catch them, and I’m a lousy proofreader, this is perilous behavior for someone who writes and posts in public.

Stephanie is far more optimistic than I that we can do much to delay Boomer Braino Syndrome, much less reverse the declining cognitive skills that come with the aging process.  She especially believes that physical and mental exercises can help. See, e.g., her post on “Improving your lawyer brain and mind” (October 18, 2008), and last January’s report on a new Brain Gym in San Franciso, called vibrantBrains™.  Luckily, at least one of my f/k/a Gang persona is optimistic enough to keep hoping for a cure.  So, we were pleased to learn from Stephanie’s October piece that new research suggests “exercise keeps brains from deteriorating,” with the researchers concluding:

“We can safely argue that an active lifestyle with moderate amounts of aerobic activity will likely improve cognitive and brain function, and reverse the neural decay frequently observed in older adults.”

Yesterday’s post at Idealawg continues that theme:

“So what keeps some brains younger than their chronology? Experts point to a prescription of neurobics. This concept includes life-long learning, trying new things, a healthy diet, social interactions, sleep and physical activity. ‘Exercise can actually increase neurogenesis and increase the size of the hippocampus,’ says Dr. [Vincent] Fortanasce, … . ‘Exercise also increases youth hormones. And novelty, doing new things, builds branches.'”

Let’s hope they’re right and Boomers get the message and act on it.  On the other hand, younger readers better not get too complacent.   This morning, I found the following blurb in Harvard Magazine‘s latest The College Pump column (“Oddments,” Nov-Dec. 2008):

Warnings: Affixed to the door of the office of professor of economics Andrei Shleifer on the second floor of Littauer Center is a news clipping headlined “Brain aging found to start at 40.” The piece reports on the work of Bruce Yankner, professor of pathology and neurology at Harvard Medical School, who is investigating how human brains change between ages 26 and 106. “If you are more than 40 years old,” it reads, “the news may not be good.”

By the way, whether you’re concerned or thrilled that “During the past few decades, a mounting body of evidence has shown that animals possess a number of cognitive traits once thought to be uniquely human,” you might find the article “What Makes the Human Mind?” (Harvard Magazine, Nov.-Dec. 2008) interesting.  It explores the work of professor of psychology, organismic and evolutionary biology, and biological anthropology Marc Hauser, who has written widely on human and animal cognition. Hauser has attempted to isolate the aspects of human thought that account for what he terms “humaniqueness.”  There’s some good discussion, with this summary of “the distinguishing characteristics of human thought” — four broad capacities animals do not appear to have:

“These include: the ability to combine and recombine different types of knowledge and information in order to gain new understanding; the ability to apply the solution for one problem to a new and different situation; the ability to create and easily understand symbolic representation of computation and sensory input; and the ability to detach modes of thought from raw sensory and perceptual input.”

“Across the board, Hauser says, there are signs that animal evolution passed along some capabilities ‘and then something dramatic happened, a huge leap that enabled humans to break away. Once symbolic representation happened, if the combinatorial capacity was there, things just took off. Precisely how and when this happened, we may never know’.”

Okay, enough punditry.  It’s time for some poetry. My friend John Stevenson turned 60 last month, but appears to have all his mental faculties intact — perhaps because of all that kayaking and hiking, plus acting, writing, etc., he does.  Here are a few haiku from the latest issue of Upstate Dim Sum (2008/II), which appear to speak of journeys and passages.

free of details
the full moon
from a train window

seated between us
the imaginary
middle passenger

Shoo Fly Pie
a place where I always stop
when I’m out this way

looking both ways
I find
the sun

I tighten the belt
to my son’s car
Father’s Day

[Frogpond, Volume 31:3 (Fall 2008)]

after the play
my grown son tells me
I was good

. . . by John Stevenson – Upstate Dim Sum (2008/II)

p.s. Dr. Fortanasce recommends “novelty, doing new things” to build new cognitive branches.  John’s been doing just that, writing “one-breath” poems that don’t even seem like haiku or senryu to some of us old fogeys.  Here are two for your consideration:

still committed to the truth
but so tired of
winter poems

dust devil on a dead planet

…. by John Stevenon
“still committed” – Frogpond Vol. 31:2; UDS 2008/II [Ed. Note: a rare double-tell-em]
“dust devil” – Roadrunner (Vol. 8:3)

November 9, 2008

Stockade-athon 2008 passes by

Filed under: Schenectady Synecdoche — David Giacalone @ 12:44 pm

[updates: Click for Stockade-athon 2009 photos; and more from Stockade-athon 2010]

.. runners in the 33rd Annual Stockade-athon pass the 9 Front St. “Blockhouse” ..

This morning, the annual Stockade-athon took place here in Schenectady. It’s called the “oldest major 15K road race in the USA” (by Schenectadians, at least).  Over 1300 runners signed up to participate this year.  As always, the course for the 33rd Annual version of the 15K event starts and ends at our Central Park, and a segment goes right through my Stockade neighborhood. [The Schenectady Gazette has an interactive map of the race route.]

I’ll have a few more photos and comments after lunch and a nap (or two).

jogging
just past the church
I clean my glasses

.. by Tom Clausen from Upstate Dim Sum (2003/I)

update (2 PM):  The Gazette has the results here. (and see “Mort handily wins Stockade-athon,” Nov. 10, 2008, with its Photo Gallery): Highlights:

  • Emory Mort, 25, of Ghent, was the first over the finish line, completing the 15-kilometer [9.3-mile] course through the city in 47:52
  • The women’s winner was Kaitlin O’Sullivan, 23, of Syracuse, who crossed the finish line in 55:51
  • Masters division winners were Jeff Niedeck of Canaan, Conn., in 52:03 and 1998 and 2001 women’s overall champion Emily Bryan of Schenectady in a record women’s masters time of 57:24.

Speaking of the Masters Division, these guys didn’t win, but they had a lot more heart than yours truly, the curbside photographer:

….. unidentified Stockade-athon runners on Front St.

