f/k/a . . .

February 13, 2008

not really in a valentine mood

Filed under: q.s. quickies, Haiku or Senryu, Haibun — David Giacalone @ 1:03 pm
update/lowdown (Feb. 15, 2008):

Feb. 15
he buys himself
a half-priced heart

………………… by dagosan

Afterthought (9 PM; Feb. 13): An article in today’s New York Times has helped me understand that there are far worse things in life than dining alone on Valentine’s Day. See “I Love You, but You Love Meat” (by Kate Murphy, Feb. 13, 2008). This excerpt may or may not whet your appetite and open your heart to the Diety of Dietary Differences:

“Sharing meals has always been an important courtship ritual and a metaphor for love. But in an age when many people define themselves by what they will eat and what they won’t, dietary differences can put a strain on a romantic relationship. The culinary camps have become so balkanized that some factions consider interdietary dating taboo.

“No-holds-barred carnivores, for example, may share the view of Anthony Bourdain, who wrote in his book “Kitchen Confidential” that “vegetarians, and their Hezbollah-like splinter faction, the vegans … are the enemy of everything good and decent in the human spirit.”

“Returning the compliment, many vegetarians say they cannot date anyone who eats meat. Vegans, who avoid eating not just animals but animal-derived products, take it further, shivering at the thought of kissing someone who has even sipped honey-sweetened tea.”

a single
mimosa
- hold the toast

………………. by dagosan

2HeartsV Another ya-ya-less Valentine’s Day. Sigh. Regular readers of this weblog will recall our love-hate relationship with the holiday made for lovers. See

  • (Old) Lawyers in Love” (Feb. 14, 2004) - musing over Jackson’s Browne’s 1983 song
  • off-peak romance” (Feb. 13, 2005) - riffing on the quote “Love is so delicate, you can’t afford to risk it on fake holiday,” by Emma Forrest.
  • valentine quickies(Feb. 14, 2006) — inspired by the WaPo reporter Joe Heim and his “Anti-Valentine Play List”
  • valentine quickies (cont.)” (Feb. 14, 2006) - home alone and looking for love
  • valentine matchmaking” (Feb. 14, 2007) - finding love or romance virtually anywhere
  • and over at SHLEP, “post-valentine divorce self-help” (Feb. 15, 2007; in response to LegalMatch.com’s finding that there is a large increase in the number of people looking for divorce lawyers in the days surrounding Valentine’s Day).

Valentine’s Day -
I forget to get
the garbage out

…………..……. by Tom Clausen - Upstate Dim Sum (2005/II)

Heimliched out of me
pink candy heart
wordless now

…………… by Randy Brooks from School’s Out

At our postings linked above, we’ve presented an assortment of Valentine-related haiku and senryu, and you will surely find something to fit almost every V-Day perspective. Of course, when it comes to mixed feelings about love and romance, nobody says it better than lawyer-poet Roberta Beary. Sometimes referred to as “Cheery Beary” by her habitually-romantic husband Frank Stella, Roberta came through for Valentine’s Day 2008, with this little haibun [short prose with a linked poem] from the brand new edition of Modern Haiku (Vol. 39:1, Winter 2008):

What I Mean Is heartarrowV

everyone knows everything old people know only the good die young and kids know parents don’t know it all and teachers know students wait until the day before the project is due and you and i both know that love doesn’t conquer anything in fact it doesn’t even come close

as if it mattered
i pocket
a red leaf

………………………………… by Roberta Beary, Modern Haiku 39:1 (2008)

This might be a good time to remind husbands of Joshua Foer’s 2006 Valentine op/ed piece, “A kiss isn’t just a kiss,” in the International Herald Tribune (Feb. 13, 2006), where he points out:

“A study conducted during the 1980’s found that men who kiss their wives before leaving for work live longer, get into fewer car accidents and have a higher income than married men who don’t.

