f/k/a . . .

After revealing last week that our Central Library would close in a few weeks for up to 18 months as part of its expansion project (see our prior post), Schenectady County officials apparently saw the signs of public outrage on the wall and trembled. They announced yesterday that they will be seeking bids on two alternative renovation plans that they believe “can limit closings to a matter of weeks, which could be staggered or broken up to minimize patron disruption.” See “Library construction plans change: Facility will not close July 1; county seeking new bids” (Schenectady Daily Gazette, by Tatiana Zarnowski, May 10, 2008); and “Plan reduces library closure: Schenectady County officials adjust plan to limit service disruption” (Albany Times Union, May 11, 2008)

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).

(larger) Lawrence the Indian (of pink flamingo fame) is decked out again this Spring in tulips, in his traffic circle, at Front, Green and Ferry Sts., in Schenectady’s Historic Stockade District. Read more about Lawrence here. (Stockade tulip photos by D. Giacalone, May 2008) Many thanks to Stockade resident Jennifer Wells, of Stockade Lawn and Gardens, for all the “pro bono” work she does planting and caring for flowers and decorative plantings throughout our neighborhood.

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.

Head over to the f/k/a Mother’s Day Haiku Collection (originally posted May 10, 2007), if you’re looking for haiku and senryu for a Mother’s Day card. There are dozens of poems (not all sappy or saccharine), including this pair:

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: There will be a rally and or march against closing the Library on Monday and/or Tuesday, May 12 or 13, which will originate at the Central Library — probably around 11 Am. As soon as I have more details, I shall post them here. update (May 11, 2008): As of 10 AM, Sundy, I do not know whether there will be a No Close rally.

“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…)

Another Boomer Braino Revealed: The f/k/a Gang had planned to start each month of 2008 by posting the month’s calendar page from both of our 2008 haiga calendars — the artsy Giacalone Haiga Calendar 2008 and the nostalgic fka Haiga Memories Calendar 2008. But, frankly, we keep forgetting to post them. Here — better a little late than never — are the calendar pages for May. Each month has a “photo haiga” — a picture with a subtly-linked haiku.

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

Don Hutcheson, the Editor/Publisher of the online magazine The Complete Lawyer, is a valued friend of mine. Nonetheless, I have to say this:

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

Some of New York’s black-robed judges are engaging in their version of the Blue Flu, in order to pressure the Legislature to give them (long-overdue) pay raises: They are “recusing” themselves — taking themselves off a case due to bias or a conflict of interest — if a party is represented by a law firm that employs a state legislator (especially Assembly Leader Sheldon Silver’s firm of Weitz and Luxenberg). See Eric Turkewitz’s posting “New York Judges Slowing Cases From Legislators’ Law Firms Over Pay Raise Issue” (NYPILaw Blog, May 2, 2008, with hat tip to Overlawyered.com); and “JUSTICE OF THE CEASE: REVOLT OF ROBES AS STATE JUDGES STALL ‘POL CASES’” (New York Post, April 27, 2008).

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)

What sort of materials and links do your friends and colleagues forward to you? Sometimes, when I see what kith and kin decide to send me in their email messages, I worry about my image and reputation. Although most correspondents have learned not to send me cute-pet photos, or to point me to so-called-haiku contests, I often get referred to articles that make me wince — with thoughts like: “this reminded her of me?!” or “am I supposed to need this advice?”

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 page explains, Alltop helps you “explore your passions by collecting stories from ‘all the top’ sites on the web.” A myriad of topics (from the environment to celebrity gossip, to politics, and now law) are presented by Alltop in “single-page aggregations.” They say:

You can think of an Alltop site as a “dashboard,” “table of contents,” or even a “digital magazine rack” of the Internet. To be clear, Alltop sites are starting points — they are not destinations per se. The bottom line is that we are trying to enhance your online reading by both displaying stories from the sites that you’re already visiting and helping you discover sites that you didn’t know existed. In this way, our goal is the “cessation of Internet stagnation.”

Alltop lists the last five headlines from each featured site, allowing you to see the beginning of each piece by scrolling over its hyperlink. This looks like a good tool for quickly finding blawg postings worth checking out.

