. . . . five years and holding . . .

Time flies (and flees) for the f/k/a Gang, even when we’re not having fun. At the end of this month, this weblog will stumble upon its 5th anniversary. As seems to happen this time every year, all my alter egos — from Prof. Yabut to haikuEsq — are debating the future of this site:

Do we want to continue? And, if so, how often will we be posting and what will the content be (especially now that the Editor says he’s sworn off producing judgmental material in the realms of lawyer ethics and politics)?

Genuine haiku will always be a part of this weblog but, frankly, haiku alone is not enough to keep my interest — I need to be thinking and writing about matters of substance that have value as entertainment or commentary for myself and others.

So, as we “celebrate” producing thousands of substantive posts over five years, I urge our regular readers (and those who might become regulars) to let us know what we’ve been doing — or could be doing — that will keep them coming.

applauding
the mime
in our mittens

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

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

Meanwhile, the amount of traffic f/k/a gets from Google and Yahoo searches (a couple thousand visits a day) continues to amaze me. It’s good to know that a topic that seems important or interesting (or just enjoyable) to the Editor is liable to be stumbled upon by folks far outside this joint’s circle of denizens, long after the pixels were originally posted. As much as we enjoy the searcher who arrives at f/k/a inadvertently, the purposeful search engine arrival is especially appreciated. They make our frequently laborious attention to detail worth the effort — and, indeed, help explain why we so often include links to our prior (and subsequent) pieces in our posting: to make research and follow-up easier for our valued SEVs (Search Engine Visitors), especially those who might have disagreed with our analysis and conclusions when they first arrived but are willing to dig deeper.

Why am I not surprised? Our April 27th posting “at least they’re upscale nudists” — a tongue-in-cheek response to an NYT article about the new trend in so-called “nakations” — has caused a constant spike of two to three hundred added visitors a day. Our Google placement when “nudists” is searched is amazing and inexplicable. No wonder there is so much sexual innuendo and content during Sweeps Weeks in our media.

Some of our old posts are read virtually every day thanks to pointers from Messrs. Google, Yahoo and Jeeves, and some are read many times a day month after month. The fact that so many people are continually searching a particular topic surely tells us something interesting about what is on/in the mind of the American or global public. But, I’m going to let you draw your own conclusions about the significance of the most frequent search engine queries.

half a glass of wine –
Google keeps asking
“did you mean . . . . .?”

………. dagosan

In no particular order, here are some of the queries that bring SEVs to f/k/a every single day of the year. Those related to “culture” (or Americana) are listed first, and then lawyer-oriented searches. Classic haiku poet Kobayashi Issa, and his translator Prof. David G. Lanoue, assist our presentation.

The meaning of gumbah/goombah.

This question has lured SEVs to us again and again since we referred to U.S. Supreme Court Justice Antonin Scalia as a “tasteless gumbah” (after his crude chin-flip gesture in March 2006) and Evan Schaeffer asked just what a goombah is. Our response “goomba-goombah-gumba-gumbah” keeps ‘em coming, as does a follow-up relating goombas to gossips. So, whether they’ve just been called one, wonder how to spell it, or are still exploring Soprano lore, goombah seekers end up here, with our post being Google’s first result, and Yahoo!’s, too.

making a face
he turns down the pufferfish soup…
teaching the children

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

And, don’t forget the “agita.” Whether they’re looking for the song by the fictional Nick Apollo Forte (from Broadway Danny Rose), or the definition of the Italiante term, our “what is agita?” has been soothing the tummies and curiosity of Google querists several times a day for the past two years. You can blame Ed at Blawg Review for instigating our lengthy discourse on literal and metaphoric acid indigestion.

in winter wind
a churning, churning
in my belly

lying belly-up
yet still singing…
autumn cicada

walking off
a bellyful of rice cakes…
a cold night

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

Gossip is also on the minds of many Googlers. Questions like “Is gossip good or bad” or “why is gossip bad?” bring SEVs here day and night — with search engines pointing to our posting “good gossip, bad gossip” (Nov. 7, 2007). The post delves into the amazing history of the word gossip. [Psst: It’s another topic where f/k/a comes in 1st with both Google and Yahoo! out of millions and millions of results.]

“Ah-choo!”
is someone gossiping about me?
spring journey

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

Prof. Lanoue tells us: “Shinji Ogawa explains that there is a belief in Japan that when a person sneezes, this indicates that someone is talking about him or her.”

the gossip
her yard fills
with leaves

………. from Tom Painting’s chapbook piano practice

Brain-Heart-Over-30: A constant favorite at f/k/a is our posting “did Churchill coin that over-30 maxim?” (June 21, 2005). Are conservatives looking to diss liberals, or liberals wondering who started the slur?

a chestnut hit
an old man…
so the legend says

fool cat–
putting his whole body
into his yowl

leisure class–
“Mosquitoes have come!”
they say

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

We don’t know their motives, but we’re happy to set the SEV’s straight, while also offering our up-dated, pictoral 21st Century Version in “political maturation after age 30” (June 22, 2005):

over 50 + + + thoughtful liberal

my nights of pleasure
are ancient history…
new summer robe

harvest moon–
when my heart’s had its fill
it’s dawn

absent-minded
I’m the scarecrow’s
replacement

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

. . . Parking Tickets and their avoidance are apparently troubling many Americans. Some are wondering (or complaining) about ParkingTicket.com, and find their way to our 2004 post “a better fix than parkingticket.com.” In addition, those irked by parking meters are soak up the information in our post “parking meters 101.”

steady rain
a pickle
in the parking lot

……. by Tom Clausen

Blue Code: Many Americans are interested in the /blue code of silence/ that often keeps police from reporting the transgressions of fellow officers. Google sends them to our “good cops and the blue code of silence” (Dec. 3, 2007). Are they muck-raking journalists, discouraged civilians, or potential whistleblowers?