“So put down this newspaper and pucker up. It does a body good.”

valentine’s day
we do nothing
different

valentine’s day
the sensous curves
of a snow drift

…………. by ed markowski mail neg

Valentine’s Day –
the new sign says
“Thin Ice”

February 14
a handful of cards
from relatives

alone at home -
the hermit counts
his Valentine savings

………………………… by dagosan

As I said in 2005, George Swede’s quiet moments of romance are more my style (even when I am home alone on Valentine’s Day):

at the height
of the argument the old couple
pour each other tea

almost unseen embraceGS
among the tangled driftwood
naked lovers

on the face
that last night called me names
morning sunbeam

sunrise
I forget my side
of the argument

…………………… by George Swede from Almost Unseen: Selected Haiku of George Swede

p.s. On the other hand, an article in today’s New York Times makes me glad I’m no longer representing children in custody disputes in family and divorce court. See “Religion Joins Custody Cases, to Judges’ Unease” (NYT, Feb. 13, 2008)

custody hearing
seeing his arms cross
i uncross mine

…………………………………. by roberta beary - pocket change; and New Resonance 2

update (Feb. 14, 2008): It’s shocking for regular folks, but — as I learned in law school and Family Court — some lawyers can’t distinguish between “unfun” and “unfair.”

January 30, 2008

RMA 2007 is here!

Filed under: haijin-haikai news, Haiku or Senryu, Haibun — David Giacalone @ 1:32 pm

dust of summers: The 2007 Red Moon Anthology of English-Language Haiku,” edited by Jim Kacian and the Red Moon Editorial Staff, Red Moon Press, Winchester, VA, USA, 172 pages, ISBN: 1-978-893959-68-2, $16.95; see cover)

day moon
we windowshop
caskets

…………………….. by Roberta Beary, USA, - dust of summers: RMA 2007; orig. pub. NOON 5

RMPLogo In the haikai community, the annual edition of the Red Moon Anthology is even more anticipated than Groundhog’s Day. Each volume in the much-honored RMA series attempts to collect “the best English-language haiku and related writings from around the world” published in the prior calendar year, as selected by the dozen distinguished members of its editorial board. Seeing which poems are included and savoring/judging them individually and collectively is an addiction for many poets and readers of the genre.

The new volume of RMA is not usually available before February, so when it’s out before Punxsutawney Phil shows his cute, furry head, it’s easy to predict an especially good and timely year for the oft-pokey haiku press. The twelfth volume in the RMA series is “dust of summers: RMA 2007.” My copy should arrive by the weekend, but I wanted to let f/k/a’s readers know they can already get RMA 2007 from Red Moon Press. I also wanted to speculate a little before seeing this edition — wondering if some unaccustomed criticism in 2007 had any effect on this year’s version of 2007, and whether controversy will spur sales, as it does in so many other literary fields.

big sky: rma 2006 BigSkyRMA2006

As you may recall, I lamented last June that at least 25 of the 165 haiku and senryu chosen for “big sky” by RMA’s editors as “the finest haiku . . . published around the world in English in 2006″ were tell-ems — poems in which the poet “tells” what is on his or her mind (by stating an insight or intellectual conclusion, or naming an emotional state) rather than “showing” us through images based on sensory experiences. My original “psyku” essay last year, and the follow-up anchovie piece at year-end, argue and assert that tell-ems — no matter how interesting the notion presented or how honored their authors — are second-rate representations of the haiku genre, which (as Prof. Yabut might say) deserve rewriting, not rewards. They rarely, if ever, belong in our best journals, much less in contests and anthologies proclaiming to present the very best haiku and senryu. So, I’m hoping that dust of summers will be kind to my haiku psyche, and not inspire an undue amount of agita and anchovy-parodies.

A far more prominent criticism of big sky: rma 2006 came from Robert Wilson, the managing Editor of Simply Haiku, in a book review published in his e-journal’s Summer 2007 edition. Robert’s basic complaint was that — for an anthology purporting to be “the best haiku” — there were simply too many senryu in RMA 2006, and they were not labeled as such to distinguish them from the haiku. Although he found a few excellent senryu, Wilson worried that many readers will be “confused about the difference between the two genres,” and he opines:

“There are some brilliant English language poets, but many are missing from Big Sky in favor of some of the above [senryu] inclusions. Perhaps the anthology’s editors didn’t look hard enough. I hope they dig deeper for next year’s anthology. And will be more up front next time and identify any senryu as such. “

I’m eager to see whether either criticism had any influence on this year’s selection by the RMA Editorial Board. As Red Moon noted when it unveiled big sky, “this most decorated series in haiku history [has been] winner of the Haiku Society of America Merit Book Award for Best Anthology virtually every year since its inception.” For whatever reasons (perhaps those noted above), RMA 2006 did not receive the Merit Book award this year. I hope and expect that dust in summers will be a major contender again for that coveted prize.