Pump-Pandering Politicians: It’s great to see that so many news sources and websites are putting a penetrating spotlight on the proposals by the presidential candidates, as well as other federal and state politicians (like Messrs. Bruno and Tedisco in New York), to remove the gas tax over the summer. A Newsday editorial summed it up: “A proposal for such tiny, temporary, iffy savings is a political gimmick, not meaningful relief.” (”No such thing as a free tank: No gas tax for the summer is a bad idea“, April 30, 2008). For more analysis, see:

• “Tax cut could push gas prices higher” (CNNMoney.com, April 29, 2008) “Despite claims from McCain and Clinton, temporary cut in gas taxes could lead to more demand and push prices higher - leaving taxpayers to cover shortfall.”
• “Candidates’ Plans Could Indirectly Raise Gas Prices: Senators Back Steps That Portend Higher Pump Costs,” Wall Street Journal, April 30, 2008
• “Dumb as We Wanna Be” by Thomas L. Friedman (New York Times, April 30, 2008), which opines, “It is great to see that we finally have some national unity on energy policy. Unfortunately, the unifying idea is so ridiculous, so unworthy of the people aspiring to lead our nation, it takes your breath away. . . This is not an energy policy. This is money laundering: we borrow money from China and ship it to Saudi Arabia and take a little cut for ourselves as it goes through our gas tanks. What a way to build our country.”

See the video clip — “Who Can Lower Gas Prices? The Candidates’ Plans: The Gas Squeeze: Will lifting the gas tax provide some relief?” — from Good Morning America/ABCNews (April 30, 2008)

And, listen to analysis on the Gas Tax Holiday from the PBS NewsHour — (April 30, 2008), or read the transcript.

• “Democrats Divided Over Gas Tax Break” by John Broder, The New York Times (29 Apr 2008), which has a description of the presidential candidates’ current and prior positions on gas taxes, and points out (emphasis added):

“The highway trust fund that the gas tax finances provides money to states and local governments to pay for road and bridge construction, repair and maintenance. Mr. McCain and Mrs. Clinton propose to suspend the tax from Memorial Day to Labor Day, the peak driving season, which would lower tax receipts by roughly $9 billion and potentially cost 300,000 highway construction jobs, according to state highway officials.”

update (May 1, 2008): Today’s NYT editorial “The Gas-Guzzler Gambit” also uses the word pander and explains why “it is an expensive and environmentally unsound policy that would do nothing to help American drivers.”

The federal tax on gasoline is 18.4 cents per gallon, about 5% of the average price today. Savvy f/k/a readers probably didn’t have to read an article to wonder why we would expect the oil companies to automatically pass on the savings from a gas tax hiatus. In addition, if you’ve been reading about the plight of many independent gas stations, you might also expect the stations to try to pocket some of the tax savings for themselves. See, e.g., “Stations hope you fill up with more than gas: Fuel is loss leader for many; they make money in convenience stores,” (msnbc.com, April 1, 2008)

If you want to feel even worse about all this, and the related subject of reducing our nation’s gasoline consumption, read a little about the Price Elasticity of Demand for Gasoline; and see “Soaring Gas Prices Will Not Reduce Demand.”

Where do the Presidential Candidates Stand? We’re not naming names (due to our political-punditry hiatus), but see “Clinton Criticizes Obama Over Gas Tax Plan: Knocks Obama’s Opposition To Summer ‘Gas Tax Holiday,’ Which She And McCain Support” (CBSNews.com, April 28, 2008); “Obama Dismisses Gas Tax Holiday: Senator Says Gimmick Won’t Help Consumers, Designed To Get Rivals Through Election” (AP/CBSNews.com, April 29, 2008); and “McCain wants a gas tax ‘holiday.’ It’s a no-brainer, right?,” (The Oil Drum: Europe, April 15, 2008)

update (May 2, 2008): Yesterday, former Democratic National Committee Chairman Joe Andrew, a superdelegate, switched his presidential endorsement to Barack Obama. See “Longtime Clinton ally Joe Andrew defects to Barack Obama” (Los Angeles Times, May 2, 2008) At a news conference Thursday, Andrew said:

“Clinton’s support for a federal gas-tax holiday over the summer was symbolic of a poll-driven candidacy proposing something ‘politically expedient to give a quick pander to Hoosier voters,’ in contrast to what he called the ‘principled’ campaign Obama has run.”

