Bad move, counselor

Maybe I should say, "bad move, would-be counselor." I'm a little late in finding this story, but I hope that no one tried this bar examinee's test-taking strategy in answering bar questions last week. I'm a staunch advocate of the first amendment and its protections for religious freedom, but I can't help but think that this gentleman's answer--and his lawsuit--are proof that he should not be entrusted with the legal affairs of others.

I know it's Massachusetts, that bastion of liberal thinking. But is the Massachusetts' bar exam that different from others? Does it really require examinees to subscribe to a particular belief as opposed to simply demonstrating minimal competency to practice law? Either way, the smartest thing Mr. Dunne could do is to drop the suit, and if he hasn't retaken the bar exam, study real hard this time, so that he can pick up enough points on the questions with which he agrees.

New Owner wanted

Sung to the tune of Rudolph, the Red-nosed Reindeer:

Harvey, the chocolate brown poodle
Had a very bad hair cut.
And if you ever saw it,
You would even say it sucked.
All of the other puppies
Would surely laugh and call him names.
They'd never let poor Harvey, join in any doggie games.


I know my limitations, and I now know that I wasn't meant to be a dog groomer. Unfortunately for Harvey, he's the one that has to pay the price. I think he might indeed be in the market for a new owner who is not so willing to experiment with his grooming. But I've had bad hair cuts and bad dye jobs (maroon hair!) and like me, he too will discover that it will grow out. In a few weeks, I'll schedule him to visit a real dog groomer. Until then, if anyone asks, he's not at home.

A proposal to end billable hours?

That's what Scott Turow proposes. Legal sacrilege! Give up our license to mint money? Surely he jests.

"A license to mint money." That's the way an attorney acquaintance of mine charactarized billable hours, with hint of glee in his voice. Then there was the associate in a firm from my past who had a reputation for padding his hours. All the associates knew it. The partners surely knew it. After all, he made no secret of the fact that he kept banker's hours, rarely working evenings or weekends, but yet was one of the top billing associates every quarter, outstripping many associates who were working late nights and weekends. The clients may have been in the dark, and this associate's conduct surely affected, at least indirectly, the rest of us. There was a general reluctance to take time off, to take CLE courses beyond the minimum, or to agree to represent on pro bono clients.

Consequently, I agree that there are many reasons to reconsider attorneys charging clients by the hour. And But Turow candidly admits that he has no good alternative for determining attorney compensation. And neither do I, at least not without a fairly substantial overhaul of trial process.

The Ratatouille effect?

Strange things are happening at the J-W house. Last week, we saw Ratatouille, even bribing K2 to come along. And then there was last night. K2 suddenly got the urge to make alfredo sauce--from scratch. For a kid who normally considers himself to be "cooking" when he heats a Totino's pizza, this is a pretty big leap. But he did it, and it turned out pretty good. He found a recipe on-line (why bother with the 50 cookbooks we have). Shortly thereafter, he was observed whisking his sauce. And not too long thereafter, draining his fettucine and tossing it with the sauce.

Rachel Ray, look out.

It was bound to happen

It was only a matter of time before Harry Potter spoilers hit the mainstream. This morning's interview with J.K. Rowling on the Today Show was it. No "spoiler alert"; just responses to a number of questions that answer some of the main cliff-hangers. Snape: hero or villain? Harry, Ron, Hermione: dead or alive?

Glad I was able to enjoy the suspense.

Boys behaving badly

I was sexually harassed. Not really. But if it'd happened today, somebody might have thought so, and Carl, a little boy in my kindergarten class, probably would have been kicked out. Carl, a little bald-headed boy, and I were in Miss Porter's afternoon kindergarten class, and he had a crush on me. He told everybody about it. And I was petty clear that I did not like Carl. But one day, during circle time when Miss Porter wasn't looking, he leaned over and kissed me on my cheek. I was shocked, and it was definitely unwanted contact. I don't remember if I said anything to Carl, but I didn't tattle. I did tell my mother, who certainly didn't think much of it. And so it was.