The police escort car can be seen passing Lawrence the Indian at Front and N. Ferry Sts., behind two of the last runners (a few stragglers came walking by thereafter, bless their hearts and legs):

Boo! Despite plenty of publicity about restricted traffic, along with the protests of the traffic monitor, a trio of vehicles led by the lady in this Ford SUV insisted on driving up the narrow portion of Front St. from Washington Ave to Church Street, while it was still filled with runners.  Many of the runners were quite vocally (and righteously) angry.

… pushy drivers on Front St.

Finally, the last of the Stockade-athon traffic control workers strolls past a rather indifferent Lawrence the Indian, leaving the Stockade in a quiet autumnal bliss on a sunny Sunday afternoon.

15K race —
legs and arms ache
on the old photographer

…… by dagosan

. . . share this posting with this Tiny URL: http://tinyurl.com/fkaStockadeathon2008 . . .

November 8, 2008

Copyright, Cook & Cuomo (Warnings, Wendy & Wind)

Filed under: q.s. quickies,Schenectady Synecdoche — David Giacalone @ 6:58 pm

.. three stories from around my town . .

Copyright and Community Message Boards: To be honest, I’m surprised it took them so long.  This week, our local newspaper, the Schenectady Gazette, sent demands to stop copyright infringement to two popular community message boards that have for years been posting several Gazette articles a day in their entirety (with attribution and a link to the Gazette homepage, but no direct link to the article). One internet community focuses primarily on Schenectady and the other on our major suburb Rotterdam, NY.  They both have lively discussion on public issues every day.

update (Nov. 14, 2008): Yesterday, Pat Zollinger, Administrator of the local internet forum The Unadulterated Schenectady, received the official desist letter from the Gazette‘s lawyer, Michael J. Grygiel of the Albany office of Hiscock & Barclay. Click to see the Letter.   You’ll find a Comment from Pat and my response below.

At Schdy.Info and at the Rotterdam Internet forum, there is a lot of talk that this whole crackdown is political, and Schenectady’s Mayor Brian U. Stratton is behind it.  For the reasons given in my response below and my reply at the Rotterdam Forum, I disagree.  Of course, we don’t have all the facts and aren’t all that good at reading minds.

At their Editors’ Notebook weblog, the Gazette Managing Editor Judy Patrick, posted an explanation titled “Link to us” on Thursday (Nov. 6, 2008).  It gives the hard-to-believe impression that Gazette editors were somehow never aware of the full-article postings at the message boards until reporter Justin Mason referred to one of them this week.   After praising the robust discussion at the internet fora, Patrick says:

“We at The Gazette like our articles to generate public discussion anywhere: in diners, on private message boards or here on our own Web site. But please remember that our stories are protected by copyright and posting them in their entirety without our permission violates that copyright.”

She correctly states that Fair Use rights do not cover such posting [to learn more see the useful set of Frequently Asked Questions about Copyright and Fair Use, from The Chilling Effects Clearinghouse; or see my 2006 post at SHLEP for more links and discussion, or my piece on Haiku and Fair Use].  The Gazette editor then suggests an alternative that this weblog and millions of others regularly practice:

“Posting our entire stories is not fair use of our copyrighted work. We don’t object when sites summarize one of our stories and then provide a direct link to the actual story on our Web site. That’s become a fairly standard way bloggers refer to published works. People who want to read the whole story are provided a quick and easy way to reach it. That sends readers to our Web site, which is important to us, but as well allows them to return to the original site.

. . By regularly posting a variety of Gazette articles in their entirety, the community sites probably do deprive the Gazette of some news-stand and at-home purchases, and certainly deter click-throughs to the Gazette website, which help attract advertisers.  Patrick is correct on the law, but whether this copyright crackdown is worth the bad will being created in the community is questionable.  She tries to explain:

“We are not a big corporation trying to stifle public comment; we are a small, family-owned newspaper trying to safeguard our intellectual property.”

I’m not sure how the two community message boards are going to react.  The Rotterdam site initially issued a cryptic statement about curtailing its activities.  But, today, it seems to be back to business as usual.  The rowdy regulars at both sites have been quite vocal in their contempt and anger for the Gazette. Some are suggesting that it is criticism of the Gazette by the site administrators that provoked the crackdown after years of the Gazette averting its corporate eyes to the copyright infringement issue.

In a surprise twist, Gazette reporter Justin Mason sent an email to the Rotterdam forum’s administrators, apologizing for the actions of his editors.  See “Justin Mason explains and apologizes” (Nov. 7, 2008).  He gave permission for the message to be posted at the site.  Among other things, Mason says:

“I just wanted to offer my apologies to [Administrator Jo-Ann Schrom] and the other users of the forum for my newspaper’s recent overreaction toward Rotterdamny.info reprinting Gazette articles.”

He opines that the suggested practice of summarizing with short quotes and a link to the Gazette website is “much more flawed than the format Rotterdamny.info used, seeing as though the Gazette still doesn’t publish more than a third of its print content online.”

He also declares: “Both myself and other reporters have discussed the site with them dozens of times before without them expressing any concern for copyright issues and whatnot.”

Mason is probably correct saying that “I have no power or influence over the editorial decision making process” and that cooler heads probably will not prevail. We shall have to wait to see how this public rebuke of his bosses and their “poor error in judgment” will affect Mason’s career at the Gazette.  How the two internet community sites will adjust is also up in the air.

