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Saturday, August 21, 2004
Moving to TypePad
This may be the last post for Rain Man, rechristened Rain Man 1. I've opened up an account with
TypePad and have started a new blog there, called Rain Man 2. This move will allow me to use features offered by TypePad but not offered by Earthlink.
4:44 pm | link
Friday, August 20, 2004
Sazeracs and the City
When I'm at home, I drink Dewars on the rocks. But when I'm in a New Orleans bar, my favorite concoction is a Sazerac.
In this article, my neighbor Chris Rose explains what that is and why it's so New Orleans. I don't know who makes the best Sazerac,
but ambience-wise, the best place to sip one is the Napoleon House, on a rainy summer afternoon.
7:29 pm | link
More on T-Model Ford
This morning I was looking for support for yesterday's statement that T-Model Ford didn't learn to play guitar until
he was 58 years old. I found it in Ed Mabe's interview of the man himself. So if you think you're too old to dust off that guitar and have some fun, think again.
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Thursday, August 19, 2004
Weekly World News added to sidebar
7:33 pm | link
Guitars and lawyers
Evan Schaeffer has a wonderful post about his lifelong pal: a Fender Jaguar guitar. It brought back memories of my own electric guitar, an Ovation Deacon, which I still have but never learned how to play well. Ernie the Attorney plays some guitar; in fact he takes regular lessons.
If you once had a rock-and-roll dream, you're probably not too old to pursue it. After all, T-Model Ford didn't take up guitar until he was 58 years old.
12:15 pm | link
Wednesday, August 18, 2004
Bob Log III coming to New Orleans
According to Fat Possum's email newsletter, Bob Log III's worldwide tour is coming to New Orleans. He'll appear at the Spellcaster Lounge on
September 25. To see other stops on the tour, click here.
"Who the hell is Bob Log III?" you ask? This is how Tom Waits described him in Time Out London: "Well, I really like Wu Tang Clan, those guys
kill me. And then there's this guy named Bob Log, you ever heard of him? He's this little kid -- nobody ever knows how old
he is -- wears a motorcycle helmet and he has a microphone inside of it and he puts the glass over the front so you can't
see his face, and plays slide guitar. It's just the loudest strangest stuff you've ever heard. You don't understand one word
he's saying. I like people who glue macaroni on to a piece of cardboard and paint it gold. That's what I aspire to basically."
8:03 am | link
Tuesday, August 17, 2004
Please, just one more link to the latest Onion?
Oh -- all right. (As a long-suffering Saints fan, I can't resist this headline: "Who do you think you are -- former New Orleans Saints linebacker Pat Swilling?" Bills fans will love the closing
line.)
7:57 pm | link
Oval Office is finally the way Pres. Bush wants it
After nearly four years, President Bush has finally gotten the Oval Office decorated and furnished his way, according
to this story. It quotes White House curator William Allman as saying, "I'm sure President Bush's halogen lamp, rotating
CD rack, and six-foot iguana terrarium will be valuable additions to our permanent collection, even if he did have to throw
out the desk to make room for everything."
P.S.: Another front-page headline: "Homosexual tearfully admits to being governor of New Jersey."
7:46 pm | link
Well, that's one way to run the billable-hour meter
Here is a remarkable passage from Levy v. Stephens, 54 So.2d 842, 843 (La. App. 2 Cir. 1951). To set the
stage: Defendants were appealing the court costs assessed against them, including the court reporter's charges.
Keep in mind that no one had word-counting software in 1951.
Defendants' assiduous counsel testified that he had counted the words of the testimony and found same to be 22,374, for
which he says only 15¢ per one hundred words should have been charged, or $32.56, a difference of $17.44; and that the record
of the trial of the first rule ..., for which the reporter charged $25.00, there are by count by him only 5,975 words, which,
charged at 15¢ per hundred, would amount to $8.96, a difference of $16.04. On this score, defendants contend that excessive
costs to the amount of $26.44 have been charged.
In other words, this lawyer manually counted more than 28,000 words of testimony, in an effort to save
his client $26.44. The court rewarded his efforts by subtracting $18.30 from the court reporter's bill. I'm sure
the client was pleased.
3:33 pm | link
Wowbagger
Take a look at the web site for " Wowbagger," an insult generator, full name: "The Second Reincarnation of the Final Grandson of Wowbagger the Infinitely Prolonged." You
can download the program, or just click on the "insult" button for some free samples.
2:50 pm | link
Feed 'em verbiage
This sentence from a reported decision made me laugh:
Louisiana Revised Statute 13:4533 gives the trial court discretion in whether or not to feed the civil jury with the
verbiage "... and all other costs allowed by the court ...."