There's a difference between Carl and the boys in this story who face criminal charges because they ran down their school corridor, slapping girls on their butts. When you're 13 years old, you should know better. Slapping girls on their butts is not nearly as innocent as Carl's stolen kiss, even if everyone does it. But 13 year olds are still children who are learning. Any principal worth his or her salt should be able to come up with some pretty choice discipline to teach these boys and others that their behavior was inappropriate and will not be tolerated in the future. And I would expect their parents, preferably their dads, to have something pretty stern to say about this. The DA has backed down from the original plan for felony prosecution, but doesn't criminal prosecution that may result in the boys having to register as sex offenders seem like overkill? Hopefully the DA will re-think this.

I think to myself, what a wonderful world

I heard that song today after I observed two incidents--one touching, one that made me smile.

1. While jogging this morning, I passed an elederly couple on the opposite side of the street. They were walking very slowly. He was supporting her, and she carried a very large, stuffed teddy bear, the way a child would. I didn't know the couple, so I don't know if there was mental illness, Alzheimer's, or some other form of dementia. Maybe there was no explanation for the teddy bear. What was clear was how much love existed between that couple.

2. I was stopped next to a police cruiser, giving me a chance to peer into the car. I had to chuckle at the little pig that dangled from the dashboard. A police officer with a sense of humor.

The only thing that would have made the morning better was if I'd heard the Louis Armstrong version of "What a Wonderful World."

On ranking Harry Potter

I am done. I had to wait for K2 to finish, and I had to accomplish some things at work before I could turn my full attention to it, but I have finished The Deathly Hallows. It was a darn good read, sufficiently so, that I think it replaces The Prisoner of Azkaban as my favorite in the series. In fact, in order starting with my most favorite, here's how I rank them:

1. The Deathly Hallows
2. The Prisoner of Azkaban
3. The Goblet of Fire
4. The Half-Blood Prince
5. The Chamber of Secrets
6. The Sorcerer's Stone
7. The Order of the Phoenix

I thought I had Harry Potter fatigue. False alarm. I hate that there won't be an 8th.

This story reminded me of something I hadn't thought about in quite awhile: the 1984 presidential election. Geraldine Ferraro was the vice-presidential candidate on the Democratic ticket, running with Walter Mondale. That summer, I clerked in Houston, back in the day when the Houston Post still existed. The paper published a letter to the editor that stated three reasons why the writer would not be voting for Ferraro, all essentially because she was a woman, made worse by the fact that she didn't even use her husband's last name!

I hope that as a country, enough people have progressed beyond the close-minded "reasoning" of that writer more than 20 years ago such that Hillary Clinton will be judged on the merits, but sometimes I have my doubts. There is plenty of evidence about Hillary Clinton's negatives, and enough people have told me that they will not vote for her. I'm fine with that--I'm not sure that I'll vote for her in the primary. What bothers me, though, is how many people are unable to articulate a reason for their opposition. I've rarely heard that they think she's unqualified or that there is a better candidate for the job or that she voted the wrong way on the war. I have heard often enough that she's so ambitious, or that she's cold, or that she stayed with her cheating husband (like the majority of married women who suffer infidelity) or other reasons that seem to suggest a double standard.

I'm listening and reading before I decide who'll get my primary vote. If I vote for someone other than Hillary, it won't be because she was the wrong gender.

Bit by the bug

I tried to avoid it. I was determined not to succumb to the mass hysteria. But alas, I was stricken with Harry Potter fever. I spent Friday evening and this afternoon re-reading The Half-Bloood Prince. We decided against going to any book store parties, but first thing this morning, I dutifully traipsed off to the store to purchase a copy. I'd barely crossed the threshhold when K2 emerged from his room, as if he'd caught the scent of the new book. Now the challenge--avoiding overhearing or reading how the series ends.

Random thoughts on the last day of the quarter

Another quarter and another academic year rolls off the calendar. Random thoughts on the end of the 2006-07 school year.

1. The good news: a month of relative freedom from scheduled events. The bad news: grading awaits, and I can't really relax until it's done.

2. It's been a year since I last taught Property. I miss having the first years and knowing most of the students in the building, but . . .

3. I really, really love the courses I teach now. I still have work to do to improve them, but I've enjoyed teaching the upper quarter students immensely.