We think the link-quote-summarize approach used successfully by so many weblogs should allow the valuable discussion at the community sites to continue.  However, the practice takes a lot more work for the administrators than merely copying an article in full, so it may limit the topics presented.  It may also mean that many of those joining in the discussion will not have all the facts available in the full article before they voice their reactions.  Forum members need to be reminded that clicking through to the Gazette article, and then returning to their forum, won’t really take more time than reading the full article at the community forum.

background fyi: (Sunday evening, Nov. 9, 2008):  Earlier today, I posted the following updates near the top of this posting; because the second update pretty much moots out the first one, I’ve moved them here, out of the way of the main story.  I’m keeping them as part of the record and because they help explain a few of the messages in our Comment section:

update (Nov. 9, 2008):  As you can see in our Comment section, I was quite surprised this morning to learn that the Gazette staff has removed a Comment that I left at the weblog post by their Managing Editor that is discussed immediately below.   If I get an explanation from the Gazette, I will let you know.  I’ve attempted to reconstruct my removed comment here. None of the other 52 comments that I have left at the Gazette website since February 2008 has been deleted by its staff. [You can use this Tiny URL to cite to this post: http://tinyurl.com/fkaGazetteCopyright ]

update (noon, Sunday Nov. 9, 2008): Gazette Online Editor Mark Robarge just left a comment saying “David, my mistake in removing your comment from our Web site. I hit the wrong checkbox this morning while monitoring comments. It has been restored to the site.” He left a similar comment at the Gazette’s Editors’ Notebook, where my first comment has indeed been restored.  Given the number of senior moments that go on around here, I’m going to give Mark the benefit of the doubt.

..  Wendy Cook Gets It Together:  Because she’s the daughter of Funny Cide horse-owner Jack Knowlton, Wendy Knowlton-Cook’s slide into drug abuse and its criminal consequences has gotten far more attention than the initial sordid facts might otherwise have warranted.  (See our earlier posting about her arrest and halting attempts at rehab.) Ms. Cook lost custody of her children, did eight months in jail, and has spent three months in rehab, after an arrest in October 2007 for performing sex acts and snorting cocaine with her then 2-month-old son and 5-year old daughter in the back seat of her car.  Today’s Schenectady Gazette brought news that she may have turned the corner and be heading for brighter days. According to the article “Mom gets kids after rehab: Woman accused of prostitution” (Nov. 8, 2008), Ms. Cook now shares joint custody of her children with her parents, and is officially on probation, while continuing in a substance abuse program, and with ongoing monitoring by Social Services.

Wendy has admitted to possessing cocaine, but not to the other charges, and yesterday told reporters:

“I made a commitment in this process.  I surrendered wholly to the creator. I have to come first. If I don’t take care of me, I can’t take care of my children. It’s just an everyday commitment to wellness.”

As a former Family Court Law Guardian (lawyer for the child), I’m rooting for Wendy and her kids, and hope that her strong family support and personal commitment will mean she has favorable odds of success.  Like Schenectady City Court Judge Christine Clark did at court yesterday, the f/k/a Gang says:

“I’m happy to see you doing much better.  I hope you keep it up.”

Cuomo’s Quixotic Code of Conduct:  We told you last July, in “Cuomo tilts at pols and windmills,” that New York’s Attorney General Andrew Cuomo had opened an investigation into possible improper dealings between two wind power companies and local government officials, and into possible anticompetitive behavior by the firms.  Last week, we learned that the two target firms have agreed to abide by a new Code of Conduct promulgated by the AG’s Office to make the process of siting wind-farms more open and fair.  See “Wind power companies, Cuomo reach agreement,” The Buffalo News, Oct. 30, 2008); and “Amid Talk of Hidden Deals, Wind Firms Agree to Code of Conduct” (New York Times, October 30, 2008).  According to the Buffalo News:

“The code bans wind companies from hiring local government officials or their relatives for one year after approval of a wind energy deal. It also bans companies from seeking, using or receiving ‘confidential information’ obtained by a locality about a pending project. Companies also will have to post on a web site the names of any municipal officials or their relatives with any financial stake in the firms.

“Wind easements and leases will have to be publicly filed with county clerks. Companies must conduct seminars to educate their workers about preventing conflicts of interests in dealings with local officials.”

The Code is, however, voluntary, and an article in yesterday’s Schenectady Gazette (not available online without a subscription) is headlined “Wind power code gets mixed response” (Nov. 7, 2008).  It’s one thing for two companies feeling the pressure of a high-profile investigation to “voluntarily agree” to abide by the Code, but quite another for the industry in general.  As Kevin Crosier, Supervisor of the Albany County Town of Berne told the Gazette:

  • “It’s a lukewarm response to a very serious problem that’s plaguing local government throughout New York State.” And,
  • “Basically what they’re doing is leaving small communities to fight this on their own.”

The article states that at least one citizens group (Schoharie Valley Watch) plans to lobby to make the Code mandatory.  Cuomo and legislators such as State Sen. Hugh Farley, R-Niskayuna, say we should wait to see how the voluntary rules work.   Despite the popularity of wind power these days, we think the public is much more in the mood for regulation of energy companies than it might have been only a year ago.  The process of siting wind farms should be just as clean as the energy they hope to produce.

You may recall that my brother, East Aurora attorney Arthur J. Giacalone (see his essay “Zoning Challenges: Overcoming Obstacles“)  Arthur J. Giacalone, frequently represents homeowners in Western New York against wind power companies. He recently told the Buffalo News — in the article “Like it or not, wind power is changing the landscape in WNY” (by Michael Beebe, October 26, 2008) — that the wind companies decide where they want to develop and then approach large landowners and town officials to seal the deal before most of the town knows a project has been proposed. The News continued:

“Giacalone has won some and lost some in the wind battle, but he said the wind companies and the towns have the upper hand. His lawsuits are aimed at conflicts of interest, zoning violations, and making sure the state’s environmental quality reviews are followed.

“ ‘It’s hard for me to see the positive side of any industry when I see the sordid side of it,’ Giacalone said.”