We think the gas-tax-holiday issue can tell us a lot about our so-called leaders. Who is willing to tell us the truth? Who treats voters like adults? Who is worried about the long-run and not just the next election? It also tells us a lot about the voting public: Who will demand a simplistic “solution” even if it might in fact be counter-productive, just to get a few extra bucks in their pocket now.

- for other posts on issues related to gasoline consumption see: post-Earth Day spread: speed limits and efficient driving; Open Letter to Gas Whiners and Another Silly One-Day Gas Boycott

follow-up (May 8, 2008):  There’s an excellent editorial in today’s NYT, “The Tax Trickery Spreads” (New York Times, May 8, 2008)  Among points made:

• “Unfortunately, their [Senators Clinton and McCain] demagoguery is growing into a real problem, setting off a chain reaction of “me too” proposals across the country to suspend state gasoline taxes, which tend to be much larger than the 18.4-cent-a-gallon federal levy. If the pandering spreads, it would go a long way in setting the nation’s energy strategy in precisely the wrong direction.”

• “These ideas share a common purpose: appearing to be doing something to ease hard-pressed voters’ pain at the pump. Not only are they costly, but they will not do that. Suspending the federal tax would cost $9 billion. In New York, the suspension would blow a $500 million hole in state finances. Consumers in some states could benefit from lower state gas taxes because wholesalers could import gas from other states. Still, with refineries producing almost at full capacity, the tax break would prompt a jump in demand that would push up prices.”

If you’ve read and considered all of the above, you surely deserve a treat. Here are more poems from the newest issue of Acorn (No. 20, Spring 2008) — which, among its 100+ poems, contains contemporary haiku by a number of our f/k/a Honored Guest Poets:

nearby clouds
nearby mountains
the rescue helicopter hovers

… by Gary Hotham

a cat at a threshold I can’t see sniffs something I can’t smell

icy night
a saw-whet etches
the silence

………. by jim kacian

spring at last
letting the stallion out
into the pasture

….. by Randy M. Brooks

quick-running brook . . .
a stone from the bottom
lighter than imagined

……………… by paul m.

fumbling
with coat buttons
autumn rain

……………. by Yu Chang

Lightning-cracked rain –
his palm rests against
the bottle’s black label

Dead-end road –
shadows of skinny cows
through old barbed wire

……… by Rebecca Lilly

All Souls
a third day
of candy

………….. by John Stevenson

. . . . . . . 1958 to 2008. . . May 1st is Law Day . .

We’ve pretty much said all we need say about Law Day in prior years — see, e.g., “Law Day, Not Lawyers Day” (2004); “towards a better Law Day” (2005); “lawdy, lawdy another Law Day” (2006); and “Law Day with Chief Judge Kaye” (2007). This year, I’d like to point out that this is the 50th Anniversary of Law Day, which was started with a proclamation by President Dwight D. Eisenhower in 1958.

In other years, President George W. Bush issued Law Day proclamations a few days before May 1st. In 2005, he did not mention lawyers in his Law Day proclamation, in “Law Day, U.S.A., 2006” he did. Although President Bush has recently recognized Malaria Awareness Day, and Older American Month, along with Loyalty Day (which is also on May 1st) and Education and Sharing Day, there is no Law Day proclamation up at the White House Proclamation Page, as of 4 PM Eastern Time today, April 29, 2008. Some wags might conclude that he likes loyalty and lot more than the rule of law. update (April 30 May 1, 2008, 8 AM): Still no Law Day Proclamation from the White House, but National Physical Fitness and Sports Month did get honored overnight.

Better Late (May 1, 2008, 9:30 AM):  The White House has finally issued its proclamation for Law Day 2008.  It starts: “The right of ordinary men and women to determine their own future, protected by the rule of law, lies at the heart of America’s founding principles.  As our country celebrates the 50th anniversary of Law Day, we renew our commitment to the ideals on which this great Nation was established and to a robust system of ordered liberty.”  And continues, “We pay tribute to the men and women in America’s legal community.”  President Bush also looks toward “a hopeful future as we work to secure the liberty that is the natural right of every man, woman, and child.”