  The Red Moon website tells us that dust of summers includes “150 poems, 25 linked pieces and half a dozen critical works which encapsulate the very best writing of the haiku world in English this year.” Despite my personal preferences and concerns, and my knowing how tenuous the “best of” notion can be, I can assure you that the majority of the poems selected for RMA 2007 will indeed — in Robert Wilson’s words from last year — be “wonderful and refreshing” and “deserve a wider audience.”

Since our Honored Guest poets are often among the most-frequently selected poets in RMA, I asked a couple of them yesterday to share their chosen poems for this preview. Here are a few, plus a haibun, to pique your interest. I’ll be presenting many more from the f/k/a haiku family once I have dust of summers in hand.

retreating glacier–
how long since we’ve heard
the black wolf’s song

…………………………. by Billie Wilson USA - dust of summers: RMA 2007 (Red Moon Press, 2008); orig. pub. Modern Haiku 38:1

circle of lamplight–
I complete the baby quilt
begun for me

…………………………. by Carolyn Hall - dust of summers: RMA 2007; orig. pub. Heron’s Nest Award, HN IX:1

magnolias
opening
the moon roof

………………………….. by Peggy Willis Lyles — dust of summers: RMA 2007; orig. pub. Mayfly #43, Summer 2007

full morning moon –
the working girl’s
gauzy blouse

……………….. by David Giacalone — dust of summers: RMA 2007; originally published in Simply Haiku 5:3

In the Night Kitchen

the boyfriend’s in her room and i can hear sounds coming from up there i don’t know if they are giggles or groans or what i just want him to leave want to hear those boots coming heavy down the stairs and i know she has been away two years which means she has done all sorts of things she hasn’t told me the same way i never told mother only different because now i know what mother knew and what all mothers come to know in time

midnight
above a cluster of stars
one star

……………………… by Roberta Beary - dust of summers: RMA 2007; orig. pub. Modern Haiku 38.1 (Spring 2007)

November 23, 2007

pity the baby-boomer raconteur

Filed under: viewpoint, Haiku or Senryu, Haibun — David Giacalone @ 11:41 am

questionDude He’s always styled himself the family’s raconteur. Around the holiday table, where food, weather and health reports tend to be the primary topics of the elder generation, he would spice the conversation with odd tales from the internet, barbs for politicians and celebrities in the news, and opinions on new movies and recently-read books.

the pretty one?
not even
on the tip of my tongue

……………………… by dagosan

This year, though, he’s driving to Thanksgiving Dinner with a suitcase overstuffed with self-doubt. After years of joking about his “peri-dementia,” the joke is getting stale and the reality far from funny.  That damn tip-of-the-tongue phenomenon seems to happen all day, every day. And, frankly, the lost name or word sometimes is nowhere near the tip of his tongue.

erasingF “All the wrong synapses seem to be broken,” he said a few weeks ago, after flawlessly singing all the words to “Off My Cloud” and “Angie” on a Halloween party dance floor, but forgetting the name of the lovely, recently-divorced judge who convincingly exchanged her black robe for a cheerleader costume that night.

Heading down the Thruway, he can’t seem to recall the title (nor the plot) of either of those films he watched on dvd and really enjoyed earlier this week — much less the names of their Generation X leading men.  And, he can only picture the face of that annoying Senator from, um, that Rocky Mountain Red State, who wants to round up all the aliens at the meat-packing plants in one of those primary states.  He wonders if he’ll get a chance to see that new movie while home; the one based on the novel he praised so much a year or two ago, by — you know — that guy who wrote that trilogy and won the Pulitzer (or was it a Nobel)?

Uncle Vito’s scratchy voice returns from four decades ago, saying the pudgy 10-year-old “tells jokes like a girl” — restarting twice and forgetting the punchline. He wonders whether Vito’s widow will be bringing her infamous jello salad concoction, and if her hip operation was a success.

the octagenarian
fills in my blank ………….
again

………………………………. by dagosan, a/k/a david giacalone

The Joy of a Peanuts Christmas” by Charles Schulz (Hallmark Books, 2000; cartoon originally published, Nov. 21, 1990)

mountain village–
the old man doesn’t know
the dance

cuckoo
what did you forget?
retracing steps

……… by Kobayashi Issa, translated by David G. Lanoue don't forget

early Alzheimer’s
she says she’ll have . . .
the usual

………………… by John Stevenson from Quiet Enough

mid-argument
the senior partner
has a senior minute

. . . . . . . . . . . . . . . . . . . by dagosan

May 11, 2007

a mother of an Identity Theft problem

Filed under: law news, Haiku or Senryu, Haibun — David Giacalone @ 1:01 pm

update (3 PM): Forty poems from our Honored Guest Poets can be found in the brand new f/k/a’s Mother’s Day Haiku Collection.  