I’ll see if I can get Arthur to stop by and Comment on this topic at his brother’s humble little website. [update (Nov. 17, 2008): See John Horan’s Global Climate Law Blog]

p.s. Apologies to anyone who thought the word “Wendy” in our headline referred to the luminous Wendy Savage, Esq.  If you need your WS fix, try this post or that one.  If it’s haiku you seek, here are a few from Billie Wilson, the centerfold guest poet in the newest edition of Upstate Dim Sum:

last light
wicker baskets
of nectarines

anniversary —
small craft warnings
on the radio

to-do list done
the day softens
into dusk

wind chill
the priest lifts her arms
to bless the fleet

… by Billie Wilson – Guest Poet in Upstate Dim Sum (2008/II)

have you seen the busy Prof. Chang?

Filed under: Haiku or Senryu,Schenectady Synecdoche — David Giacalone @ 11:34 am

circuits lab
his mistake
in the air

…  by Yu Chang from Upstate Dim Sum (2003/I)

My gumbah Yu Chang has had very little time for kayaking this autumn (and now the season’s over) . . .

. . .  nor any time for bocce (he’s been known to play in the snow)

grandpa Yu’s
new bocce balls –
three generations choose sides

… by dagosan

. . . or his much-loved photography

moss covered rocks
a surprise photo
of the sky

… by Yu Chang – Upstate Dim Sum (2008/II)

… nor anything else but work.

[orig.]

spring –
pink robe
at her ankles

… by Yu Chang – Simply Haiku (Haiga, Spring 2008, Vol. 6:1)

If you think college professors all have easy sinecures after a couple decades on the job, you haven’t seen Yu Chang [a man of a certain age] in action at Union College here in Schenectady, New York.  Despite the school’s name, professors are not unionized at Union College.  That might be why Yu’s schedule is so heavy again this year, and why he has so many other (administrative) projects on his desk each trimester.  Of course, it could also be that the electrical and computer engineering professor does so many things well and so many people count on him.

Meanwhile, Yu’s friends are looking forward to playing, eating, or writing poetry with him once the current school session ends at Union on November 17.  Before then, there will be exams to prepare and grade, and all sorts of other paperwork, but little chance for Yu to write haiku.  So, we’re lucky the newest edition of Upstate Dim Sum (2008/II) came out at the end of October.  You can find a handful of Yu’s poems from that issue of UDS in our posting on November 3rd.  Here are another half dozen that should get us through the weekend, while Yu attends to his Day Job:

Leap Day —
an old friend
takes off her glasses

memorial concert
a landscape
of light and shadow

first warm day
a wedge of sun
on my open book

glimmer of light
the duckweed
reassembles

park bench
the gap
in a stranger’s teeth

long-legged wine glasses
I become
a beer drinker

… by Yu Chang – Upstate Dim Sum (2008/II)

November 7, 2008

interracial babysitting upsets some folks in Austin, TX

Filed under: q.s. quickies — David Giacalone @ 7:58 pm

It’s more than a little ironic:

Two days after a black man with white grandparents was elected President of the United States, a white grandfather in Austin, TX, was strolling back home with his two-year-old black granddaughter from a nearby park.  The sight of the happy pair (just two blocks from his home) so worried one observer that 911 was called to report the suspicious event.  Eventually — on a day when seven schools were shut down and an intensive manhunt was being waged in the area, after an overnight shootout with police — three police cruisers were dispatched to interrogate the rather surprised and then quite angry grandfather.

You can read the first-person account by Scott Henson, the grandfather and “criminal justice activist” who writes the weblog Grits for Breakfast, in his posting yesterday titled “Is ‘Babysitting While White’ reasonable suspicion for police questioning?” (Nov. 6, 2008; via Scott Greenfield at Simple Justice)  I don’t want to get in the way of Scott’s eloquent and emotional telling of this tale, which you are urged to read in its entirety.  I’ll give you just two quotes from his piece:

  • “I’m incredulous that APD wasted three officers’ time to respond to such a spurious 911 call at a moment when there were actual, violent criminals running around town with assault weapons. Don’t these guys have supervisors? Prioritize, people!” And,
  • “Finally, the first officer answered my increasingly repetitious question, ‘Am I free to go?’ with a reluctant ‘Yes,’ at which point I turned heel with the toddler grasped firmly in my arms and walked briskly towards home, both of us a little rattled by the experience. ‘They scared me, Grandpa,’ Ty said, sobbing lightly as she nestled her head into the crook of my neck. ‘I know, sweetie,’ I told her, ‘they scared me, too.’ And by the time we reached home, she was asleep in my arms.”

The person who called 911 is surely the most to blame, but the police could have handled things much better.  I’d like to think it would have been over much sooner if Scott had quickly said he was the grandfather, but proving it on the spot would have been difficult.  There are scores of comments at Scott’s weblog, with an array of opinions on the story. [update (Nov. 10, 2008): Scott Greenfield at Simple Justice asks whether Scott Henson should have taken “the path of least resistance” to have shortened the confrontation with police and spared his granddaughter the painful experience, and — for a lot of good reasons — answers “no.”]

A final observation: This episode would have been disturbing but not surprising, if it had happened to little Barack Obama and his Gramps forty-two years ago.  In 2008, it should make us angry and sad — but, also hopeful that a few years with Pres. Obama leading our country will make such ridiculous incidents unthinkable anywhere in America. [You can share this post using this Tiny URL: http://tinyurl.com/fkaBWW .]

.. Barack Obama with his “Gramps” Stanley Dunham .. ..

p.s. I can’t think of a good haiku or senryu to go with this post.  My haijin friends are urged to help me out.

November 6, 2008

who does your real estate agent represent?

Filed under: Haiku or Senryu,lawyer news or ethics — David Giacalone @ 2:02 pm

An incident around Mama G’s kitchen table, when I was visiting her in Rochester two weeks ago, has convinced me that I need to help inform the public about the various kinds of real estate agents and their duties to sellers and buyers.  Here’s what happened:

My mother, an aunt, my sister, and two longtime family friends (Sam and Rose) were sitting in Mama’s kitchen after a filling and tasty Friday night dinner out, when Sam was asked how his two daughters were doing.  Sam then said something like, “You won’t believe what happened when my daughter and son-in-law were looking for a house.”   They had pre-qualified for an unexpectedly large mortgage, given their modest income.  When they gave “their agent” a bid to bring to the seller of a house they liked, the offer was summarily rejected as far too low and rather insulting. Sam’s son-in-law then called the seller directly to say “that’s really all I think we can afford.”  The seller replied, “Well, your agent told us not to accept the offer, because you were qualified for a much larger mortgage and can pay more.”