the samurai street
perfectly silent
spring’s first dawn

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

winter fog
everyone crowds around
the mime

……….. by ed markowski

Scarlet Pimpernels: People looking for the words “they seek him here, they seek him there” — which is a verse from the movie The Scarlet Pimpernel — are also stopping by f/k/a every day, as our 2005 posting “they seek him there” is often the #1 Google result for that query. I’m sure at least some of the seekers are surprised at finding the inspiration for their quest.

playing hide-and-seek
in the grass…
frog

seeking sanctuary
with a sigh of relief?
first firefly

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

Treading on thin ice? A lot of folks apparently are, and the #1 result for an MSN, Google or Yahoo! search for /if we’re treading on thin ice/ is our posting “dancin’ on thin ice” (April 22, 2007), where we try to pin down the source of the notion that dancing makes sense, if you’re walking on thin ice. My introduction to the concept was the 1972 song “Do It” by Jesse Winchester, from the LP album “Third Down, 110 to Go.” The line inspired the following haiga (which, in color, adorns the December page of our 2008 Giacalone Haiga Calendar):

round and round with you
dancing
on thin ice

…. haiga (full size in full color): poem by David Giacalone
photo by Arthur Giacalone (Central Park, NYC, ice rink, “The Gates”, March, 2005)

Speed and Fuel Efficiency: Sometimes, it is very rewarding to see a topic hit the news or prick or national consciousness. We’re especially glad to see how often the issue of fuel efficiency and driving speed is being Googled recently, and that so many SEVs are on clicking on our recent viewpoint positng “speed limits and efficient driving.” Let’s hope opinion leaders and responsible politicians are among those who want to learn more about this topic.

Earth Day –
recycled bottles
in a three-car garage

… by dagosan [April 24, 2005]

Toilet Paper Checks is another relatively recent but popular topic here at f/k/a, thanks to excellent search engine placement (viz., the 1st result in a Yahoo! search, and second with Google). Granted, this is not our most weighty issue, but our posting on the “toilet paper check story” was a timely and much-needed effort to make up for the blawgisphere’s failure to deal with a topic that is clearly on a lot of minds.

spring equinox –
the toilet paper roll
off-center

. . . . . . . . . . . . . by Laryalee Fraser - Simply Haiku Autumn 2006, vol 4 no 3

Baseball Haiku are sought every day by fans of baseball and of haiku. Thanks to our f/k/a baseball haiku page, and our frequent discussion and sharing of the book Baseball Haiku (Cor van den Heuvel and Nanae Tamura, eds., W.W. Norton Press, April 2007), many of the searchers end up at this website — and, we must confess, find much to enjoy.

the toddler
runs to third base
first

bases loaded
a full moon clears
the right field fence

. . . by Tom Painting from his chapbook Piano Practice

Sex offender residency issues bring many SEVs to this weblog everyday, making our efforts — we’ve written over 20 posts on the topic — seem worthwhile. That’s especially true because many members of the public and their “leaders” are looking to run SOs out of town on a rail, or ban them from even entering, and we’re happy to give them a little food for thought before they do.

Ill-conceived sex-offender laws make a good transition to the law-and-lawyer-related posts that are most popular with SEVs. Because so much of our analysis of lawyer ethics and professional responsibility issues (especially concerning fees) falls on deaf ears within the legal community, we’re pleased to be here to offer guidance and opinion (or maybe a little hope) for general members of the public interested in related topics — and to an occasional open-minded law student or member of the bar. As we recently noted in another context, Upton Sinclair helps explain much of the deafness of the Bar when it comes to issues of legal ethics:

“It is difficult to get a man to understand something when his job [or income] depends on not understanding it.” . . . Upton Sinclair, US novelist, investigative journalist & socialist politician (1878 - 1968)

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

the thief
is just as he is…
hazy moon

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

[Lawyer-felon] Andrew J. Capoccia: brings a lot of attention to f/k/a, after we gave a lot of attention to him. I don’t know whether our SEVs are seeking debt-reduction relief or were victims of Capoccia’s fraud and avarice, but people querying “Andrew Capoccia” bring a lot of hits to our posting “blame bar counsel for the Capoccia Scandal” (March 8, 2005), and related pieces.

a reed thrush–
chasing the incompetent
thief

stealthily
those have turned pale blue…
cherry blossoms

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

Killing All the Lawyers is on the mind of a lot of people with internet access. Whether they are literary scholars or irked clients, the f/k/a Gang is happy to help them understand Shakespeare’s famous quote from King Henry VI, Part II — with our piece “Shakespeare and Lawyers” — especially since the organized bar has been going out of its way for over a decade now to spread misinformation about what Shakespeare meant (with their delusional propaganda insisting that Shakespeare felt lawyers were the great bulwark against anarchy and revolution).

killing a chicken–
the willow at the gate
so green

it’s a man-killing
mushroom, true…
but pretty!

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

– Lucky Issa: Apparently he never ran across any lawyers in his lifetime of travel in 18th Century Japan. David Lanoue has translated over 8000 of Issa’s poems at his Issa website, and not one of them — we searched! — mentions a lawyer.

By the way: Looking for an image to use with this blurb, I stumbled upon the novel “Kill All the Lawyers: a Solomon vs. Lord Novel” (Bantam, 2006), from a best-selling mystery series by ex-lawyer Paul Levine. It has great reviews for wit and suspense, and for the gender battles between the two main characters, who are partners in both law and love. Two days later, I saw the book at our public Library’s 3-for-a-dollar used paperback sale and knew I was fated to read it. So far, I’m only a couple dozen pages into the book, but have a feeling that I will become a Solomon & Lord fan. For instance, you gotta like a book that, on page 3, has a 12-year-old telling the lawyer protagonist: “You’re confusing irony and coincidence, Uncle Steve.”

Which reminds me: people Googling /ironic vs. coincidental/ come to f/k/a almost every day, being brought to our irony posse discussion. It’s good to see that this issue isn’t just Prof. Yabut’s pet peeve.