AvoidIDTheft It seems that mothers don’t just shape our identity, these days, they steal it, too.  My hometown newspaper has a story today about a mother who stole her 2-year-old’s identity in order to set up utility and phone accounts, and then skipped out, ruining the child’s credit rating.  (The [Schenectady, NY] Daily Gazette, “Mom accused of toddler ID theft,” May 11, 2007, p. B1, $ub.)  At the time of the arrest, the child had already been taken from the mother, Hope C. Maxwell (27 years old), by our county Child Protective Services, for unrelated reasons.  It never occurred to me that parental ID theft would be a widespread problem.  Apparently, it is.  For example, see:

  1.       “Identity Thieves’ Newest Target Children: Targeted Kids Often Learn of Destroyed Credit Years Later,” ABC World News, Feb. 7, 2006, where you will learn of a woman whose mother ran up $150,000 in debt on a credit care taken out in the child’s name, when the girl was 8 years old.  The daughter only found out when she tried to buy a car at the age of 20.
  2.       “Child Identity Theft,”  Inside Edition, May 10, 2005, where you’ll meet Shiloh Puckett of Rockwall, Texas.  Shiloh is ten, but is already listed on credit reports as being $14,000, thanks to her Mother, who served six months in prison on forgery and fraud charges after running up the bad debt on at least 17 credit cards. Note: “Puckett insists she only used her daughter’s credit to pay for necessities.”
  3.        Young Entrepeneurs of America: The same Inside Edition episode focused on Bryce Dalton, whose father got Bryce a business license for a contracting company called “Dalton & Sons”, when he was only three.  Of course, daddy ran up unpaid debts related to the business, and to a few credit cards in Bryce’s name.

#1Mom If you want to be ID-theft savvy, and your mama didn’t teach you, go to the Federal Trade Commission’s Identity Theft Website , which has lots of information on how to DETER identity thieves by safeguarding your information; DETECT suspicious activity by routinely monitoring your financial accounts and billing statements; and DEFEND against ID theft as soon as you suspect a problem.  You might want to take the OnGuard Online ID Theft Quiz (maybe with your kids).  Also, shlep has links to materials on identify theft and security fraud information.  Meanwhile, kids, be careful who gets to see your Social Security Number.  
 

Mother’s Day
the florist adds kisses
to my card
………. by Hilary Tann - Upstate Dim Sum (2005/II)

 

mother’s day  
a nurse unties
the restraints

…………………………… by roberta beary - The Heron’s Nest VII:2
and Big Sky: Red Moon Anthology 2006

_________________________________________________________

                                                       untitled
pity the daughters of beautiful mothers the years spent waiting to
grow into a beauty that never comes the sympathetic looks finally
understood at the moment when childhood ends

mother’s visit
side by side we outline
our lips

 

- haibun [prose with poem] by roberta beary, Modern Haiku Vol. 37:1 (Spring 2006) -

_________________________________________________________

 

that spanking she gave    MomTwins50 2  Mama G.
the wrong twin —
all the other days

…………….. by dagosan

 

           Believe me, there is no connection between Mama G. and such financial hanky-panky.  But, with Mother’s Day only two days away, I want to send her my love and to remind you that we posted “a few haiku for mother’s day“ In May 2005. In addition, later today, I will put up a much larger Mother’s Day Haiku Collection.  Check back here for the link.

Mother’s Day visit
  bringing home her smile
                    and her frown

. ………………………….. by dagosan, at MagnaPoets (May 11, 2007)

HaigaTulipsGS   orig. haiga at MagnaPoets (May 10, 2007)      

grayskies
on mother’s day -
grandma’s favorite park

poem: david giacalone
photo: arthur giacalone

 

April 26, 2007

turn-offs and turn-ons

Filed under: law news, viewpoint, Haiku or Senryu, Haibun — David Giacalone @ 11:36 pm

      My biggest turn-off by far this week comes from the self-serving California lawyers who are opposing a proposal that would merely require lawyers to tell clients whether or not they have malpractice insurance. [It’s estimated that a third of all lawyers carry no malpractice insurance.].  As you know, I have to hold my nose whenever I smell groups of lawyers acting like guilds — protecting their own financial interests rather than putting their clients’ interests first – so, I’m forced to type this posting with just one hand.  The State Bar of California’s Task Force studying the issue supported mandatory disclosure last year.  Despite receiving mostly negative responses from the profession, it is expected to release a final proposal for comment tomorrow (Friday, April 27, 2007) again recommending mandatory malpractice insurance disclosure. (See Calif. Bar Still Wants Insurance Disclosure Rule, The Recorder/Law.com, April 23, 2007)  See our prior post supporting mandatory disclosure, which discusses a very good piece in GPSolo magazine (April/May 2003) presenting a debate on the pros and cons. 