4. I have a bunch of stuff to get done, both at work and around the house.

5. I never cease to be amazed at the students who finish PC, take their finals, and take the bar exam, all in the space of about two weeks.

6. After about three weeks, I'll be ready to get back to the classroom.

7. All in all, it's been a pretty darn good year. The Client Counseling team; the John Lewis visit; the People's Law School, patient students. I can't complain.

8. I have a great job.

Guacamole and babies

Recorded for posterity, two more examples of kids saying the darndest things.

1. K3 has been attending VBS this week, which explains why she wanted money to contribute to the poor people in Guacamole. Huh? If there were people in guacamole, surely they would be in need of help, but of course, she confirmed that they were collecting money for the people in Guatamala.

2. What's the difference between babies and puppies in the mind of K4? Apparently there is none. He was quite intrigued with the baby we saw at the doctor's office, so intriuged, that he asked if he could "pet the baby." Uh, no.

Forget the primaries

''I mean, people have access to health care in America. After all, you just go to an emergency room.'' President Bush.

Based on that statement, Paul Krugman, in his column today (or yesterday in the New York Times) characterizes the president as thinking that being with out insurance is no big deal. Krugman goes on to suggest that the President has little understanding or empathy for poor people. I'm sure Krugman is right, but Bush is not the first president to have little knowledge of the world that even the middle class inhabit.

That got me to thinking about a better way to pick presidential candidates. The obvious answer is a reality tv show. I should have known that Mark Burnett would have beat me to the punch, as described in this article. But he wants to limit his show to independent candidates. Why stop there? Why not use reality tv to pick the Republican and Democratic nominees? Why should any old Mitt, Barack, or Hillary get to be president without some proof knowledge of the real life of their constituents? If you played this thing right, it could generate as much interest as American Idol, and just like American Idol, we might discover talent that we never knew existed.

My ideas for tasks for the candidate-contestants:

1) work and live for one week on minimum wage, while caring for two young children;
2) do manual labor in a factory, preferably one that has been regularly cited for OSHA violations;
3) deal with the fall-out of identity theft that results from yet another case of stolen personal data;
4) compete for admission to college and figure out how to pay for it;
5) get from point A to point B, using public transportation only;
6) find a dentist that accepts Medicaid and get in and out of a simpe check-up without having to miss half a day of work.
Those are just for starters, I'm open to other ideas.

Girls gone mild--yes!!

At the risk of sounding like an middle-aged matron (which I guess technically I am), this is good news. I like the thought of a youth-led movement towards modesty. It's bad enough when teenage girls leave little to the imagination, but it disturbs me even more when little girls look like little women, little hooker women that is.

And the retailers are as much to blame as anyone. I understand supply and demand, but I've always been convinced that there is a market for cute, functional, and age-appropriate clothing for girls, if for no other reason than that much of what's available in the stores violates the dress code at so many of the schools that haven't yet opted for uniforms. Every year it's a challenge to find hot weather clothes that will pass dress-code muster.

Here's my business idea for the day: develop a line of really cute, comfortable, clothing for girls 5 to 13 years old. Not too fru-fru, but definitely not suggestive, and make it affordable.

If Project Runway should ever see its way back on to TV, that should be one of the tasks--just to get the ball rolling.

The real reason for Sam's Club

Why do people go to Sam's Club? Why to eat samples, of course! That's why we go. And sampling was certainly the mission of the little boy (not my own) who was seconds away from needing stitches. My basket was standing between him and his next snack. Unseeing, he was about to mix it up with my basket, and no doubt, the basket would have won, but for the quick hands of his mother.

I can relate. I love sampling at Sam's. I've trained the Ks to love sampling at Sam's. The little Ks think that's the only reason to go to Sam's. We plan our trips to Sam's to maximize sampling. Why else would we go?

Makes no sense to me

Yesterday, the Senate voted to raise the bounty on Osama bin Laden's head to $50 million--twice what it is now. I'm not questioning the success of the Rewards for Justice program. It has doled out some $62 million dollars for informing on terrorists. I'm just questioning how much sense an increase makes in this case. How likely is it that there's someone with the goods on bin Laden who wasn't willing to pass the info on for $25 million, but now is rethinking that since the reward is doubled?