Hourly Billing has been much-maligned in the legal profession during this millennium, and alternatives to it much-praised. Because much of the complaints about hourly billing is undeserved (and self-serving), and takes attention away from the general greed that would cause excessive lawyer fees under any billing system, it is rewarding to see how often SEVs are checking out our posting “broadening the houly-billing debate,” along with our many frank assessments of the value-billing and premium-pricing bandwagons.

cherry blossoms–
residents of this world
a short time

going out to fart
about ten times…
a long night

the bill collector
with shoes on steps inside
to the hearth

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

The ethics of Contingency Fees and Lawyer Fiduciaries are also topics that are too-often ignored by lawyers, but thankfully not search engines. We are thrilled, therefore, that SEVs arrive on our shores daily to read our condemnation of the standard contingency fee — e.g., “contingency fees (part 4 of 4): ethical duties” (April 7, 2006) — and our exhortation to act as fiduciaries when setting fees. E.g, here and there.

for the fat green frog
crouched on the log
time is flies

……………………………….. by George Swede - from Almost Unseen

Bankruptcy and Bar Admission is Googled surprisingly often, and brings visitors to this weblog to read- “Bankruptcy and Bar Admission - a proposal” (Feb. 2, 2004). Let the client (and bar examiner) beware.

at his house
though he’s dirt-poor…
plum blossoms

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

Unhappy Lawyers and lawyer unhappiness

People are constantly looking for Professor/Dean [now federal district] Judge Patrick J. Schiltz’s article,”On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession,” 52 Vand. L. Rev. 871 (81 pp pdf), and Google directs them first to our posting declaring it to be mandatory reading.

night work–
outside the mosquito net
she thinks of her child

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

Examination Prayers — are on the minds and lips of many a Googler. The quest send them morning and night to f/k/a, and our posting “wanted: a law school exam prayer” from December 2005. [Aside: my brief stint as an adjunct professor suggests that it might just be law professors in search of examination prayers.]

today
even the pigeon
says a prayer

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

Finally, in case you’re stuck, along with the f/k/a Gang, inside the “bad-memory century” — see results from Google and Yahoo! searches — we’d like to remind you that the whole Gang is hoping you’ll let us know whether we should retire from “blogging,” or what we might do that would keep you coming back to f/k/a.

Bonus: One thing I plan to do even more of here at f/k/a (if the weblog continues), is bringing you haiku by our Honored Guest poets that are not available online — poetry being published in “hard copy” journals, books and anthologies but not in cyberspace. I want to urge our poet family to continue to send me their off-line work, so we can make it available to a broader audience by posting it at f/k/a.

For example, here are haiku and senryu by Hilary Tann, from the Fall 2007 issue of Upstate Dim Sum, the bi-annual anthology from the Route 9 Haiku Group.

Oakland sojourn -
warm lemons
from the ground

living alone -
the unexpected familiarity of my voice
answering a call

cooking for my parents
I try to remember
what mother taught me

snowy sky -
the arched backs
of milkweed pods

steady rain
street numbers climb
to the 100s

leaving him -
she takes her pebbles
and pressed flowers

Indian summer
algae floats
downstream

summer haze
cottonwood dander
on the porch steps

………………………. Hilary Tann from Upstate Dim Sum 2007/II

Here are offerings from the new Moonset by two of our Honored Guest Poets. Enjoy.

the sharp edge
of a bluegill’s fin–
spring becomes summer

…… Andrew Riutta - Moonset 4:1 (2008)

autumn rain
a hopscotch loses
its eight

………. Roberta Beary (3rd place tie, Moonset Haiku Contest, Ed. 4:1)

……………………………………………………………………

“Last Rites”

chest pains
breathing in
the sunset

hospice bed
the get-well roses
stunted bloom

thin sunlight
. . . eyelids flutter
in morphine sleep

deathwatch
the arrival of fresh
coffee

day of the obit
inside his wallet
me at eleven

…………… by Roberta Beary - Moonset 4:1 (2008)

M ning. . p.s. Moonwhile, if you have an opinion on the propriety of showing a little cleavage at a work dinner, drop by and opine at Scott Greenfield’s Simple Justice — see “Decolletage or Disaster?” (May 10, 2008), which discusses the Wall Street Journal column “Risky Business: Decolletage At a Work Dinner” (WSJ, by Christina Binkley, May 8, 2008). The f/k/a Gang is showing its age this afternoon: preferring napping than musing over cleavage. Kinda scary. Back in 2005, we did wonder about “too much disclosure?” in a posting featuring Erin Brockovich.

training bra
on the clothesline
half moon

one button undone
in the clerk’s blouse I let her
steal my change

……….. by George Swede - from Almost Unseen (Brooks Books, 2000)

(larger)

fine print on her t-shirt -
she glares at me
for squinting

…………. photo-haiga: senryu by David Giacalone; photo by Mama G. (1950)
orig. posted in grayscale at MagnaPoets Japanese Form

in her silence
the tea kettle
announces winter

his headstone
rises with the moon
above the silence

my mistake
untangling the orchard
from your hair

………………… by Andrew Riutta
“his headstone” - Full Moon Magazine (2005)
“my mistake” - Simply Haiku (Autumn 2005)

The TU reported this morning that: “Susan E. Savage, Schenectady County Legislature chairwoman, said in a prepared statement contractors are being asked to respond to both the original bid specifications and two alternate bids meant to lower costs and shorten the period when the main branch will be closed.” The article explained that:

“One alternate plan focuses on replacing major systems in the building including removing asbestos, installing a new heating and air-conditioning system and improvements to the first floor.

“The second alternative focuses on using the upstairs of the facility to house library programs, eliminating the need to change the basic footprint of the building. The second-floor space is now used for administrative space and book storage.”