PhantomMask James Towery, who chairs the CalBar Task Force, supports the disclosure and wrote in the GPSolo article that the issue is: “When a client hires a lawyer, is the lawyer’s lack of insurance a material fact that the client is entitled to know?“  Virtually all clients simply assume every lawyer carries malpractice insurance — and would very much want to know otherwise.  Towery correctly states: “It is difficult to fashion a persuasive argument that clients are not entitled to that information.” 

Given their position as fiduciaries and their constant assertions of putting clients first, you’d think lawyers — or at least their leaders — would agree with Towery and the Task Force (even if reluctantly).  Nonetheless, many bar groups in California have fought hard for years to remove a prior disclosure requirement and to block it from being reinstated.  Leading the charge against the disclosure rules are several “voluntary” bar associations, including: a) the former state Trial Lawyers Association, which now has the nerve to call itself Consumer Attorneys of California (and soon perhaps the California Justice League); b) the Los Angeles County Bar Association, whose ethics committee chairman weighed in against the proposal; and the umbrella-group Conference of Delegates of California Bar Associations, which once had a website accessible to the public, but now apparently only wants members to know what they’re up to.   Why the fight against the State Bar?

  1.    CalBar is a “unified” or “mandatory“ bar organization: It is a “statuatory public corporation in the judicial branch of state government.  As a unified State Bar, it “unifies” both the regulatory licensing activities applicable to the practice of law as well as the association activities of a professional association. In a unified bar, “membership” is mandatory for all attorneys who must pay “membership” or licensing fees to maintain their license to practice law.” (from Martindale.com profile) Of course, unified bars take anti-client positions at times but, with the right leadership, they can often stand up against the worst mob-psychology of organized groups of fearful lawyers.
  2.    About two-thirds of all state bar associations are “unified.”  Most state bar associations in the northeast and midwest are “voluntary” organizations (see ABA map), as are all county, city and national bar associations. (The pros and cons of voluntary and mandatory state bars are discussed in this Wisconsin Bar Journal article)  Because no lawyer is required to join a voluntary bar association, and thus be required to pay their dues and subscribe to their rules of conduct, voluntary bar association must “earn their keep” by providing services and results that their members like.  Despite doing many good deeds (especially for the poor and various “victim” groups), far too many voluntary bars attract and keep members by fighting to enhance lawyer income, stifling competition and innovation, and concocting horror stories and fairy tales to justify opposing rules and laws that protect their clients.  It’s not surprising, then, that the voluntary bars of Arkansas (see this post) and Massachusetts (discussed here) have voted down proposals to require malpractice insurance disclosure.

WolfDudeN It will be interesting to see whether (as suggested by Law.com), the CalBar task force has watered down their proposal to appease all the angry attorneys, who don’t want the pressure to purchase malpractice insurance or the embarrassment of telling clients they don’t have it.  In our prior post, you can see some of the specious, scary and unprofessional arguments made by the opponents of disclosure.  Another posting, tells of the status of disclosure rules across the country.  The legal reform group HALT supports mandatory insurance disclosure , but would prefer mandatory malpractice insurance coverage for all lawyers.

hidden in shadows 
a laughing mouse…
New Year’s inventory

 
 
midday’s mosquitoes
hidden behind
the Buddha of stone

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

fortune-telling machine
I re-pocket
my quarter

 

…………. by Carolyn Hall - Acorn #18 (2007)

 

 WolfDudeN……..  You can always get the straight scoop from lawyer-haijin Roberta Beary, like in this domestic haibun, from Hermitage 2006:

blue room

it is 6:30 a.m.  my boy has overslept for school again  i am his alarm
clock  for a few more months at least… by this time next year  he
will be gone  please god  not in that faraway war but under a blanket
of textbooks and rock music in the snowy heart of his homeland

empty house
pencil lines streak
a blue wall

————————————————————————–

 