The prospective buyers felt betrayed and called “their agent,” who basically said “before you fire me, I’m going to fire myself and stop working with you.”  Sam’s entire family was outraged (but the kids did get the house for a nice price after contacting the seller and love it). Sam was even more perturbed and disbelieving, when I said, “Unless that agent was specifically a ‘buyer’s agent’ or ‘dual agent,’ she had a duty to the seller to try to get as high a price as possible, and to use whatever information she had about the buyers.”

Despite my law degree, and having worked on real estate industry matters at the Federal Trade Commission a few decades ago (and written about them here), the entire table of folks — all of whom had participated in numerous home sales and purchases over the years — initially disputed what I told them about real estate agents, and then voiced shock and dismay.  When I said the FTC has been trying to get this message out since the early 1980’s, my sister Linda replied, “Well they haven’t done a very good job.”  I guess she has a point.

The North Carolina Real Estate Commission’s brochure “Working with Real Estate Agents” says it well: “It is important for you to know whether an agent is working for you as your agent or simply working with you while acting as an agent of the other party.”

“. . . until you are sure that an agent is not a seller’s agent, you should avoid saying anything you do not want a seller to know.”

moving day
the other men
in her life

… by John Stevenson – Quiet Enough (Red Moon Press, 2004)

(more…)

November 4, 2008

thank you, America!

Filed under: viewpoint — David Giacalone @ 11:27 pm

..   Thank you, America, for choosing hope over fear, unity over division, and our values over our resentments.  Thank you for voting Barack Obama to be President of the United States.   He will be President of all of us and for all of us.

Let’s work together to make America all it can be.  

afterwords (Nov. 5, 2008): A special thankyou to John McCain for a most gracious and inspiring concession speech — with words and tone worthy of his best self.

update (Nov. 5, 2008): Scott Greenfield, at Simple Justice, is proud that the reactions of lawyer webloggers to the election show “The Blawgoshpere at its best:”

“The reaction has been uplifting, in the belief that regardless of who, and how strongly, one thought would make a better president, so many have put that aside and noted two critically important things:  That we have broken a barrier by electing a black man to be President, not because he is black but because we believe that he is the right man for the job, and that we will now go beyond partisanship to work together to overcome our nation’s problems.”

p.s. .. Laurice and Ed Markowski’s grandson Nicholas Landry is an Obama Baby.  He’s an excellent reason for us to hope, and to act together to make a better nation and a better world. Some of Nick’s friends and admirers have left haiku and senryu in our comment section, joining in the celebration of our new Obama Nation.

November 3, 2008

please vote (preferably for Obama)

Filed under: q.s. quickies,viewpoint — David Giacalone @ 8:51 pm

.. The campaign has taken far too long and still has that weird electoral college wrinkle, which focuses too much attention on toss-up states, and could hand victory to the man with fewer votes (see, The World, “US election system unique,” Nov. 2, 2008)

— “battleground” has been uttered much too often —

.. ..

— and there were some ugly, distorted images —

But, please go out and vote tomorrow, for the candidate of your choice.

[preferably for Barack Obama] ..

Of course, if you’re really voting for John McCain because Obama is black, or because you truly believe he is a socialist or the Anti-Christ, feel free to stay home.  Whatever the outcome, remember we are one country and we need to face the future in good faith together.

p.s. The whole New Yorker cover flap (and the “winkies” we added for the parody-challenged) seems like it happened so long ago and seems rather unimportant now.  But, the ability to publish vibrant satire, even if some folks don’t get it or are offended, is crucial in a free society.

election day
dark skies turn
a bright shade of blue

…. by dagosan

Obama&GrandmaDunham afterwords (Nov. 4, 2008): Heartfelt condolences to Barack Obama and the entire family of Madelyn Payne Dunham, who died of cancer yesterday at age 86.  Losing a loving grandmother takes a large piece out of your heart and your life.  I wish she could have seen her grandson making history today.   At this important point in a very crucial election, her death is a reminder of what is really important in our lives.

after her death
composing roses
instead of words

ikebana
the space
where the lily was

winter solstice
I unravel my knitting
and begin again

.. by Pamela Miller Ness
“winter solstice” — from The Hands of Women (Lily Pond Press/Swamp Press, August 2007)
“after her death” – “ikebana” – from the sequence “where the lily was” (2003)

– Election Day, Foggy Morning, Riverside Park, Schenectady, NY; by DAG –

winter woods
seeing myself
in black and white

………………….. by yu chang – Upstate Dim Sum 2005/1

.. my polling place (follow the arrow), First Reformed Church, 8 No. Church St., in the Stockade Historic District, Schenectady, NY (photo taken Election Day, Nov. 5, 2008, by David Giacalone)

stop misting my broccoli! (updated)

Filed under: Haiku or Senryu,Procrastination Punditry — David Giacalone @ 2:41 pm

..  While all the web pundits are yakking about tomorrow’s Presidential Election, Prof. Yabut wants me to deal with a more personal issue that has been giving him agita for even longer than this interminable political campaign:

The constant misting (spritzing) of produce in America’s supermarkets seems to reduce their at-home “shelf-life” by making them rot, mold, discolor, lose flavor, and go limp, far more quickly than if they were sold in dry bins.  The misting is done to make them appear more fresh at the store (and to replace moisture that is naturally lost after being picked and reduces the size and weight of the items).