Of course, such minimal disruptions would have been incorporated into any reasonable construction plan from the start — to respect the needs and desires of the public and in line with the usual practices of contractors. So, I’m not about to fall all over myself praising the County for their quick, survival-0riented responsiveness to the will of the people. (Nor fall for Legislator Gary Hughes’ attempt to let us know the was “concerned” — but impotent? — from the start.) Bernard Allanson, who has to work with Library and County officials as the president of Friends of Schenectady County Public Library, was a bit more diplomatic than I feel like being today. The Gazette reported that:

“Allanson said then he thought the Legislature pushed the original project through without public discussion. On Saturday, he was encouraged to hear officials were backing off.

“ ‘I would say that the public has had a significant impact on the Legislature. I applaud the Legislature for listening,’ he said.”

I wish Chair Savage had put her prepared statement on the County website, so we could read it directly. The Gazette tells us that “construction won’t happen until the end of summer at the earliest, since officials have postponed the deadline to seek the additional bids. They had planned to review bids May 22.” Naturally, I am quite pleased that the Central Library will probably be able to stay open with only the normal occasional closings and reduced hours that are expected during a major construction.

Clearly, we need to continue to be wary, as the new bids are solicited and reviewed — to remember just how cavalierly (savagely?) officials were willing to damage our community in order to save a few dollars, while being totally oblivious about the need for and impact of such a lengthy closing. Our County leaders need to understand that the public is willing to pay a premium, if necessary, to assure minimal disruptions in the vital services and role that our Central Library plays in the life of this community.

Despite our relief, I hope many concerned citizens will attend the County Legislature’s May Meeting Tuesday at 7 PM, to let them know that their first approach was totally unacceptable — both the lack of public input and the lack of respect for the Library and its users — and that our leaders are, at best, on probation and will be monitored closely by the Library’s friends.

Many thanks to all the members of the public, including the Friends of Schenectady Public Library, who quickly and effectively put pressure on County officials to reverse their disastrous plan.

p.s. It is not all sturm-und-drang in Schenectady County this weekend. I want to express my love and gratitude to Mama G. on Mother’s Day.

spring sun
warm on my back
mother’s day

Sunday morning –
humming a tune
my mother taught me

…………… [Schenectady’s] Yu Chang from Upstate Dim Sum

And, to show you this lovely view from my backyard last night (May 10, 2008), looking across the Mohawk River from the Schenectady Stockade across to Scotia (click for a larger version).

update (May 10, 2008): This cheery tulip display called to me while I was strolling up N. Ferry St. this afternoon. Located behind 14 N. Ferry, it simply couldn’t be ignored. [larger here]

………………………………………. click to see them in context:

first-date stroll
April tulips
still closed tight

.. by dagosan

A couple blocks away, in Riverside Park along the Mohawk River, slightly-past-peak tulips sway in the wind while overlooking the Isle of the Cayugas (larger).

blustery day
one tulip
keeps his head

………….. by David Giacalone, Simply Haiku, Autumn 2007, vol 5 no 3

[larger; uncropped]

come on,
you’ve got to see the . . .
!!! decapitated tulips !!!

….. by dagosan

Missed already. The First Reform Church tulips we showed you (along with our cherry blossoms) on April 24, 2008 (larger), have already lost their heads and have been replaced.

Despite their transient nature, tulips and their spirit live on in haiku. Here are a bed-full by members of the f/k/a family of poets:

darkening clouds
I press cold earth
on tulip bulbs

………. by Laryalee Fraser - The Heron’s Nest X:1 (March 2008)

shuttered room;
I enter
with tulips

…. by paul m. - finding the way (Press Here, 2002)

trespassing –
three tulips
in an unkempt yard

eighth day of rain
dandelion clocks
taller than the tulips

….. by dagosan

(orig.)

sudden storm
the tulips
brim over

… by matt morden from Morden Haiku (May 8, 2006)

Arlington
the tulips
wide open

….. by Carolyn Hall - The Heron’s Nest Vol. VII -

- haiga: poem by David Giacalone, photo by Arthur Giacalone, at Highland Park, Rochester, NY.

. . . Albany [NY] will be celebrating its 60th Annual Tulip Festival this weekend, May 9 - 11, 2008, in Washington Park. The Festival has “over 200,000 tulip bulbs blossom[ing] into a sea of colors just in time for Mothers Day.” Friday evening (tonight, May 9) will introduce “Night Fire, a unique art-installation of the elements involving local artists and community partners to create a special 60th anniversary ceremony.” Read about Night Fire in “Artwork of fire, water for city’s 60th Tulipfest: Burning steel sculpture in Washington Park Lake will be center of “Night Fire” event” (Albany Times Union, Feb. 5, 2008); and “Festival flambe” (TU, May 8, 2008).

. . . . . . update (May 10, 2008): At the Times Union photogallery, you’ll find impressive photos of the Night Fire windmill burning and the resulting steel tulip. (purchase them at the TU Online Store.) Even better (6 PM): Here’s a two-minute video clip from WRGB.com, Channel 6 in Albany, which includes Night Fire burning, plus some gorgeous tulips.

Click this link for some great TU readers’ photos of the Albany tulips in Washington Park.

. . .