         TVTurnOffLogo  To my surprise, I’m turned on by TV-Turnoff Week, which is April 23 to 29, 2007.  Frankly, I’ve often been annoyed by the “won’t-have-a tv-in-my-home” crowd, who seem just a wee bit too self-congratulatory in their presumed cultural and intellectual superiority, and rather ignorant of the good programming to be found on occasion on the tube.  Nevertheless, my reaction is quite positive to the TV-Turnoff project, which is organized by the Center for Screen-Time Awareness.  (That may be because of my own creeping addiction again to sitting at my computer engaged in weblog punditry.) The Center’s approach seems intelligently moderate: they stress all the good things that can be done with our non-screen time; advocate that we (especially our kids) greatly reduce screen time; and hope that a week [or, if you’re starting late, a few days] without tv and similar devices will help us realize just how addicted we are to television.   There are a few enjoyable quotations on their quotes page (along with some ponderously preachy ones):

  1. “The remarkable thing about television is that it permits several million people to laugh at the same joke and still feel lonely.” -T.S. Eliot
  2. “I really didn’t like TV-Turnoff Week except I did notice that my grades went up and I was in a good mood all week.” -Drew Henderson, 2nd grader, Donora, Pennsylvania
  3. “The one function TV news performs very well is that when there is no news we give it to you with the same emphasis as if there were.” -David Brinkley
  4. “I  find television very educating. Every time somebody turns on the set, I go into the other room and read a book.” -Groucho Marx
  5. “Television is a chewing gum for the eyes.” says Frank Lloyd Wright.

Speaking of Frank Lloyd Wright, and not watching tv, click here to see a haiga based on one of his creations, at the Metropolitan Museum of Art in New York City:

HaigaLightShowS  orig. haiga at Magnapoets (April 25, 2007) 

light show
behind eyelids –
free admission
 

poem: DAVID GIACALONE
photo: ARTHUR GIACALONE
 

 

 TVTurnOffLogo  Any haijin can tell you, there’s a world of things to do communing with nature, detached from television, computers and Blackberrys.

 

vastness of the stars
swallowing
my gum

 

a deep breath
of mountain air
shooting stars

 

soft earth  seesaw 
I might risk
a cartwheel

 

………… by John Stevenson 
“vastness of the stars” - Hermitage, Vol. 2, 2005
“a deep breath” - Geppo, Jul/Aug, 2005
“soft earth” - Acorn, No. 14 (2005)

 

 dwindling heat
a butterfly lengthens
the rosevine

 

park bench    sunglassesG    
an old man slips deeper
into his dream

 

unveiling i listen hard  for spring rain

 

…………………………………… by Roberta Beary - Hermitage 2006 

 

the boy casts   HaigaLightShowSN 
farther than his father–
fine spring rain

………………….. by Carolyn Hall - Acorn #18 (2007)

 

April 18, 2007

overly-protective orders?

Filed under: law news, Haibun — David Giacalone @ 8:31 pm

bpmbFuse The current edition of the Harvard Law Bulletin (Spring 2007) brings news of an important discussion, which I missed when it first arose last Fall, about the proper role of domestic violence protective orders.  This issue’s Ask the Professor column is by Assistant Professor Jeannie Suk, and titled “‘Divorce’ by prosecutorial demand: When do protection orders go too far?.”

        Prof. Suk argues that the feminist movement’s success in getting our society to recognize domestic violence as a crime has had an unintentional result: the overprotective intrusion of the criminal justice system into the homes of the women it meant to protect.  Suk asserts that “The point of domestic violence protection orders — in fact, the point of legal measures against domestic violence — is to protect the automony of women.” (emphasis added)  She complains that plea agreements that make a protection order permanent, keeping the defendant out of the home whether the woman wants him out or not, effectively divorce the couple. Prof. Suk points out that convicting the partner of a violation of a protection order has become a “proxy crime — a way of circumventing the burden of proof.”   Suk’s 69-page article, Criminal Law Comes Home, which details her arguments, appeared last year in the Yale Law Journal, Vol. 116, p. 2, 2006.  Click for an SSRN Abstract

I’m a longtime advocate for criminalizing domestic violence.  As a representative of scores of children who lived in households tainted by domestic violence, I often said that the best way to keep the children safe is to keep their mother safe.  Nonetheless, while being sympathetic to Prof. Suk’s concerns (and believing prosecutors can and should use more discretion and finer-tuned approaches), I am troubled by her notion that “the point” of criminal measures against domestic violence is “to protect the automony of women.“  A society chooses to criminalize behavior because we deem the behavior unacceptable and harmful to the society, no matter who commits it or who the victim is – not to fulfill the political or philosophical agenda of a particular gender. 