Whether it’s broccoli, green beans, bell peppers, or leafy veggies, my friends and relatives from several generations have all noticed that dry (unmisted) produce stays fresh and usable longer at home than misted produce.  Nonetheless, about 90 percent of retailers now use automated misting systems.  (see “Produce in the mist,” Store Equipment & Design, by John Frank, July 2000) The quick demise of misted vegetables is an expensive waste.

The misting increases the cost of items sold by the pound, while forcing customers to waste time and paper towels attempting to dry the produce before refrigerating them.  And, water sitting around in the display bins is a great place for bacteria to thrive.

At my local market, which is part of the Price Chopper chain, you need to don a slicker or bring an umbrella to keep from being soaked by the incessant, high-volume spritzing.

shopping for sweet corn –
the attractive stranger
is very choosy

stop drowning our green beans!

the grocery bag spills –
blueberries . . . r  o  l  l
bananas don’t

….. by dagosan

At a farmer’s market yesterday, I was told by a 5th-generation vegetable farmer whose large, firm, broccoli I was admiring, that she has to take special care this time of year to make sure the frost has evaporated from the inside of the bunches before being picked.  Similarly, websites that give advice on caring for purchased vegetables and them keeping fresh (like here and there) warn not to wash vegetables until you are going to use them; and others suggest placing a paper towel with vegetables in plastic bags, “to absorb excess moisture and retain freshness.”

Such advice seems to confirm my suspicions that excess moisture kills vegetables and store-spritzed veggies have a shorter life expectancy.

[But see, this study, “Cold water mist humidification to preserve the quality of fresh vegetables during retail sale.” I don’t know whether the observed freshness “during retail sale” continues once brought home by the consumer.  Similarly, I have no idea what these conclusions “on Ascorbic Acid Retention in Broccoli During Cabinet Display” mean post-retail.]

Sure, there are more important issues.  I’d rather have universal health care and peace in Iraq than dry produce.  But, we can’t let bigger issues keep us from attending to the small ones.  At least, not when we’re procrastinating from writing serious punditry.

unaware of the thief’s
eyes, melons
cooling in water

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

afterwords (Nov. 5, 2008; 2 PM): Yesterday afternoon, I sent the following email message to the service reps at my local supermarket, Price Chopper, through their website contact form.  If I receive a reply, I’ll report on it here.

Nov 3, 2008

To: Price Chopper

From: David Giacalone
Subject: misting produce – speeds rotting

Message: For quite awhile, it has seemed to me (and to many others whom I’ve asked about it) that vegetables (e.g., broccoli and green beans) that are misted at your produce displays rot or mold, or become limp and less tasty or attractive, far more quickly than vegetables in bins not being spritzed.

I know you mist them to keep them LOOKING fresh and to replace naturally depleted moisture. Neither of those reasons seems to justify shortening their “shelf-life” once we get them home.

I’ve found many sources on keeping vegetable that advise not washing them before storing them, as well as putting a paper towel with some vegetable to help absorb the extra moisture.

Do you have studies on this subject that would rebut our negative experience with misted vegetables?

update (Nov. 7, 2008):  This afternoon, I received a rather unsatisfactory Consumer Response to the above Complaint from Price Chopper.  To be fair to them, I’m going to post their entire email reply in “Case ID: 166757”:

November 6, 2008

Dear Mr. Giacalone,

Thank you for your recent email.  It is always helpful to hear our customers’ concerns, and to be given a chance to respond to them.

Your comments regarding produce misting have been forwarded to our corporate produce office for review and advisement.  We have been informed that we mist our produce to keep it fresh.  If our produce isn’t moistened it tends to dry out and decay much faster.  This is a common practice and has already been proven, so further testing is not necessary.  Your feedback on this matter is appreciated.

Thank you for giving us the opportunity to address your concerns.  It is our intent to provide excellence in all areas of service to our customers.  Your patronage and your comments are very important to us.  Please feel free to contact us at 1-800-666-7667 (option 3), Monday through Friday, 8:30 am to 5pm, or on our website at www.pricechopper.com.

Sincerely,

Maureen E. Murphy
Manager of Consumer Services
Price Chopper Supermarkets

..  If you came here today just looking for some fresh haiku and senryu, from a gardener who knows how to take poper care of his plants, before and after harvesting, you’re in luck.  Here are some of the newest poems by our dry friend Yu Chang, from the newest issue of Upstate Dim Sum:

a change in the weather
the last katydid
falls silent

first bloom
I empty
a bag of manure

water’s edge —
on each wavelet
your reflection

summer solstice
a milkweed
heavy with blossoms

street vendor–
a circle of friends
chewing squid

mountain lake —
streaks of moonlight
down her back

pressed together
across an empty bowl
a pair of chopsticks

… by Yu Chang – Upstate Dim Sum (2008/II)

November 2, 2008

Day of the Dead lets us remember with a smile and a sigh

Filed under: Haiku or Senryu,q.s. quickies — David Giacalone @ 9:31 am

.. We’ve featured the Mexican feast of the Day of the Dead — Dia de Los Muertos — a few times here at f/k/a.  It is celebrated on November 2nd (in connection with remembrance November 1st of children who have died, on Dia de Los Angelitos).  The Day of the Dead commingles Roman Catholic devotion with Pre-Hispanic traditions and beliefs. As we said last year, quoting graphic artist Ladislao Loera (whose artwork graces this post):

“Pictures of the deceased are placed on Dia de los Muertos altars with their favorite food and drink. Candles to light their way home, and soap and water to freshen-up after their long trip back are also often placed on altars. Trinkets they were fond of, symbols they would understand, and gifts are left to communicate to them that they are always in the hearts of those they left behind, and that they are still part of the family even though they aren’t physically with us any longer.”

This approach to death seems far healthier than the fearful ways in which Euro-centric peoples relate to death and the afterlife. You can learn more about the feast at “Day of the Dead in Mexico,” which has pictures, recipes, poems and much more. Day of the Dead is, of course, celebrated in the southwestern USA and other places with large numbers of people of Mexican descent.  (See, e.g., articles in yesterday’s Dallas Morning News and Sacramento Bee.)