Looking closer at the program, $30 million of the $62 million was paid in connection with the Hussein boys--Uday and Qusay. They strike me as very different from bin Laden. The Husseins were feared and hated for the crimes they committed against their own people, particularly innocent young women. As I recall, bin Laden has many supporters who view him as a hero, not to mention those who, even if they don't view bin Laden positively, aren't inclined to help us. If bin Laden is hiding among those people, money is not likely to incentivize them to provide to the info that will lead to his capture or death.

I certainly don't know what would convince whoever knows where bin Laden is to "drop a dime" on him, but I'm hoping that someone has a better understanding than is suggested by the Senate's vote.

DON'T play the sex card!

People like Amy Jacobson frustrate me. She's the Chicago television reporter who had been covering the story of Lisa Stebic who is missing. A rival television station broadcastvideo of Jacobson at Lisa Stebic's home of the missing woman, swimming and sunbathing with the missing woman's husband and his sister. Bad move. I figure if I know there's an ethical problem with that--and I'm not a journalist-- Jacobson should know that too. However, she wasted no time claiming that if she'd been a man, the result would have been different.

I don'tknow. Maybe there are examples of similarly-situated men who haven't suffered Jacobson's fate. Either way, Jacobson owes it to me and to every other working woman not to play the sex card lightly. The same is true for the race card. There are too many instances of actual discrimination to risk diluting the believability of the legitimate claims by raising dubious ones. Particularly where one is guilty of wrongdoing, she should be very careful about raising sex (or race) as an explanation.

Random thoughts on seeing the new Harry Potter movie

This is not a real review, but just thoughts than ran through my head while watching Harry Potter and the Order of the Phoenix or shortly thereafter.

1. A pretty entertaining movie from a book that was my least favorite of all the ones so far.

2. An evil woman dressed in Pepto-Bismol pink is a good combination. In fact, there are lots of good evil characters in Harry Potter.. There's something about the British accent that amplifies evil. Think about Scar in The Lion King.

3. I had the strange urge to call out "yippie-ki-yay (w/o the expletive)" during the scenes with Snape.

4. I'm ready for Harry Potter to be done. I'm looking forward to the final book, and it'll jump to the top of my reading list. But I've got Harry Potter fatigue.

5. Seeing Harry Potter with K2, who's not ashamed to go to a movie with his mom, is pretty special.

Thank you, Mrs. Johnson

At the risk of breaking the blogger's rules (which I have probably broken from the start), I'm posting a thank you again today. This time, to Ladybird Johnson, who died earlier today. What would spring in Texas be without the blooming of the bluebonnets. That blue bonnets and other wildflowers are so plentiful along the highways is due in large measure to the efforts of Mrs Johnson. Thank you.

Thank you, Mr. Reincke

A combination of two things reminded me of Mr. Reincke, my middle school band director. First, I had a discussion with a colleague about middle school teachers who truly enjoy working with kids that age. There's a reason I don't teach middle school. As my mother usesd to say, I'd rather be eaten by a boa constrictor. But I appreciate teachers who take on that challenge.

A song on the oldies radio station was the second thing that reminded me of Mr. Reincke. The song "Black and White" by Three Dog Night came on. We played that song in band. I'm sure we butchered it. Ten or so kids, playing out of tune, missing our pick-up notes, and generally discombobulated by accidentals or key changes, couldn't have sounded good. Add to the mix the typical joking around and lack of focus in kids that age.

Mr. Reincke might have decided, quite understandably, that such a small group wasn't worth his time and energy. After all, he also taught 5th grade and took on directing the band voluntarily. But he patiently worked with us twice a week, selecting music that we enjoyed along with music that was good for us. And he made it fun. Thank you, Mr. Reincke.

Jane, you ignorant slut!

That hasnt' appeared in a judicial opinion--at least not yet.

It used to be that attorneys were the ones that subject to criticism for their lack of professionalism. The scorched earth litigation mentality, the unethical client solicitation, and their general ugliness to each other--unnecessary for the zealous representation of clients, brought disgrace on the profession as a whole. There was much gnashing of teeth and many states adopted professionalism creeds.

What the heck is going on when it's the judges who are in need of reminding that we are supposed to aspire to a higher level of discourse, more fitting for members of a learned profession? CNN recently ran this story.