bombFuseN It doesn’t take much time observing couples and families with histories of domestic violence to know how high the recidivism rate is and how often a victim who invites the batterer back into a relationship and a home is quickly reinjured, threatened or terrorized.  Prosecutors can and should take this experience into account when shaping remedies and responses that also respect the unique situation of each couple and family.  A mechanism should be in place that permits a stay-away order to be lifted, after an appropriate period, when voluntarily sought by the former victim and buttressed by proof that the defendant has worked on dealing with anger management and any substance abuse or similar issues that may contribute to the likelihood of repeat violence.  If children are involved, special care must be taken, but arrangements should be made for a defendant parent to have appropriate (perhaps supervised) visitation.

  thin winter coat
so little protection
against her boyfriend

. . . . . . . . . . . . by John Stevenson - Quiet Enough (2004)   

    With a little research, I discovered that this topic was previously covered last December by Walter Olson at Overlawyered.com.  He pointed us to an article by Vermont Law School professor Cheryl Hanna, titled “Because Breaking Up Is Hard To Do,” 116 Yale L.J. Pocket Part 92 (2006).  Walter says Hanna “argues that current legal trends appropriately treat alleged domestic violence as a crime against the state and not just against the nominal victim, and that it is wrong to place too much emphasis on accusers’ supposed right to forgive abusive conduct “  Her article is a bit more nuanced.  Prof. Hanna is troubled by Suk’s “near obsession with basing law and policy on what victims want.”  Hanna makes a number of excellent points, including:

  1.  ”To base any legal doctrine or policy on autonomy compromised by violence is misguided and will likely undermine the progress that has been made in protecting intimate partners from abuse.”
  2. “. . . I am more concerned about the under-enforcement of domestic violence laws throughout the country than the over-enforcement that troubles Suk.”  And,
  3. “The goal, then, is to refine our practices, but not to return to a time when the law and its officers were unable or unwilling to intervene when abuse happened behind closed doors. Violence cannot seek sanctuary in our homes. The criminal law’s role is to exorcise it so that love and intimacy can flourish.” 

Prof. Hanna’s piece deserves a full reading, as does Prof. Suk’s.  For now, though, I suggest you first consider this excellent haibun (prose plus haiku) by lawyer-haijin Roberta Beary:

 

stranger danger

IN SCHOOL THEY WARN YOU about stranger danger beware
of all the people you don’t know don’t walk near the bushes keep
to the open street watch out for vans with sliding doors at home
keep the door locked don’t open up for strangers and they leave
out the part about the one with you in a place where no locks
can save you for years too long to count.

funeral over
the deadbolt
slides into place

by Roberta Beary, Frogpond XXVIII:2 (2005)   bpmbFuse
 

June 28, 2006

a summer trip to the Simply Haiku website

Filed under: Haiku or Senryu, Haibun — David Giacalone @ 6:11 pm

During our punditry hiatus, we thought we’d take a day trip to explore the Simply Haiku Journal, whose editors have posted a carnival of Japanese Short Form Poetry for their Summer 2006 edition (vol. 4 no. 2) — haiku, senryu, haibun, tanka, renku, haiga and more, plus related essays and commentary. There are dozens of contributors to Simply Haiku’s Summer 2006 edition, but it should be no surprise that some of the best work is by a handful of f/k/a’s Honored Guest Poets.
haiku from Ed Markowski

raising the height
of her bicycle seat…
spring rain

(for issabella)

the last word
of a short letter…
winter twilight

below zero…
sparrows peck
the snowman’s nose

harvest moon
we move the scarecrow
to the front porch

one to nothing
a full moon shines above
the centerfield scoreboard

……………………………………. by ed markowski

Senryu - on Things

old water fountain
hitting me in the eye
again

suspecting
it’s dogshit…
it’s dogshit

- Barry George

after
his first haircut
a cowlick

- Randy Brooks

tunnel of love
she props the stuffed frog
between us

- Ed Markowski

cool forest lake
as I slip off my shorts the snort
of a bull moose

—— George Swede

in the shower
an economy-size bar of soap
lands on my toe

Tom Clausen

A Haibun by Roberta Beary

aft
er work

the weight of memory at times like this with its hard push of his hand on my bike columbia blue he bought me and me riding solo look at me daddy look at me and he gives me one big wave and then the soft thud in the drive and he’s gone and i have nowhere to look but up at the stars forever changing and the same

vigil over
binding his
hands
with a rosary

always his hand over mine his hard and strong mine little and soft the crush of his hand while we wait for the light to turn green and the cars coming every which way quick he pulls me back safe the hurt of his hand over mine under the streetlamp’s soft glow forever changing and the same

vigil
a
rosary slips over
cooling hands

- roberta beary


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

?? How will you celebrate the Fourth of July? See our posting from a year ago: Independence, fireworks and dissent (July 4, 2005) .