-Haiga: poem by david giacalone; photo by Arthur Giacalone; orig. posted at MagnaPoets Japanese Form, May 22, 2007.

sunny morning —
pink tulips in bloom
on the preschool’s walls

.. by Billie Wilson - Haiku Harvest (Spring 2001)

- don’t forget our f/k/a Mother’s Day Haiku Collection (originally posted May 10, 2007).

preview (May 10, 2008): Some time soon, we’ll feature lilacs again. They inspired dagosan today at his little weblog.

post-script (May 12, 2008): I see that Prof. Ann Althouse is proud of the blossoms (and flower boxes) in her Brooklyn neighborhood, too.

update (May 14, 2008): I joined Elizabeth and Barry last night for a quick trip to the Albany Tulip Festival at Washington Park. A lovely spring evening held many delights, and ended with a feast across from the Park at El Loco Mexican Cafe. Here are a few shots I snapped:

[larger]

[larger]

[larger]

[larger]

[larger]

[larger]

orig. haiga at MagnaPoets (May 10, 2007)

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

poem: david giacalone; photo: arthur giacalone

i follow her recipe,
but something’s missing…
mother’s day

……. by ed markowski

Here are three from the new edition of Upstate Dim Sum:

calling home
the color of mother’s voice
before her words

………………… by Hilary Tann - Upstate Dim Sum (Vol. 2008/1)
orig. pub. The Heron’s Nest IX:4; also “dust of summers: RMA 2007”

watching a rerun
my granddaughter
in my daughter’s arms

……… by Yu Chang - Upstate Dim Sum (Vol. 2008/1)
orig. pub. Frogpond XXXI:1 (Winter 2008)

winter sky –
an empty nest
left behind

. . . . by Tom Clausen - Upstate Dim Sum (Vol. 2008/1)

update (May 11, 2008): See our post “outcry earns a reprieve for Schenectady’s Library” (May 11, 2008), which explains new plans by County officials to ask for alternative renovation bids that hopefully would reduce disruptions in service at the Central Library.

Despite our relief, I hope many concerned citizens will attend the County Legislature’s May Meeting Tuesday at 7 PM, to let them know that their first approach was totally unacceptable — both the lack of public input and the lack of respect for the Library and its users — and that our leaders are, at best, on probation and will be monitored closely by the Library’s friends.

Many thanks to all the members of the public, including the Friends of Schenectady Public Library, who quickly and effectively put pressure on County officials to reverse their disastrous plan.

Update & Notice (May 10, 2008): County Legislature May Meeting: Members of the public will have the opportunity to speak their minds about closing the Library during its renovation on Tuesday, May 13, at 7 PM, at the County Legislature’s monthly meeting (held at the County Office Building, 620 State St., 6th Floor). However the May Meeting Agenda does not contain any resolution concerning the Library expansion project, and no formal action can be taken on that topic. The agenda is quite lengthy, so there will be a long wait before the floor is opened to the public for general comments.

Compromise Plan: It appears that County leaders (e.g., Kathy Rooney the County Manager, Susan Savage, Legislative Chair, and Gary Hughes, chair of the Legislature’s Library Committee) have heard the public outcry and are working on a compromise plan that would improve the way the Library’s current building is used (e.g., putting public space on the 2nd floor), and replace the operating systems, without changing the current shell of the building, and in a manner that will greatly reduce the period(s) in which the building will need to be closed. I have no idea how the Legislature could be accepting bids — or contractors crafting their bids — on the project before the revised plan is adopted.

Rally Against Closing the Library: (May 12, 2008, Monday, 8 AM): The Rally has been canceled, due to the news about alternative plans that would avoid a long closing. I’m betting it is merely postponed, as we will very likely need to nudge along our “leaders” on this project long before the construction is over.

Original Posting:

“It is difficult to get a man to understand something when his job depends on not understanding it.” . . . Upton Sinclair, US novelist, investigative journalist & socialist politician (1878 - 1968)

There are times when the inane actions of our local “leaders” or our justice system here in Schenectady County [NY] leave me merely amused or bemused — affectionately shaking my head, as I often do over the foibles or feeble-mindedness of relatives and friends. But, there are other times — as with my sustained objection to sex offender residency restrictions — when I am truly outraged by the combination of duplicity, incompetence and high-handed arrogance that leads to inexplicably dreadful decisions by our so-called civil servants and political leaders.

The totally-unexpected announcement last week (after years of “planning”) that our Central library would shortly have to close for 18 months, due to the expansion and reconstruction of the building, clearly calls for outrage rather than bemusement.

See “Library to shut during project: Trustees: Closure will make expansion quicker, cheaper” (Schenectady Daily Gazette, by Kathleen Moore, May 1, 2008).

As I have already left rather tart Comments online about the closing in response to this, and this, and that Gazette article, I shall attempt to be more dispassionate in this posting, despite my frustration.

At the bottom of this posting (under the fold, if you are reading this from our homepage), I’ve listed the major articles, editorials and Letters to the Editor about the library closing that have appeared in the Daily Gazette since the “plan” was announced publicly five days ago. I’ve included particularly illuminating quotes from each piece. In addition you can find continuing coverage and comments about the library closing at Schenectady’s Virtual Internet Community, and the Rotterdam NY Internet Community website. The f/k/a Gang will attempt to keep that list up to date as this story unfolds.

Want to express an opinion to our elected or appointed officials? Click here for the Schenectady County Government website, and here for contact information on our County Legislators. Library contact information is here.

Members of Friends of the Schenectady Public Library have responded quickly and forcefully to this crisis. See, e.g., “Library closure plan draws fire” (Daily Gazette, by Michael Lamendola, May 6, 2008); and “Speak out against plan to close Sch’dy library” (Letter to the Editor, Daily Gazette, by John Karl, May 6, 2008). The Library has attempted to diminish the importance of the closing by noting that while 1400 people use the Central Library every day, a mere 10% of that “traffic” comes from the downtown 12305 zip code, where the Library is located. (Their implication, I guess, is that since the others are driving to the Central Library, they can just drive to a nearby branch. For the record, I live a mile from the Central Library and go there almost every day. It will cost me about $2 in gas to go instead to the nearest non-tiny branch.)

In an Op/Ed piece on Sunday, Phil Sheehan did a good job showing how bogus those numbers are. See “18-month library shutdown a major disservice” (Daily Gazette, May 4, 2008) However, even if the 1400 average daily traffic number is accurate (measuring all those who come to the Library, and not just those who use their card), it is an impressive number. Fourteen hundred people is 1% of Schenectady County’s population, which was 144,000 as of 2005. One percent of our population goes to the Central Library every day.