Day of the Dead –
grandma passes grandpa
the olive platter

…. by dagosan [Nov. 4, 2005]

..  The Day of the Dead means more to me this year, because my father Arthur P. Giacalone died in January at age 88.  (see my post “papa g’s night train“).  I missed him, when I visited my family home in Rochester last weekend.  The feast is a gentle reminder to remember his love and his continuing presence.  So, I’m going to do a few things to make my home — a place he never got to visit — welcome to Dad’s spirit.

funeral dirge –
we bury the one
who could carry a tune

……… david giacalone – Frogpond 31:2 (2008)

I just clicked on this link and listened to the Louie Prima-Sam Butera version of the song “Night Train.” It reminds me of the music he loved, his dancing skills, and sense of humor.

moonlit serenade
fireflies appear just beyond
the jitterbugs

…………………………………………. ed markowski

Sunday dinner will be pasta with tomato sauce (cooked a little softer than I like it, because Dad never appreciated al dente), red wine (chilled), plus the olives and bread that was a staple of his Sicilian-American up-bringing.  I wish Mama G. or Ed Markowski were here to bake Dad a pineapple upside-down cake, but he’ll surely enjoy a good Chocolate Peanut Butter ice cream.

Later today, I’ll watch a John Wayne western (probably Rooster Cogburn), in memory of his favorite way to spend an evening, and some of the best moments we shared in his last two decades.

comparing aches
before the show –
senior organ recital

.. by dagosan

.. I hope Dias de los Muertos will bring your deceased loved ones closer, too.  My poet friends are urged to leave a haiku or two in the Comment section to celebrate their own loved ones.  I’ve come to appreciate the work “bittersweet” much more the past few years — with the sweet becoming more apparent.

photo albums
and dessert —
the chocolate bittersweet

sunset stroll –
searching snowbanks
for butterflies

………. by david giacalone
[in mem., Arthur P. Giacalone]

.. The second of Upstate Dim Sum‘s issues for 2008 arrived a couple days ago. It’s the hardcopy Biannual Anthology of Haiku and Senryu published by my haiku friends in Upstate New York’s Route 9 Haiku Group — Hilary Tann, John Stevenson, Tom Clausen and Yu Chang.  I especially like sharing UDS poems, because they are not otherwise available online.  Here are a few from UDS 2008/II by Hilary that seem to be in the spirit of the Day of the Dead:

evening walk
settling into the rhythm
of my father’s cane

airport lounge
looking for a hot spot
to tell you i love you

discarded shirt —
I save
the buttons

late in life
mother asks for blue sky
and a horizon line

summer wind
a dandelion clock
releases the hours

hospice visit
glimpses of her
in her other friends

late autumn
the flower arrangement
is mostly leaves

…. by Hilary Tann – Upstate Dim Sum (2008/II)

p.s.  Hey, Counselor, If we’ve got you thinking cross-cultural thoughts, you might want to head over to the new issue of The Complete Lawyer (Volume 4, no. 6), which is focusing on “Doing Business Internationally.”  For example,  John Friedhoff asks “What’s It Like to Do Business in Latin America.”  And, Fernando Rivadeneyra writes about “Mexico: Working With The “Manaña” Culture.”  There’s much more, covering other continents and general cross-cultural issues.

aftershots (Nov. 20, 2008): No, the cranky Schenectady Gazette columnist Carl Strock is not a father-figure for me.  But, he is often an inspiration for punditry here at f/k/a.  I never thought of Carl as a photographer, too, but he demonstrated his prowess with a Powershot on a recent trip to Mexico, which overlapped with the Dead of the Dead. You’ll find the Fire Department display for Dia de Los Muertos and a cutie with a calavera, and many more interesting photos, by starting at his weblog post from Nov. 18, 2008.  Carl, like myself, tries to avoid merely going for beautiful scenes, but sometimes he can’t help himself.

November 1, 2008

saturday morning career tips for lawyers

Filed under: Haiga or Haibun,lawyer news or ethics — David Giacalone @ 9:40 am

Less than thrilled with your legal career? Two new online pieces offer suggestions for gaining relief: 1) D.C. Bar President Robert J. Spagnoletti gives us “Love the One You’re With” (Washington Lawyer, Nov. 2008) with ideas for useful attitude adjustments, and 2) Above the Law‘s associate editor Kashmir Hill presents their latest in a series of posts on job options for those with law degrees, “Career Alternatives for Attorneys: Writer/Author” (October 31, 2008).

litigation bags –
the associate’s
half-closed eyes

.. by dagosan

.. D.C. Bar President Robert Spagnoletti has noticed that “many lawyers and professional staff today seem to have different expectations about work than our parents and grandparents.”  Instead of staying in a job for decades, so long as it provided good pay, a decent pension, and the possibility of advancement, many in today’s workforce:

“move from job to job looking for the employment equivalent of a soul mate, and they become frustrated unless they receive constant praise and instantaneous rewards.”

More to the point:

“Many of us feel that unless we are completely happy every day with every aspect of our job, and that everyone notices what we do, we somehow are failing in our career—or that our career is failing us.”

After exploring why such attitudes exist, Spagnoletti notes that there are a lot of lawyers who do get satisfaction and even joy from their jobs, and that “Interestingly, those of us who love our careers are doing the same jobs as those who are feeling unfulfilled.”  Why the difference?  Spagnoletti [such a nice Italian name] says:

“I suggest that much of the difference has to do with how we approach our work and what we expect in return. Sound familiar? Every job, like every relationship, offers great opportunities and demands great effort. Lawyers who enjoy their careers can somehow focus on the positive aspects of their jobs—and there are almost always positive aspects.”