June 2, 2006

let’s let ed do the talkin’

Filed under: Haibun — David Giacalone @ 6:52 pm

class reunion
      by ed markowski


what about denise, the girl who wore patchouli,
and revealed to me the mysteries of inner space
that night on the roof of her father’s liquor store,
with glitter on her cheeks, and the stars in her hair?      
everyone i ask shakes their head and says,
“i thought you knew.”

vivid memories
along with the moon
a cloud takes my shadow

by ed markowski form Simply Haiku  (Winter 2005) 
      

* The new edition of The Heron’s Nest is now available
online.  It contains this little gem from ed:      

cherry blossoms
    the rookie pitcher puts on
        his game face    

          ed markowski - The Heron’s Nest (Vol. VIII: 2, June 2006)

May 31, 2006

the haibun pundit: our premature arrival [and departure]

Filed under: Haibun, Uncategorized — David Giacalone @ 7:54 pm

[note: because we’ve gone into hiatus status, as of June 4. 2006, theHaibun Pundit” concept and weblog name are being put on hold.]

Welcome to the very premature unveiling of the haibun pundit. Due to recent chronic problems at the old Harvard-weblog webserver, the Editor of f/k/a has decided to rush this very imperfect version of his “next stage” weblog into online publication on the new, improved Harvard webserver. If you travel down this Home Page, you will find a few sample posts featuring the new theme and haibun format.

The f/k/a Gang has been searching for something a bit less stressful (and maybe even more effective) than sermons or commentary on the legal profession and its ethics. Frankly, being judgmental has become a physical and psychic drain on all of us here. We’d also like to become a bit more creative and “literary”.

Although we are going to continue to feature haiku and senryu from some of the very best haiku poets around — see our Guest Poet Archive — we are also going to experiment with the “haibun” genre, twisting it a bit to fit into a weblog format that focuses on current events and issues of interest to its Editor (and his alter egoes), and contains relevant links and blurbs.

“Haibun” is a literary and poetic genre with origins in 17th Century Japan and the writings of Master Haiku poet Bashō. It is a “linked form” — and, as the haibun editor of Simply Haiku magazine tells us, “The link is between narrative, prose sections and one or more haiku.” We will be presenting our brand of “haibun punditry” using prose and poems written by the Editor (aka “dagosan“), as well as published haibun written by our Honored Guest Poets.

winding road –

under the influence

of a strawberry moon

- by dagosan - The Heron’s Nest (VII: 4, Winter 2005)

Disclaimer: It is novel, and rather unorthodox, to try to use haibun in a “punditry” context, since haibun usually steers clear of drawing conclusions. Our hope is that it is the punditry rather than the haibun aspect if this union that will be influenced most by the linkage. In addition, please bear in mind that your Editor has never attempted to write “real” haibun before this week. This is, then, a bit of brash experimentation and perhaps a neophyte’s folly. It’s hoped that those who already appreciate the haibun genre will forgive my taking the name in vain. I hope to quickly get the hang of writing passable haibun, while figuring out how to do it in a weblog-commentary context.

We’re going to try to present “non-judgmental” commentary, using a haibun sensitivity — meaning “showing rather than telling,” and using imagery and narrative rather than conclusions, with as much brevity as is possible, given the DNA of the Editor. Most of our home-grown haibun will be followed by links to online news articles and other resources that are (more or less) relevant to the topic. Please let us know how this new approach to our weblog is working for you — and don’t forget that this website will continue to contain the Archives of both ethicalEsq and f/k/a.

 

full tummies

and empty bladders –

soon, vice-versa

 

…………………. dagosan from  simply senryu

p.s. Please bear with us on the formatting of this weblog. We have much work to do with the SideBar, as well as learning some of the basics, like spacing and font use, not too mention images. It’s like starting all over again, after getting too used to the prior weblogging software and architecture..