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Rain Man 1
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"The tools belong to those who use them."
-- Author unknown

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.
 
So come on over to Rain Man 2 and see what's new.
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.
9:59 am | link

Thursday, August 19, 2004

Weekly World News added to sidebar
Thanks to Mr. Poon, I recently learned that there's an on-line edition of the Weekly World News.
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
If you wish blogs were more original, here's one that is:  gapingvoid.  Go there and read the thread on how to be creative.
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.
5:07 pm | link

Twelve ways to improve your writing
Yesterday on the Illinois Trial Practice Weblog, Evan Schaeffer completed assembly of his Six Posts About Better Writing.  Meanwhile, on Notes from the Legal Underground (Evan's other blog), guest blogger Dennis Kennedy has written his own Six Great Ways to Unmuddle 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."
Bob Dylan, Like a Rolling Stone, 1965.
 
"When you think that you've lost everything / You find out you can always lose a little more."
Bob Dylan, Tryin' To Get To Heaven, 1997.
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
I found Abi-Station on Will Work for Favorable Dicta.  It lets you create a portrait by selecting features from a bunch of menus.  I did mine, and it isn't too far off from the real me.  Compare:
 
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.
 
The last item on Rufus's list calls to mind this item, which fans of Pulp Fiction may want to buy.  (Courtesy of Mr. Poon.)
7:46 am | link

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