. . . ” In other words, the most successful lawyers are usually those who are able to find some joy in what they do. They are not necessarily smarter or more talented than the rest of us, they have no theme song that plays constantly in their head to keep them sane, and they don’t have a deal with the devil. Their only secret is that they no longer expect to be on Oprah.”

I like Spagnoletti’s “looking for a soulmate” metaphor better than his mostly-inapt “being on Oprah” theme (how many of us really need to be famous, at least for a day, to have career satisfaction?). For decades, I’ve remarked that we Baby Boomers somehow got the notion that a job is supposed to be totally fulfilling — interesting, meaningful, and hopefully lucrative.  Since, given the jobs available to inhabitants of planet Earth, only a tiny percentage of us will ever achieve that goal, we set ourselves — and now our even-more self-absorbed children — up for great career angst and agita.

Spagnoletti is surely correct that a good job, like a good relationship, takes “real work” and can’t be always stimulating and fun.  His final “practical advice” is:

“if you can’t be in the job you love, love the job you’re in.”

That will usually be good advice — we need patience and reasonable expectations in order to find satisfaction in any job. However, jobs are also like relationships in that some are toxic or simply far too incompatible and stressful to be worth enduring for long. If you’re in one of those, and aren’t simply the victim of untenable expectations, looking for options makes a lot of sense.   Of course, while looking for your next career move, a good attitude (a willingness to do quality work and taking it a day at a time) will go a long way toward keeping you sane.

Our alter ego Prof. Yabut continues to a believe that “only a silly a$$ doesn’t self-assess.” Throughout our schooling and career, we each need to discover and understand our personal values, passions, and work rhythms. That self-assessment takes a commitment of time and a promise of honesty.   (See our post “the road to ‘L’ is paved with inattention” for discussion and links to self-assessment tools).  Of course, honest self-assessment before entering law school, or prior to graduation, may be the best way to avoid being a dissatisfied member of the legal profession. (see Yabut’s “1L of a decision“)

clear and cold
the snap
of her attorney’s briefcase

… by Ed Markowski

If your skills, propensities or dreams make you want to put that law degree to work (or aside) as an author, check out “Career Alternatives for Attorneys: Writer/Author” (Above the Law, by Kashmir Hill October 31, 2008).  Ms. Hill took her own experience and perspectives from within what she calls “the law-journo bubble” to Thursday’s panel discussion at the New York City Bar Association: Non-Fiction: True Crime Stories & the Truth about Being a Lawyer-Writer. The panel members included Thomas Adcock, who has written seven books (including Dark Maze, which received an Edgar award), and Dennis Hawkins and Rosemarie Yu have, who have recently had their work published in the non-fiction anthology Brooklyn Noir 3.

Each panel member offered advice for lawyers who would like to become a lawyer-writer, and the ATL posting summarizes their tips on Law and Literature, How do you get started?, How do you get published?, and Copyright Law.

.. Ms. Hill suggests John Gardner’s “On Becoming a Novelist” (1999)

Kashmir also relates the story of Ben Fountain, who left the BigLaw firm of Akin Gump to write full-time, and whose lawyer wife was his personal patron for the 18 years it took to win the prestigious Hemingway Foundation/PEN Award award for his book of short stories, “Brief Encounters with Che Guevara” (2007). She’s right that having a patron (i.e., an alternative family breadwinner) helps a lot when seeking to spread your writing wings outside the legal profession. But, with so many legal jobs in jeopardy these days, Kashmir advises:

“If you have a patron, or if you have lots of creativity, or if you just love spinning tales, perhaps you should think about trying your hand at the writing craft.”

Her final advice is to write every day, “And writing legal memos does not count.”

You don’t have to do much to convince the f/k/a Gang that there is a natural fit between lawyers and literature (or the subset lawyers and haiku). As ex-prosecutor and author Dennis Hawkins told the NYCBA panel, both lawyers and authors know that “the right word, and the right sentence matter” — and many of us greatly enjoy the feeling that comes from finding that word.  [See, e.g., our discussion of The Legal Studies Forum. And see, Prof. James R. Elkins course materials on “Lawyers and Literature” (Univ. of West Virginia, College of Law)]

. . . by the way: Your humble Editor is neither too humble nor too proud to accept a patron, should anyone out there want to help shelter me while I figure out how to make a living as an author.


A Haibun by Andrew Riutta

THE WAITRESS
– Andrew Riutta

In two days she turns just twenty-one. Twenty-one. So young. So pale. I tell her she should stay away from the bars. I tell her she should go out west and save the whales, or a redwood-or the endangered laughter of working-class people who go out on porches at dusk to hum the same hymns over and over in their heads that their grand- parents did. She tells me that saving herself from her father is hard enough.

peaceful autumn-
a window display
of hunter’s orange

– andrew riutta

.. Sometimes, you’ve got to endure a few bites and some itching, to achieve your romantic or professional goals:

you and me
and a million mosquitos —
calamine sunset

.. haiga: poem and photo by David Giacalone, orig. pub. 60th WHA Haiga Contest (Oct. 2008) —

p.s. The new November 2008 issue of the DC Bar magazine Washington Lawyer also has two topical articles of interest: The cover story “Oil: the never-ending crisis,” in which Joan Indiana Rigdon traces the country’s growing dependency on foreign oil, its economic impact, and how government is once again scrambling for solutions.

And “Mean Streets,” in which Kathryn Alfisi examines the crackdown on panhandling and food sharing as  “an increasing number of U.S. cities employs a hard-line approach to combating homelessness, [and] the phrase “public space” seems to take on a different meaning.”

Finally, the Autumn/Winter 2008 edition of Moonset Literary Newspaper (Edition 4/No. 2) arrived two days ago.  Here are one haiku and one senryu from the new Moonset, by our Honored Guest Poet (and much-used Issa translator) David G. Lanoue:

our escort
through the ruined garden
dragonfly

almost a nudist
his newspaper
hat

… by David G. Lanoue – Moonset Literary Newspaper (Autumn Winter 2008, Edition 4/ No. 2)

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