Prof Yabut, having recently watched both Frontline’s “Sick Around the World” and Michael Moore’s Sicko,, and having just read Pres. Bush’s proclamations for Loyalty Day, Older American Month, Education and Sharing Day, Malaria Day, and National Volunteers Week, wonders yet again: How can all those other nations pay for everyone’s health-care and education (and assure month-long vacations to workers) when our rich and caring country fails to do so?

The 2008 Law Day theme at the American Bar Association is The Rule of Law: Foundation for Communities of Opportunity and Equity. The ABA’s Law Day materials explain

Why Is This Theme Important?

Advancing the rule of law helps achieve an
array of public benefits. We all have a stake in
the rule of law, and we all can do our part to
strengthen it.

The rule of law refers to a system of self-
government with a strong and accessible legal
process. It features a system based on fair,
publicized, broadly understood, and stable
laws, and diverse, competent, and independent
lawyers and judges. This foundation is essen-
tial to foster sustainable communities of
opportunity and equity.

Frankly, I’m not too sure what that means, but there are a lot of materials at the ABA Law Day 2008 website to help understand the topic and even teach it to others. If you want to see whether there are Law Day activities in your area, check out their Law Day Events Calendar.

If you like tacky, don’t forget the ABA Law Day Store. (scroll down our 2006 Law Day post for thoughts on the Law Day Store) update (April 30, 2008): Anne at Court-o-rama says: “Not to be outdone by Hallmark, the ABA has a Law Day Store selling Rule of Law yo-yos, mugs, backpacks, balloons, postcards (send one to a despot!), and carabiners: the keychains of the future!!!.”

If you long for the days when Law Day was still celebrated by the Bar as if it really were Lawyers Day, go to the Resources Page of The Billable Hour Company and check out their Legal Holidays and Events Calendar. The calendar is meant:

To help raise the morale of legal professionals by spreading information about all of the federal, state and local holidays that celebrate lawyers and legal professionals.

Since the rest of the world is “not quite ready for Love Lawyers Day,” lawyers may just have to be satisfied with loving themselves.

afterthought (7 PM): KipEsquire at a Stitch in Haste is not happy with Pres. Bush’s proclamation making May 1st a National Day of Prayer, saying “Bush again insults and marginalizes atheists” (hat tip to Ed at BlawgReview)

If you’ve read down this far and are saying to yourself, “hey, where’s the haiku?,” here are a few from the brand new edition of Acorn (a journal of contemporary haiku, that is edited by Carolyn Hall). We’ll share more from Acorn No. 20, Spring 2008, very soon.

a cold cup
from a cold cupboard –
morning moon

… by Peggy Lyles -

pale moon the thinning of days into winter

… by Billie Wilson

here
for now
first snow

…… by John Stevenson

century oak –
waiting it out
inside the drip line

country road
the Nam vet
revs his Harley

…….. by Tom Painting

p.s. Tom’s second poem reminded me of articles I’ve been seeing lately like this one: “older riders adding to motorcycle fatalities” and “rusty baby boomers on bikes.” Be careful out there, Boomers. Don’t forget the rules of law nor the laws of nature (and physics).

Prof. Yabut says: While our Editor is taking his first morning nap, I thought I’d sneak in a quick posting that might violate his Christmas 2007 “no politics” pledge. I’d argue that I’m merely doing a public service by following up on one of the most-visited posts in our five-year history: “Inquiry to Obama on Tort Reform” (Aug. 4, 2004), from which we hoped to find out the position of Democratic presidential candidate Senator Barack Obama on tort reform and related issues. [Note: Our Editor is a lifelong Democrat and has recently noted his support for Sen. Obama.]

Reminder: The f/k/a Gang [the Editor and his alter egos] are not “tort reformers” — we do not advocate arbitrary or blanket limits on the size of personal injury awards. We have, however, written extensively on the topic of the standard contingency fee (charging virtually every personal injury client the same percentage fee regardless of how risky or easy the case might be), which we believe consistently extracts excessive fees from clients. See, e.g., our four-part essay on the ethics and economics of contingency fees.