Meyers v. Basso, 381 So.2d 843, 846 (La. App. 1 Cir. 1980).
Verbiage refers to language that is prolix or redundant. Although the jury is fed lots of verbiage
during a trial, that's probably not what the judge meant when he wrote the quoted passage.
The problem here is that the adverbial prepositional phrase with the verbiage is in the wrong place.
It's meant to modify give, but it's located closer to feed, thus giving the impression that it modifies
feed. The lesson here: Put modifers close to what they modify.
Another problem is the phrase whether or not. Properly used, the phrase means "regardless of whether."
If we want to say that the judge may or may not decide to feed the jury, we should say that the law "gives the trial court
discretion in whether to feed the civil jury ...."
Here's a rewrite that fixes both problems:
By the phrase "and all other costs allowed by the court ...," La. R.S. 13:4533 gives the trial court discretion
in whether to feed the civil jury.
11:54 am | link
Monday, August 16, 2004
Briefs & Things, by TGL Media
Briefs & Things is a law blog written by DRI colleague Deb Ausburn and hosted by TGL Media. TGL stands for "Two Geeks and a Lawyer." The company does various kinds of computerized litigation support.
9:47 am | link
Sunday, August 15, 2004
The Word Detective
Bookmark this. And consider adding it to your sidebar -- I did. Anyone who can tell you more about the word knucklehead than the OED can (see below) belongs in your reference library.
7:29 pm | link
Saturday, August 14, 2004
At least it wasn't Confederacy of Dunces
I took the Book Quiz (link below). Guess I'd better read the book.
 You're
To Kill a Mockingbird! by Harper Lee Perceived as a revolutionary and groundbreaking
person, you have changed the minds of many people. While questioning the authority around you, you've also taken a significant
amount of flack. But you've had the admirable guts to persevere. There's a weird guy in the neighborhood using dubious means
to protect you, but you're pretty sure it's worth it in the end. In the end, it remains unclear to you whether finches and
mockingbirds get along in real life. Take the Book Quiz at the Blue Pyramid.
5:09 pm | link
The peril of isolation
Today's Daily Dig from Bruderhof struck home:
We are part of the whole which we call the universe, but it is an optical delusion of our mind that we
think we are separate. This separateness is like a prison for us. Our job is to widen the circle of compassion so we feel
connected to all people and all situations.
Albert Einstein
The Dig came with a link to an essay by Fyodor Dostoevsky, which also hit home. Here's an excerpt:
[It is] the isolation that prevails everywhere—above all
in our age—yet has not fully developed; it has not reached its limit. For everyone strives to keep his individuality as apart
as possible, wishes to secure the greatest possible fullness of life for himself; but meantime all his efforts result not
in attaining fullness of life but in self-destruction, for instead of self-realization he ends by arriving at complete solitude.
10:01 am | link
Friday, August 13, 2004
A complete waste of your on-line time
Fuali.com has lots of fun stuff. I took several of the tests, and found out that I'm not any more than 19% anything.
1:53 pm | link
Thursday, August 12, 2004
Knuckleheads making a comeback?
A couple of days ago, a Parsippany, NJ newspaper columnist wrote, " The last time you heard the word 'knucklehead' might have been when you were watching the 'Three
Stooges.'" Actually, I've noticed the word popping up a lot lately. For instance:
- A few weeks ago, Bill Cosby made news by referring to some uneducated people as "knuckleheads." Said Bill, "Everybody knows it's important to speak
English except these knuckleheads...."
- Last week, a New Orleans Saints rookie ended his contract holdout because he worried that people might think him a knucklehead.
- Last month, a columnist in Peoria asks the rhetorical question, "What knucklehead first came up with the wild idea of former Bears coach Mike Ditka serving
in a public post?"
- A quick Google News search for knucklehead turned up 55 recent stories containing the word.
Knucklehead is a wonderful, colorful metaphor. But it's hard to find in a dictionary.
The on-line OED gives it short shrift, hiding it in the definition of knuckle.
Lucky for us, Word Detective comes to the rescue:
"[K]nucklehead," meaning a stupid or slow-witted person, is classic US slang dating back to the period
of World War II. Apparently "knucklehead" arose as a variant of "bonehead," meaning that a stupid person has a thick
skull impervious to listening or learning. (The word "knuckle," meaning the end of a bone at a joint, itself comes from
a Germanic root meaning "little bone.") There's some evidence that "knucklehead" was originally military slang.