How important is the Central Library to the Schenectady County Public Library system? SCPL has ten branches/locations. Nevertheless, according to the Library’s 2007 Annual Report, last year (using my math and their numbers) the Central Library accounted for:

• 44% of total circulation to Patrons
• and 42% of total circulation to other libraries
• 55% of all Adult library volumes; and 32% of the more widely spread juvenile volumes

• 71% of all Reference services provided
• 83% of all Adult Programs offered, and almost 92% of all attendees at adult programs

• In addition, there were 152,606 visits to the Central Library’s Technology Center in 2007 (averaging over 430 persons per day).

Clearly, as should be obvious even without culling the statistics, the Central Library plays a key role in achieving SCPL’s Mission, which is:

“. . . to satisfy our community’s educational informational, cultural and recreational needs by providing free and open access to a comprehensive range of materials, services and programs.”

As “citizen” Library Trustee John Karl aptly noted in voicing his opposition to the closing: The operation of the Central Library “is the most cost-effective and efficient service in the whole county.” Deciding to close the vital heart (and lungs and brain) of the County’s library system is such a bad idea that even a cynic has a hard time imagining what was going on in the minds of the politicians and bureaucrats responsible for the idea. I’m willing to believe that Library Director Andy Kulmatiski was told “endorse, fight for, and implement the 18-month closing or lose your job.” (Thus, as Upton Sinclair predicted, making it hard for Andy to “understand” the uproar of his staff and the community.) But, for the life of me, I can’t even guess what motives could possibly be behind such lousy policy coming from our County Government.

Despite the failure to reverse similar lame-brained and force-fed schemes concocted by our “leaders” (particularly Susan Savage, the Chair of the County Legislature), I’m hopeful that a combination of political courage (there’s gotta be one Democratic on the Legislature with a little backbone) and public outcry will somehow bring about a far more palatable solution.

In closing, some schadenfreude: This book might make you feel a little better about our plight in Schenectady County: It’s Nancy Alonso’s Closed for Repairs, with 11 short stories about conditions in Castro’s Cuba.

my children
don’t want to stop
historical market

… by Tom Clausen - Upstate Dim Sum (Vol. 2008/1)

Some Upstate Dim Sum might be your best bet for local (haiku) culture, if the Central Library does close (and even if it stays open). UDS is a “biannual anthology of haiku and senryu,” published by the Route 9 Haiku Group, which is comprised of four well-known haiku poets who live in Upstate New York. Two of the members, Hilary Tann and Yu Chang are professors at Union College.

The newest issue of Upstate Dim Sum (Vol. 2008/1) came in the mail this afternoon. Here are three poems each from Yu and from Hilary:

old farmer
his gift to his widow
a blueberry field

mid-October
choosing a warm spot
to wait for your call

late night ice cream
our cat licks
around the spoon

….. by Hilary Tann - from Upstate Dim Sum (Vol. 2008/1)

end of the storm
sunlight returns
to the kitchen

Indian summer
chocolate kisses
on my cheek

white chopping board
beet greens
in a pool of red

………. by Yu Chang - from Upstate Dim Sum (Vol. 2008/1)

- - Below [click “more” if you are on the f/k/a homepage] you will find links to articles and opinion from the Schenectady Daily and Sunday Gazette, and other source, concerning the closing of the Central Library, along with excerpts from the pieces. –

(more…)

You can click on the sample calendar pages below to go to a full-size page suitable for printing. Or, see a larger version of each original haiga by clicking here (for “fresh graves”) and there (for “mother’s day”).

Rather than rely on the memory-challenged f/k/a Gang to bring you each month’s calendar page, we suggest you click the links above to obtain printable versions of each complete haiga calendar (see our prior post from last December for descriptions and links).

fresh graves
for civilians -
gang colors everywhere

……. by dagosan

dad on the sofa,
mom at the stove —
it’s mother’s day

…………………… by dagosan

p.s. On a more serious note, see Geoffrey Rapps’s post “They Shoot Horses Don’t They” at Sports Law Blog (May 4, 2008; hat tip to Ed at Blawg Review), which notes that runner-up Eight Belles broke both ankles and had to be put down at the end of yesterday’s Kentucky Derby.  He points to Kentucky’s Cruelty to Animals Statute, and says:

“Imagine if every year, one player died in the Superbowl. Or if a player died every year during the NBA finals. Would we tolerate such a result? Should it matter that the athletes who are pushed beyond the quite literal breaking point are animals?”

fruitstand apples-
the rich smell of horses
on my hands

by Billie Wilson  : HSA Northwest Region Members’ Anthology, 2000

the great lord
forced off his horse…
cherry blossoms

is that dew
the horse’s tears?
rice blossoms

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

TCL is too big — too complete. Every edition has far too many interesting, useful, often challenging, articles and features for me to read and digest. It simply doesn’t leave me with enough time to get my weblog written, friends and family attended to, haiku crafted, and naps taken, so that I’ll feel like a well-rounded (retired) member of the legal profession. And, the topics covered by TCL are almost always too important to ignore.

Case in point: The newly-posted current edition of The Complete Lawyer (Vol. 4 No. 3, May-June 2008), which focuses on A Sound Mind in a Sound Body. It reminds us that “Nearly 75% of TCL readers are at risk for burnout and 45% suffer from high levels of acute stress.”

The burnout is “the result of high levels of stress over time, [and] is associated with fatigue, overwork, and not enough time to get things done.” And, as you lawyer already know, the “Acute stress shows up in anxiety, difficulty concentrating, poor memory, and indecisiveness.”

To help lawyers avoid burnout and anxiety, and achieve a “sound mind in a sound body,” the new issue “focuses on proven antidotes to stress: some are traditional, such as regular exercise and improved sleep; others, like meditation, yoga, and taking cognitive rest breaks during the day, are less mainstream but have proven to be equally effective.” Among the 40+ articles and columns in the current issue, you will find:

• Are You As Stressed As Other Attorneys? by Ellen Moran, et al.