This position has drawn the ire of the so-called “trial lawyers,” “consumer protection lawyers” and “justice lawyers,” who seem to have much power over traditional Democratic politicians (especially those seeking campaign contributions). For example, the supposedly pro-consumer Clinton Administration opposed a bill that would have merely told consumers that they have the right to negotiate the level of a contingency fee. [aside (May 1, 2008): See my Comment #5 below about a reaction to the above mention of standard contingency fees.] Now, finally, let’s go to the point of this posting:

As you probably know, Barack Obama appeared on Fox News Sunday on April 27, 2008 (to the apparent dismay of many liberal bloggers who support negotiating with our nation’s enemies, but are boycotting Fox in order to “delegitimize” it. Please, kids, grow up with all your litmus tests.). Click for a Transcript of Obama on FNS.

For the purpose of this post, what interested us was this exchange between moderator Chris Wallace and Sen. Obama:

WALLACE: Some of your detractors say that you are a paint by the numbers liberal and I’d like to explore this with you. . . . As a president, can you name a hot button issue where you would be willing to cross (ph) Democratic party line and say you know what, Republicans have a better idea here. . . .

OBAMA: . . . I would point out, though, for example, that when I voted for a tort reform measure that was fiercely opposed by the trial lawyers, I got attacked pretty hard from the left.

At Point of Law.com, guest-blogger Carter Wood responded to this brief remark with the posting “Obama Cites His Tort Reform Credentials” (April 27, 2008). Wood notes:

“He’s no doubt referring to his February 2005 vote for S. 5, the Class Action Fairness Act, which passed 76-26. Ted Frank analyzed Obama’s CAFA vote and tort reform record in this December 2006 post, concluding, ‘As a reform supporter, I’m far from convinced that this makes him someone willing to cross the plaintiffs’ bar.’ Senator Clinton voted no.”

In his earlier Point of Law piece, “Obama and liability reform” (Dec. 27, 2006), Ted Frank weighed in on whether Sen. Obama had any tort-reform creds, discussing his vote for what Frank calls “the eminently sensible Class Action Fairness Act.” After noting that “Obama may have annoyed the lunatic left with his vote for CAFA,” Ted says, among other things:

“Obama didn’t participate in the negotiations to get Democratic support, and he voted for every Democratic attempt to eviscerate the bill with amendments. . . Obama didn’t break with the Democrats on any seriously contested tort reform measures: he filibustered medical malpractice reform, and was one of the votes to kill the asbestos reform bill (which effectively failed by one vote) . . . Obama claimed to support medical malpractice reform in his Senate campaign (or, at least, made pro-reform swing voters think that he did), but, then, so did Kerry and Edwards in their 2004 presidential campaign.

“Obama co-sponsored the MEDiC bill with Hillary Clinton; it was a federally-funded variation of the so-called “Sorry Works” proposal . . . But it’s hardly the move of someone daring to flout the trial lawyers who dominate the Democratic Party these days.”

I don’t believe that Barack Obama has ever tried to portray himself as a full-blooded, knee-jerk Tort Reformer. As far as I’m concerned, neither being totally for nor totally against every tort-reform proposal makes good sense or good public policy. The issues raised are complicated and need to be looked at with regard to the legitimate rights of both injured plaintiffs and accused defendants — assuring that all litigants get justice and our justice system is efficient and fair. There is no simple fix that can assure that those truly injured by bad-actors are fully compensated and that defendants are treated fairly both when blame is assigned and when damages are measured.

From my perspective as a consumer advocate and citizen looking for an effective and fair justice system, it seems that: Rabid proponents of tort reform mostly want to pay injured plaintiffs as little as possible, while rabid opponents of tort reform — mainly the “trial” or personally injury bar — want to be able to extract as much money as possible from defendants while assuring the biggest fees possible for plaintiffs’ lawyers.

In this context, I’m pleased that Barack Obama has not totally embraced “tort reform,” and — as a Democrat who worries about interest groups strangling the party and skewing its positions and priorities — am even more pleased that the Senator is unwilling to simply rubber stamp the position of trial lawyers by serving as their mouthpiece, puppet or platitude-peddling political paladin, rather than looking at each issue or piece of legislation on its merits.

I continue to hope that Sen. Obama will produce a comprehensive statement about our litigation system and necessary reforms and restructuring (including the need for full access to the courts). By choosing not to embrace either Tort Reformers or Trial Lawyers, Barack Obama increases his creds as a refreshingly different kind of politician.