That, my friends, is a great description of knucklehead. Not just stupid,
but a particular kind of stupid -- a hard-headed, "shut up I know what I'm doing" stupidity. You
can imagine the knowledge trying to get into the brain, only to bounce off of the thick bony skull. Knucklehead
conveys a lot of meaning, a lot of imagery, in just three syllables. We don't need more knuckleheads, but we need
more words like knucklehead.
7:13 pm | link
The Economist Style Guide
Many thanks to Ernie for pointing this out. The Economist has an on-line style guide. If you care about good writing, bookmark it.
11:44 am | link
Wednesday, August 11, 2004
A creative blog
7:32 pm | link
Judge Easterbrook on opinion-writing and brief-writing
This month's subject for How Appealing's 20 Questions is Judge Frank Easterbrook of the 7th Circuit. In his answers to questions 9 and 10, he gives valuable advice
for writing opinions and briefs.
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Twelve ways to improve your writing
4:05 pm | link
Avoid gaps between subject and verb
Richard Wydick, Bryan Garner, and others recommend that you avoid a long gap between the subject and the verb of a sentence.
Why? Consider this example from a reported decision:
On August 28, 1991, the State of Louisiana, through the Department of Social Services, on behalf of Mrs. Harden's adoptive
son, plaintiff Eric Harden, filed suit against Southern Baptist Hospital.
I'll wager that most people, reading that sentence just once, will be confused about exactly who it was that
filed suit. I had to read it twice to figure it out. The reason is the 16-word gap between the subject, State
of Louisiana, and the verb, filed.
The solution is to move some of those intervening words someplace else. One place to move them might be
after the verb and object:
On August 28, 1991, the State of Louisiana, through the Department of Social Services, filed suit on behalf of
Mrs. Harden's adoptive son, Eric Harden, against Southern Baptist Hospital.
I think a better solution is to break this sentence in two; at 29 words it's a bit too long:
On August 28, 1991, the State of Louisiana, through the Department of Social Services, filed suit against Southern
Baptist Hospital. The State sued on behalf of Mrs. Harden's adoptive son, Eric Harden.
1:48 pm | link
Tuesday, August 10, 2004
R.L. Burnside's latest
Fat Possum has announced the release of R.L. Burnside's latest album, "A Troubled Mind." If you go here, you can listen to three cuts.
10:30 pm | link
Evolution of a songwriter
"When you got nothing, you got nothing to lose."
"When you think that you've lost everything / You find out you can always lose a little more."
9:50 am | link
Send out the clowns
You must read today's feature in the Times-Picayune by Chris Rose, titled Send Out the Clowns. Here's the intro:
Prince doesn't like funny painted men with rubber noses and big feet, so word is he wouldn't play on the Superdome stage
last month unless Ronald McDonald hit the road first. What Prince wants, Prince gets.
And apparently "Prince meant 'goes,' as in: leaves the building."
9:41 am | link
WordNet
WordNet describes itself as follows:
WordNet® is an online lexical reference system whose design is inspired by current psycholinguistic theories of human lexical
memory. English nouns, verbs, adjectives and adverbs are organized into synonym sets, each representing one underlying lexical
concept. Different relations link the synonym sets.
WordNet was developed by the Cognitive Science Laboratory at Princeton University under the direction of Professor George A. Miller (Principal Investigator).
7:53 am | link
A little self-promotion
Last week, the Defense Research Institute (DRI) published a little profile of me in its weekly email newsletter, The Voice. They were kind enough to mention and link to this blog.
7:45 am | link
More on my family's WWII hero
On July 19, I wrote about my father-in-law, Ignatius DiGeorge, who, after a decades-long delay, received the Purple Heart and Bronze
Star that he earned in WWII. The medal ceremony was held at the D-Day Museum here in New Orleans. Yesterday I
learned that the museum issued a press release about Ignatius, which you can read by clicking here.
7:40 am | link
Monday, August 9, 2004
Double-tongued word wrester
Al Robert told me about this site. This is how it describes itself:
Double-Tongued Word Wrester records words as they enter and leave the English language. It focuses upon slang, jargon, and other niche categories which
include new, foreign, hybrid, archaic, obsolete, and rare words. Special attention is paid to the lending and borrowing of
words between the various Englishes and other languages, even where a word is not a fully naturalized citizen in its new language.
1:22 pm | link
Sunday, August 8, 2004
Go your own way
Soren Kiekegaard wrote this essay warning us against following the crowd. He says that the crowd corrupts, because the crowd is untruth.
10:40 am | link
Instantaneous karma
Yesterday I heard a newscaster say that something occurred "instantaneously." I started wondering: Is instantaneously
just a six-syllable synonym for instantly?