I don't think that all of the comments highlighted by the CNN article rise to the level of personal attacks, but they do represent a disturbing trend that has been going on for several years now. What's happening in the 10th Court of Appeals is, in my opinion, even more disturbing. For example, this statement appeared in a dissenting opinion:

"As a dog returns to its vomit, so a fool repeats his folly.” Proverbs 26:11. As the majority did in 2005, . . . the majority again reverses Pena's conviction . . ."

Pena v. State, 2007 WL 1289426). Citing the Bible doesn't make it okay. In the same case, the same judge refers to the majority opinion as a "mediocre law-review article." The Trib recently ran an article that described in more detail what's going on with the 10th Court.

It's bad enough that talk radio often consists of little more than ad hominem attacks. Surely, the judiciary can do better--they're judges, for goodness sake. They should act like it! Opinions should certainly address disagreements on the law or its application. But engaging in personal attacks is unbecoming to the judiciary; it doesn't go well with the black robe. We, the litigants, the citizens, and the attorneys, deserve better discourse than what one learns in the Ann Coulter school of debate.

I thnk this definition of professionalism states it well:

"[P]rofessionalism is a higher standard [than the rules of ethics] expected of all lawyers. Professionalism imposes no official sanctions. It offers no official reward. Yet, sanctions and rewards exist unofficially. Who faces a greater sanction than lost respect? Who faces a greater reward than the satisfaction of doing right for right's own sake?" Harold G. Clark, Chief Justice, Supreme Court of Georgia.

It'd be nice if certain judges remembered that.

A fun way to waste 10 minutes

I found this on the SI site about the best players at every number. We had fun clicking through the list. It even inspired K2 to exceed his average daily word use by at least 50 words.

Random observations from the J/W household:

1. Auto racing is not a sport.

2. Troy Aikman was robbed. He lost out for the no. 8 greatest to Cal Ripken Jr., with Yogi Berra named the runner-up. He only merited a "worthy of consideration."

3. Elway takes the top spot for no. 7, with Mantle as runner-up. Aikman was robbed.

4. Peyton Manning is the greatest for no. 18. Aikman was robbed.

5. No surprise that Jordan is the best for no. 23, but LeBron James as the runner-up?

6. Anyone planning on a pro career should avoid nos. 32 and 33. Too many really good players with those numbers.

7. K2 was in agreement with the picks for no. 50 (his number this past year). He could have gone with either Robinson or Singletary (sic 'em Bears!)

8. No Drew Pearson on the list as even "worthy of consideration" for no. 88. Who put together this Micky Mouse list?

9. This is a Cowboys househould. We're biased in favor of the 'boys in every way.

10. My logic is faulty. I don't care. Aikman was robbed.

Lucky me

Whew! Snagged one. I thought I might miss out, but I got my own copy of New England White. One can never know when there might be a run on a book. I'm looking forward to reading it, but I don't know when I'll have time. When I do, I'll be ready.

It was a good warm-up run for the release of the new and final Harry Potter book. Only 13 more days! I'm living on the edge--I haven't pre-ordered. That's as close to the edge as I get these days.

07-07-07

A lucky day?

Certainly seems some people had a lucky day. Venus Williams did, to the tune of more than $1 million for winning Wimbledon. Wow, that's twice in one week that Americans have taken top honors--let's not forget the 4th of July hotdog eating contest.

Marion Bartoli might not have won Wimbledon, but hard to feel sorry for her.

Those that were crazy enough to run with the bulls in Pamplona were lucky--no serious injuries.

We'll see if this day turns out to be lucky for Tony Parker and Eva Longoria, but the wedding today seems like a great way to top the NBA championship.

I don't know yet if it's my lucky day. I still have a few more hours to go, so we'll see. Lucky or not, it has been a good day. No complaints.

A new mission

I'm thinking about taking on a new mission: making at least one recipe each week out of the different cookbooks I have. If I do, I think it'll take almost a year to get through them all. I don't really know how many cookbooks I have, and I'm afraid to count. I just seem to have a soft spot for cookbooks, even though cooking is not one of the things I'd count as even a minor hobby. But, I've got to justify the fact that I have so many of them. Okay. I can do this. I know I can.