• When You Lose Sleep, Your Work And Health Suffer Dramatically by Thomas M. Heffron (who tells about judges falling asleep on bench, and lots more)
• How To Master Stress by psychologist and career coach Maynard Brusman; and
• Vacations Aren’t Luxuries by Robert Hockett

. . . . and much, much more (including mind-hygiene exercise tips from Idealawg’s Stephanie West Allen). That’s the problem. Frankly, I got tired (and synapses started misfiring) just selecting and listing 10% of the TCL pieces for you. I challenge you to read the entire new edition of TCL and still have energy left to hide your unfinished weekend to-do list, much less to achieve a sound mind and body.

What are we supposed to do tonight? Finish reading the newest TCL, or start preparing our Menudo Soup for Cinco de Mayo? [See our prior post “may 5th menudo” for Cinco de Mayo lore.]

After glancing at the table of contents for the May-June 2008 issue of The Complete Lawyer, our cranky Prof. Yabut was heard mumbling: “What ever happened to the good old days, when a guy could peruse all the good stuff at an online website for lawyers while his first cup of coffee was brewing?”

new issue
of TCL
the sun sets without me

… by dagosan

Also, see the Advisory Judicial Ethical Opinion (No. 08-76, April 24, 2008), which concluded that the judges’ pay raise lawsuit does not require recusal, but also stated that an individual judge must step aside if he or she has “genuine doubts” regarding the ability to be fair

This time last year, I was chastising Chief Judge Judith Kaye for her tacky use of Law Day Ceremonies to threated a lawsuit to get their pay raise. This year, she is — at least publicly — doing her best to prevent the judicial work slowdown, and deny its existence. See “Chief Judge Writes N.Y. Governor to Deny Work ‘Slowdown’ by State’s Judges” (New York Law Journal/Law.com, April 30, 2008); and “Chief judge cautions against recusals as protest” (AP/Syracuse Post-Standard, May 2, 2008). The AP story says:

Kaye, who after turning 70 will retire at the end of the year, in an e-mail Thursday cautioned them not to refuse to hear lawmakers’ cases as a form of protest. She wrote that “using recusal as a strategy rather than as a matter of individual conscience” would be perceived as retaliatory and weaken their cause.

sua sponte –
her honor
catches me staring

. . . by dagosan

Our rabble-rouser weblog friend Scott Greenfield at Simple Justice disagrees with Judge Kaye, and instead is egging on the judges to “stand up for themselves” and ignore calls to maintain their judicial dignity, because “there’s nothing dignified about poverty.” As I told Scott in a Comment at his website,

It is not a matter of dignity (and you know how often I deride our profession’s Dignity Police at my weblog); it is a matter of duty. No judge has the right to fabricate reasons to recuse himself or herself as they are doing here in order to pressure legislators.

I believe that judicial salaries should be higher, but that does not justify using a judicial variant of the Blue Flu. If pay is intolerably low, then an individual judge should resign. There are dozens of competent lawyers (some making far less now and some much more) who would gladly fill each of their slots on the bench at current salary levels. [Indeed, in many locales across the State — including Schenectady County — fulltime judges are among the highest-paid members of the legal profession (starting at $108,800), and they get plenty of other perks.]

This work action will indeed cause the judiciary (and unfortunately the entire justice system) to lose the respect of the average New Yorker.

My position here is similar to my opposition to the illegal boycott tactics used in Massachusetts by their “bar advocates,” in their fight for higher assigned counsel fees. It may be old fashioned, but I really do hold lawyers and judges to a higher standard than I hold your run-of-the-mill politician or bureaucrat — especially when the dispute really comes down to a matter of money.

My bottom line:

• judges should know better than anyone else that good ends do not justify unethical or coercive means — especially when the “end” (no matter how dressed up in cries of constitutional crisis) comes down to personal financial gain
• if any particular judge “doubts his/her ability to remain impartial” merely because a lawyer works for a firm that includes a NYS legislator, he or she does not have sufficient judicial temperament to stay on the bench and should leave

Hey, it’s Saturday afternoon, and thoughts of haiku (not court hi-jinx) should be on my mind. Before Mainichi News posts its May haiku offerings, here are a pair of poems from its April edition, by two of f/k/a’s Honored Guests. I had planned to post these poems before I decided to write about the judicial slowdown. So, any resemblance to a judge dead or living is purely coincidental.

spring thunder
dust from a slap
on the horse’s rump

…… by w. f. owen - Mainichi Daily News Haiku (April 2008, No. 706)

offshore breeze –
a girl with wild gestures
where the wave breaks

…….. by Jim Kacian - Mainichi Daily News Haiku (April 2008, No. 706)

For example, my dear friend and much-honored Washington lawyer-poet Roberta Beary often passes on links about unhappy and depressed lawyers. And three days ago, she sent me a link to the Washington Post article “Nap Time” (April 29, 2008).

tired of feeding
on the horse
the horsefly naps

afternoon nap
our bare bottoms
kiss

…….. by David G. Lanoue - Dewdrop World (2005)

In a nation where naps are traditionally associated with small children and old folks, I had to wonder what makes me the target of a “Nap Time” piece? Why would the topic of naps make a talented, attractive, charismatic woman think of me? Slowly, of course, my paranoia (and fantasies) died down, and I recalled just how often I mention naps and napping at this weblog, and post haiku and senryu on the topic. See, for instance:

• Our posting “nap room ethics for lawyers” (Aug. 22, 2007) where we discussed David Lat’s posting at Above the Law about corporate napping, as described in the NYT article “That Yawn After Lunch Is Perfectly Normal” (New York Times, Aug. 19, 2007). While Lat asked “Biglaw Perk Watch: Nap Rooms?”, we opined:

With the snowballing Graying of the Bar, and the ethical duty of law firms to protect clients by putting into place procedures that will help compensate for the age-related physical and mental problems of older lawyers [see my article “No Senior Discount at the Ethics Bar” (The Complete Lawyer, Vol. 3 #4, July-August 2007)], it appears to be an ethical violation not to furnish nap rooms for attorneys at any firm with Boomers and other Geezers on the roster. Throw in Americans with Disabilities Act arguments, and age discrimination/EEOC issues, and we have the makings of a great cross-generational campaign to make sure lawyers can nap in comfort and without stigma in law firms across the nation. So, get to it Lat et al, your elders are here with moral support and all the mentoring you need (right after our afternoon nap, of course).