The difference in meaning between these two words is subtle. Instantly refers to one thing immediately
following another. Instantaneously refers to two things occurring almost simultaneously, in the same instant --
think of it has a superlative form of contemporaneously.
As for the related adjective, instant, some guy once wrote this:
Lawyer’s often misuse the instant as a pompous substitute for this or
the. We’ve all seen drivel like “the instant
motion” and “the instant case.” I’ve even seen “the instant accident,” and the writer did not mean an accident that happened
instantaneously. I’ve had instant coffee and instant oatmeal for breakfast, but I’ve never been able to whip up an instant
motion. And what is the opposite of an instant accident — an accident that take half an hour to occur?
Instead of misusing instant like
this, replace it with this or the, and improve your writing instantly: “this motion,” “this
case,” “the accident.”
10:36 am | link
Thursday, August 5, 2004
Pleonasm
Today some language in a dissenting opinion caught my fancy. The dissenting judge referred to language in
another decisin as "pure, unalloyed, and unadulterated obiter dictum." Stockelback v. Bradley, 159 La. 336,
342-43, 105 So. 363, 365 (1925) (O'Niell, C.J., dissenting).
Now, all of us should try to avoid unnecessarily redundant legal phrases -- what Bryan Garner calls doublets and triplets
-- such as null and void, or vain and useless. You could call pure, unalloyed, and unadulterated
a triplet; after all the three adjectives all mean the same thing.
But for me, Justice O'Niell's triplet works. And I've been trying to figure out why it works.
For one thing, it's fresh -- not a stock legal phrase like the doublets and triplets we should avoid. I just did
a computerized search for cases containing unalloyed and pure in the same sentence, and this case was the
only one that the search returned. Also unalloyed has a metaphoric quality -- the word usually describes purity
of metal, not purity of language.
But why do three adjectives do something that just one wouldn't? I think I found the answer in Bryan Garner's The
Elements of Legal Style (2nd edition), where he describes the rhetorical device called "pleonasm." Says Garner,
"The term often means 'redundance' and is used disparagingly, but it also has a rhetorical sense in which it refers to purposeful
amplification that clarifies or elaborates the thought." I think that describes what Justice O'Niell did.
Pure would have conveyed the thought in fewer words. But for me, pure, unalloyed, and unadulterated
was more striking.
6:36 pm | link
Wednesday, August 4, 2004
A new look
I thought I'd try a new look for this web log. Behold.
8:08 pm | link
Tuesday, August 3, 2004
Create a portrait
8:25 pm | link
Answer to trivia question
The connection between Brain Salad Surgery and New Orleans is Dr. John. Check this verse from Right Place, Wrong Time:
I been running trying to get hung up in my mind Got to give myself a good talking-to this time Just need a little
brain salad surgery Got to cure this insecurity
The liner notes on Brain Salad Surgery confirm that ELP got the album title from Dr. John's lyric.
7:59 pm | link
Music trivia
Back on May 12, I wrote this post about Emerson Lake & Palmer's classic, Brain Salad Surgery. Here's an interesting question: What (or who) is the connection between that classic album and New Orleans?
If you think you know, hit the "Comment" link at left and send me an email.
5:08 pm | link
Monday, August 2, 2004
Traditional family values fostered here
It says here that "liberal" Massachusetts has a lower divorce rate than states that Bush carried in 2000.
8:05 pm | link
One celibate's view of celibacy
As a former Catholic seminarian, I found this article interesting.
8:01 pm | link
Can't tell the difference
It's advertising, but it's funny. Go there, move your cursor over the picture in the middle (after it downloads), and click to see a
strange mixture of sight and sound. My favorite: Grandma and Grandpa doing "Come Dance Wit Ja."
7:54 pm | link
A good dig
I like yesterday's Daily Dig from Bruderhof. This is by G.K. Chesterton:
In everything worth having, even in every pleasure, there is a point
of pain or tedium that must be survived, so that the pleasure may revive and endure. The joy of battle comes after the
first fear of death; the joy of reading Virgil comes after the bore of learning him; the glow of the sea-bather comes after
the icy shock of the sea bath; and the success of the marriage comes after the failure of the honeymoon.
7:50 am | link
Clients hate pompous legal language
When I wrote Speaking of below, I'd had a few Dewars on the rocks. Let me try again with a clear head:
Clients hate pompous legal language. If you don't believe that, read this post by Rufus T. Firefly, in-house counsel for Ginormous Corporate Entity. It includes a list of phrases that, when read,
leave the impression that the writer is a nitwit.
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