On making babies

When I read articles like this one, I always have mixed emotions. The decision to have a baby is intensely personal, so on the one hand, I believe that what I think is relevant to me and only me. But being on both sides of the adoption equation, I feel very strongly about adoption as a wonderful alternative to making your own baby. When a couple or single woman goes to extreme measures to get pregnant, I begin to wonder, "do you really want to be parents or just be pregnant?" There are so many kids in need of good loving homes--both locally and internationally-- that someone who wants to experience the joys and tribulations of parenthood can get there another way.

I also wonder what it means for the biological child when a couple goes to very extreme measures to conceive him or her. Will the parents have unreasonable exp expectations for that child? Maybe not; I hope not.

On the other hand, I understand the sentiment of those who question their ability to love a child that is not their genetic offspring. Some of my relatives are like that. Any doubt about the ability to love an adopted child should be resolved squarely against adoption. That wouldn't be fair to any of the folks involved.

Ironically, people regularly ask if we get so attached to our foster children that it's hard to let them go. And our answer is, yes--at least for 99.99% of them! Often the follow-up to that question is an admission that they could never foster because they'd get too attached and couldn't let them go. I think that's the case with lots of foster parents, who are very attached to their foster children notwithstanding the lack of a biological connection.

I guess it's easy for me to sit here and pontificate about a decision that I didn't have to make. I sincerely hope that the woman in the story finds success on the pregnancy front.

Rethinking my next car

Al Gore III got arrested for possession of marijuana and prescription drugs. He was pulled over for driving 100 mph in a Prius and then the officer found the drugs. D'oh!

When your parents are famous, the good news is that you get to meet lots of really cool people, go to lots of cool places, and get invited to in lots of cool events. The downside is that when you get arrested, it will make the news. That's the quid pro quo. I guess L'il Gore forgot about the Bush twins--and his prior arrests. Nobody should be riding around with herb in the car, and if you're gonna roll with prescription drugs, they'd better be yours. But when your name is Al Gore III, how dumb do you have to be?

But how about that Prius? Who knew a hybrid could go that fast?

Father of the year, hands-down

I almost missed this story about a professional athlete doing the right thing. Derek Fisher wanted out of his NBA contract, and the Utah Jazz agreed. He is putting his family first, especially his baby girl who has a rare form of eye cancer. He may still play basketball, but only if he can do so in a city that has the specialists needed to give his daughter the best chance.

Parents are supposed to put their kids first, so maybe Fisher's story shouldn't be news. But given the antics of the Britneys, the Alecs, and the Davids of the world, and given that post-season news about athletes is generally about their multi-bajillion dollar contracts, their latest arrests, or rumors of steroid use, it's nice to see a story that portrays a player in a positive light.

I vaguely remember hearing about Fisher's daughter a few months ago, but I couldn't identified his position or even what team he played for. He just may be my new NBA hero.

All animals are equal . . .

Of course, the full quote is, "All animals are equal, but some animals are more equal than others." Any doubt about that is firmly resolved in favor of the proposition after GWB's commutation of I. Scooter Libby's 30 month sentence. It was "too harsh." On what grounds? Do the sentencing guidelines apply to everyone or not? Or is the president planning to recommend a redrafting of the guidelines to ameliorate the harshness that the mere equal animals suffer under them.

So much for the pledge of accountability from GWB.

Something that makes me say "hm-m-m-m"

This mornng I caught just a bit of Meet the Press and the discussion of a new poll of young people. That sent me in search of the poll, which is described here, with the complete results listed here. What was particularly interesting was that those polled were asked to speculate about the people they know. Specifically, they were asked, "Do you think most people you know would or would not vote for a presidential candidate who is black?" A woman? A Mormon? The answers were 30%, 38% and 59% respectively thought the people they know would not vote for such candidates.

Interesting. Those sound like pretty signficant numbers to me. If the respondents' speculations are correct, can it be that so many young people are willing to disqualify candidates not on the basis of their positions on the issues or their conduct but because they are the wrong gender, race, or religion? As compared to all adults, young people may be less tolerant than adults in general on voting for a Mormon candidate. That's discouraging.