• And the piece “naps and curses: horizontal punditry” (June 6, 2007), where the f/k/a Gang momentarily came out of a sleepy punditry hiatus to note that Bob Ambrogi of LegalBlogWatch had put the spotlight on “A New Zealand law firm that encourages its professionals to take naps if they are sleepy” — you see, the firm Meredith Connell had just won the country’s top work-life balance award, “offering workers flexible work hours to take account of personal commitments.”

within the red wine
a nap in my chair

Discovery channel –
an older male vanquished
heads for the hills

… by Tom Clausen - Upstate Dim Sum (2003/II)

Suddenly, and especially after reading the WaPo article, I was beaming. Roberta didn’t think I was over the hill and needed more naps or another rocking chair. She was reaffirming my being ahead of the curve (due, frankly, to the lessons learned living with Chronic Fatigue Syndrome) on the importance of napping to an enlightened and efficient life and career.

That’s it: In his article, “Nap Time: Though the Practice Is Fading in Some Places, Experts Find Benefits In Midday Slumber. And a Few Firms Are Even Open to Shut-Eye,” Dennis Drabelle merely updates and expands upon themes we’ve been raising and endorsing for years here at f/k/a. Now, I feel a whole lot better (or, I will, as soon as I finish this long posting and head to my futon for a tardy mid-morning nap).

afternoon nap
i fall asleep
in a dream

………… by Ed Markowski

Drabelle has, indeed, done a good job of highlighting the new wisdom about napping. After noting that his own former nap resistance “put me in sync with the American way of sleep: Do it all at once and strictly at night,” he explains:

“Traditionally, we’ve begrudged ourselves naps. They may be forced on toddlers, recommended for pregnant women and tolerated among senior citizens with nothing better to do, but they’ve been frowned upon for worker bees in their prime. Recently, however, sleep scientists have discovered advantages to napping, which they view not just as solace but also as something akin to brain food. No longer written off as a cop-out for the weak and the bored, the nap is coming into its own as an element of a healthy life.”

Other interesting points in the article include:

• “When you take a look at American history, we might seem to be a nap-friendly people. After all, some of our most productive figures napped shamelessly during the day, among them Benjamin Franklin and Thomas Edison.”
• “Napping was more valued on the other side of the Atlantic, where the habit’s foremost champion was probably Winston Churchill. In ‘The Gathering Storm‘ . . . the British statesman wrote, “Nature had not intended mankind to work from 8 in the morning until midnight without the refreshment of blessed oblivion which, even if it only lasts 20 minutes, is sufficient to renew all the vital forces.” [Editor’s note: Hmmm. Although Churchill never coined that maxim about hearts and brains and age, he apparently had some very good advice for the over-30 crowd.]

• And, “Elsewhere, the nap is winning friends and invigorating people. Some new studies make dramatic claims for it. Taken in the workplace, naps can increase productivity and reduce ‘general crabbiness,’ according to a just-concluded 25-year survey of the practice in industrial countries.” Nonetheless, Drabelle reports that, despite its honorable napping tradition, “In 2005, the Spanish government canceled the siesta for its employees, although it offered them flex time for easing into the new regimen.”

chilly day in May -
the old cat naps
in a sunny window

rainy christmas
while we nap
the lawn goes from white to green

no nap
no stroll
the writer grinding teeth

………………. by dagosan

Drabelle concludes with a warning that “Severely troubled sleepers should consult a physician about fixing their slumber, perhaps with naps of suitable length folded in.” And, he suggests ways to ensure that naps won’t run “the risk of encroaching on nighttime sleep.” He concludes with wise advice:

“In a country where fewer than half of us say we regularly get a good night’s sleep, naps are increasingly important restoratives, and we owe it to ourselves to take them right.”

a noon nap
on a good day…
first rainbow

his quick nap
is just pretend…
hermit crab

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

Looking Backwards: As much as I now appreciate Roberta sending me the WaPo nap article, I have to confess that the most enjoyable part of this episode was my discovery of who wrote the piece. Roberta did not know that Dennis Drabelle was one of my favorite colleagues at the Federal Trade Commission three decades ago, and we have sadly been out of touch for far too long. “Denny” and I worked in the Special Projects office of the FTC’s Bureau of Competition, for our friend Bert Foer, who is now president of the American Antitrust Institute. At Special Projects, we had fun and became friends working on the new-fangled notion of “competition advocacy.” The cropped snapshot at the beginning of this paragraph was taken circa 1978 and depicts Drabelle and Foer at an office party at Bert’s house.

And, for another blast from the past, I noticed this guy, who also worked in Special Projects at the time, lurking behind Dennis in the same shot:

…. same party & photo: Mickey Kaus, Slate blogger [now]

So, I’m glad Roberta suggested I read “Nap Time,” and I’m going to use it as an excuse to email Dennis Drabelle a link to this posting. Meanwhile, the f/k/a Gang wish you pleasant mid-day dreams and happy nap times, today and everyday.

over my midday nap
the scent of lotuses
meanders

while napping
swish-swish stroked
by the willow

in no time
filled with sleep wrinkles…
my summer kimono

the stepchild’s chore–
during baby’s midday nap
picking fleas

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

Better Blawg Browsing: We want to join Ted at Overlawyered.com, Ed at BlawgReview and many other top law-related webloggers in spreading the word about the new Alltop.com Law Page — and in thanking Alltop’s Guy Kawasaki for including f/k/a in its aggregation of the best law-oriented websites. As its About pag