Legal Commentary

more hot air relief

By David A. Giacalone

It’s Saturday, it’s sultry, it’s superb hammock season, so don’t expect lengthy punditry today from the f/k/a Gang — and don’t expect us to come over to cut your lawn. Here are a few quickies for those attached to their computers this weekend and needing some breathless diversion.

at the bus stop
our backs to the wind
the sunrise changes color

… by gary hotham - breathmarks: haiku to read in the dark

[go here for more of our wind haiku]

. .

brand this! Over at Ed’s Blawg Review, I see that Blawg Review #169 will be hosted on Monday, July 21, by Whisper, a weblog about brand strategy (which, honest, they call B.S.) — and which is “founded on one big idea: ‘The key to any effective marketing, branding or advertising effort is to change and take ownership of the conversation’.” For a contrarian perspective on branding and lawyers (that continues to believe clients are king and should own the conversation, while lawyers are mere shield-bearing esquires), you might want to check out a few posts from the early days of ethicalEsq:

• “Brand LEX” (April 3, 2004) “None of this is reassuring or inspiring ? earning your client?s trust so that you can charge him and her more. Rather non-fiducial, don?t you think?“
• “Another Lap Around Law Firm Branding” (April 11, 2004) “How does the law client benefit from this expensive branding campaign? Is getting ?a friend? who shares your love of motor-racing advantageous to the ?upset? personal injury client? The DUI defendant?”
• “lawyers and cashews (and premium pricing)” (June 9, 2006) “Fiduciaries don?t manipulate clients to reduce their price sensitivity. Period.”

she comes back?
the ocean drips off
every part of her

…………… by gary hotham- breathmarks

Environmental Inspiration: Read “Visionary of the Visayan Sea” (Harvard Law Bulletin, Summer 2008), to learn about the decades of work (often despite physical danger) by Philippine lawyer Antonio Oposa, fighting to protect marine habitat. In 1993, he helped win the right to sue on behalf of future generations, in the case Minors Oposa v. Factoran, where the high court said:

“Needless to say, every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. Put a little differently, the minors? assertion of their right to a sound environment constitutes, at the same time, the performance of their obligations to ensure the protection of that right for the generations to come.?

huge trees in the park?
a different dog
chasing the stick

… by gary hotham - the heron?s nest (April 2001)

Who’s A Narcissist? With the label being thrown around a lot lately, today’s New York Times looks at what it takes to be a true narcissist, “Here’s Looking at Me, Kid” (July 20, 2008) In case you didn’t already know:

“Many people are condescending and self-involved, but they may not necessarily be narcissistic. Therapists say that to affix the label, the trait or the diagnosis, one must spend considerable time with the person. Determining that someone is a narcissist, Professor Ames added, ‘is not something you can gauge from television’.?

the mirror
wiped clean
for a guest

??????? by John Stevenson from Quiet Enough (Red Moon Press, 2004)

open window
I polish a mirror
from my childhood home

???.. by peggy willis lyles - FreeXpressSion, February 2007

white lie
the mirror doubles
the white chrysanthemum

???? Roberta Beary - from Fish in Love (2006)

What did we learn in Law School? Prof. Daryl Levinson won the Sacks-Freund Teaching Award this year at Harvard Law School. See “On accepting Sacks Freund Award, Levinson reminds students what they learned in law school” (June 12, 2008). Prof. Levinson says he appreciates “brilliant, demanding, opinionated, contrarian, and relentless” law students. In case they forgot what they had learned, Levinson offered a ?review session? of the ?ten ideas that explain virtually all of law.? Click that link to watch a webcast of Levinson’s Class Day remarks. The article tells us:

Levinson proceeded to help the graduates ?recollect [the] three years of knowledge? they learned in law school. Joking that ?class participation is how [we] stretch these few minutes of material out to three years,? he touched upon some of the major themes of the law, including rules vs. standards, collective action problems, and agency.

dead silence
the senior partner
has another senior moment

…. dagosan

Full post as published by f/k/a . . . on July 19, 2008 (boomark / email).