Nakations? The New York Times tells us today that there’s a big trend of Americans heading to nudist resorts for their vacations — dubbed “nakations”. See “No Shoes, No Shirt, No Worries” (by Michelle Higgins, April 27, 2008). The article came just a couple days after I wrote to a friend that, “American obesity has taken a lot of the fun out of watching the change from winter to spring wardrobes.” So, I’ve got to confess that the general notion of Americans wearing no clothes is not a big draw (much less a turn-on) for me.

nude beach
a man and a woman
collect shells

nude beach
the jet ski instructress
tells me to “concentrate”
………….. . . . by ed markowski [”shells” from The Heron’s Nest.]

On the other hand, our cranky contrarian Prof. Yabut pointed to the NYT statement that:

“the real boom in nude vacations is coming at the high end of the business, as upscale hotels and resorts, and even some luxury cruise lines, have begun to see the economic potential in the no-clothes crowd — particularly those who want to shed their clothes but not their pampered lifestyles.”

keep your shirt on, buddy … …

As a lifelong (and long-lived) practitioner of lookism, Yabut added, “at least they’re upscale nudists.” That got me thinking about the widespread assumption that the rich are not as fat as the poor in America. I turned to Mr. Google for help, and went first to the Wikipedia entry on obesity, where a relevant section states:

Social determinants

“. . . In particular, a class co-factor consistently appears across many studies. Comparing net worth with BMI scores, a 2004 study found obese American subjects approximately half as wealthy as thin ones. When income differentials were factored out, the inequity persisted—thin subjects were inheriting more wealth than fat ones.

A higher rate of a lower level of education and tendencies to rely on cheaper fast foods is seen as a reason why these results are so dissimilar. Another study finds women who married into higher status are predictably thinner than women who married into lower status. [Ed. note: my empirical evidence definitely jibes with that last statement.]

“A 2007 study of more than 32,500 children . . . indicated that BMI change in friends, siblings or spouse predicted BMI change in subjects irrespective of geographical distance. The authors concluded from the results that acceptance of body mass plays an important role in changes in body size .”

family picnic
the new wife’s rump
bigger than mine

… by Roberta Beary - The Unworn Necklace (Snapshot Press 2007)

That sounded about right. See also: “Lower-income Neighborhoods Associated With Higher Obesity Rates” (Science Daily, Feb. 10, 2008) (”A new study appearing in the journal Nutrition Reviews reveals that characteristics of neighborhoods, including the area’s income level, the built environment [e.g., “barriers to physical activity”], and access to healthy food, contribute to the continuing obesity epidemic.”); “DIETING LINKED TO INCREASED WEALTH, STUDY FINDS” (Research News, July 2005) (”Overweight Americans who lose a lot of weight also tend to build more wealth as they drop the pounds, according to new research.”); and “Obesity Often Linked to Income” (npr, Aug. 18, 2004) (”Americans spend a good deal of money eating out, a habit tied to the nation’s obesity epidemic. Researchers say the less people can pay for food, the more calories they consume.”)

dia de los muertos —
the anorexic looks
envious

……. dagosan

Nonetheless, the f/k/a Gang doesn’t [usually] just stop its research as soon as we find materials confirming our own assumptions. And, when we looked at a few additional Google results for the search “obesity [income OR wealth]”, we quickly saw that — like just about everything we talk about at this site — things are not as simple or clearcut as we first thought.

For example:

• “Obesity surges among affluent” (by Nanci Hellmich, USA TODAY, May 2, 2005) According to this article, “Obesity a condition that for decades has been more prevalent in the poor, is skyrocketing among affluent Americans, a new study finds. Defined as 30 or more pounds over a healthy weight, obesity has increased nearly threefold over a 30-year period among Americans who earn more than $60,000 per year, according to researchers at the University of Iowa College of Public Health.” Since the 1970’s, obesity rates “went from 9.7% to 26.8% . Among those making less than $25,000, the increase was much smaller, from 22.5% to 32.5%.”

These are scary numbers, but they do no necessarily contradict the Rich Is Thinner notion, since — for most Americans — “rich” and “affluent” refer to people making a lot more then $60,000 per year. I’d like to see how the numbers break down for the “truly rich” who can afford to go upscale. But, what about:

• “Children’s Risk of obesity soars with family income” (Sept. 17, 2008) According to the Daily Mail, “Children with wealthy middle class parents are more likely to be overweight or obese than those from poor households, a study has revealed.” The article goes on to say th