I have written on AIDS and Africa, before, and discussed the horrifying impact of this syndrome on that continent. But, there were a couple of articles this weekend in the NY Times that brought it all back again. A team of reporters spent 5 weeks in Lavumisa, Swaziland, a small town in South Africa. They interviewed scores of residents. The reporters also recorded their observations. The story is hard to put down. But, primarily, it is a newspaper article. This means it has heart rending human suffering details with hard facts about the impact on the society. I am interested in the facts, here, although I read the human suffering details in the article and found them quite moving. No, my interest is primarily in the huge dislocative effects on society writ large. The disease is destroying society and in Africa and turning the clock back on decades of social and economic progress. As the article asks:

Epidemics typically single out the aged and young - the weak, not those at society's core. So what happens to a society when its fulcrum - its mothers and fathers, teachers, nurses, farm workers, bookkeepers, cooks, clerks - die in their prime?

No one will be able to forecast with any great degree of certainty how this will play out, but we can extract some nuggets from the article just the same, which I do in the extended entry: more...

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The Isabella Stewart Gardner Museum in Boston, one of my favorite small jewel like museums has announced (pdf) a major new expansion, complete with celebrity architect, Renzo Piano.

The museum is a Venetian gothic palace and one of the best buildings in Boston.

Renzo Piano is known for some of the most important museum buildings, such as:

*the Centre Pompidou in Paris (although I think that was with Rogers from London)

*Chicago Institute of Art expansion

*Morgan Library Expansion. The Morgan Library is the most interesting to me because you can really see how he integrates the addition into the existing historic structure.

I don't know if we can get a sense of how he will do it here, but I really hope it will be a sensitive treatment.

The Gardner, by the way, is also well known for the robbery that took place there in 1990:

stole three Rembrandts, including the Dutch artist's only seascape, "Storm on the Sea of Galilee."

It was one of several works the thieves savagely cut to release it from its frame, leaving ragged edges of the canvas behind in otherwise empty frames, which continue to hang in the museum to this day.

Also taken from that room was "The Concert" by Vermeer, as well as a Chinese bronze beaker located near the Rembrandt.

The thieves also apparently tried to steal a fourth Rembrandt but were unsuccessful.

"They tried to pry the wooden frame," explained Prouty during a recent interview in his Boston office.

Nearby, they also made off with "Landscape with an Obelisk," an oil painting by Govaert Flinck that was until recently attributed to Rembrandt, Flinck's mentor.

On the other side of the floor, the thieves went into the Short Gallery and ripped five Degas sketches from the wall. Feet away a bronze eagle that adorned the top of a Napoleonic flag was also pillaged.

A Manet portrait, located in the museum's Blue Room on the first floor, capped off the list of works the thieves stole.

Left off that list above, from the CNN article, was a splendid Rembrandt self portrait.

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Go see, and sing to yourself, Jim's tribute to Rodgers & Hammerstein. Hilarious.

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How does the Eco-System work? Anybody know? My eco-system ranking bounces all over the place. It reached the dizzying heights the other day of 106 links only to drop, for no apparent reason, to 60 links, in one swell foop. How does it work? How does it calculate links and so on?

I'm tempted to pull it off my blog entirely.

Any thoughts?

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Today is the day I push to complete the remaining *cough* 10 hours of Continuing Legal Education. Streaming video is my friend under these circumstances. I can sit here, blog a little, learn a little, clean my desk, etc.

For your information, because I know you care, here are the following classes I'm taking today (and maybe tomorrow morning):

*Evidence & Objections: Laying Foundations for Introducing and Raising and Rebutting Evidence (2 hours)

*The Irving Younger CLE Series: Hearsay (Younger was a legend of the trial bar) (3.5 hours)

*Inadvertent Disclosure: I Didn't Mean to Read It, I Forgot What It Said - Can I Stay in the Case? (2 hours of ethics credit)

*What Every Lawyer Should Know About LLCs and LLPs (4 hours)

Can you feel the excitement? Is it crackling over your internet connection?

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1 Actually, the LLCs and LLPs are something I've been curious about. Can I sit in and 'splain it to ya later?!

Posted by: Tuning Spork at November 29, 2004 09:38 PM (A6e6g)

2 Wow, you read the whole post! Maybe, as a reward, I'll email you some of the materials for the course.

Posted by: RP at November 30, 2004 08:51 AM (LlPKh)

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The place to go to follow the election crisis in Ukraine is to King's blog: SCSU Scholars. King worked in Ukraine and brings a terrific focus to the crisis. Very good stuff, indeed.

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I never lack for material on Zimbabwe. I know it may not be a matter of great interest to many of my visitors (I can tell by the lack of comments), but it is of great interest to me. Mugabe, the dictator-in-chief of Zimbabwe, has introduced new legislation to curb critics by providing for jail time of up to 20 years if you "publish or communicate a falsehood".

The latest law, which comes among a rush of new Bills, ahead of elections next March, makes it an offence to publish or communicate "to any other person a statement which is wholly or materially false with the intention of realising that there is a real risk of inciting or promoting public disorder or public violence or endangering public safety or, adversely affecting the defence and economic interests of Zimbabwe: or undermining public confidence in a law enforcement agency, the Prison Service or the Defence Forces of Zimbabwe; or interfering with, disrupting or interrupting any essential service," that person "shall be guilty of publishing or communicating a false statement prejudicial to the State and liable to a fine up to or exceeding level 14 or imprisonment for a period not exceeding 20 years or both."

Critics have condemned the slack phrasing of the bill. "The question of what is a falsehood will depend on which judge hears the case," said Beatrice Mtetwa, a human rights lawyer.

Mr Coltart said one clause in the new bill also makes it an offence for any citizen, either in Zimbabwe or outside the country to make an "abusive, indecent or obscene statement" about President Robert Mugabe, "even if it is a true statement", he said.

Let's be clear about how bad this law is.

David Coltart, legal secretary of the opposition Movement for Democratic Change, said: "The section relating to crimes against the state in this bill embodies the most fascist legislation this country has known, far worse than the most draconian laws passed by the Smith regime. The sentence of up to 20 years amounts to a death sentence in Zimbabwe's prisons."

Source

I assume that stories like this, about children forced into prostitution, will be called "falsehoods". Put the situation into context:

Food shortages in Bulawayo have claimed the lives of more than 160 people in the past year, according to Japhet Ndabeni-Ncube, the city's mayor and a member of the opposition Movement for Democratic Change.

Although the government announced a "record harvest" in May and ordered the World Food Programme to stop distributing aid, a Zimbabwe parliamentary committee gave warning this month that the country would run out of food before April.

Mr Mugabe's seizures of white-owned farms have led to the collapse of a once-thriving agricultural economy. Zimbabwe used to be able to export food to drought-stricken neighbours in southern Africa. Now, the plight of its people is worsened by the spread of Aids - at least one in three of Zimbabwe's population is HIV positive. Despite the terrible risks, Linguile and hundreds of other girls who sell their bodies are prepared to have unprotected sex to make more money.

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I was right. Slowing down to take things in at the pace of a 21 month old is good for the soul, even if it is bad for the back. And arms.

I carted the young master off to Gotham today. We took the 8:56 train in this morning to get up to the Museum of Natural History. We had no car seat with us so we took the bus up and a bus over. He seemed to enjoy it very much. The train ride was interesting. I reckon he has never heard the word "motherfu**er" quite so much or said with such varying degrees of admiration or affection. It got to the point where I was seriously considering asking the guy to tone his language down, but I was not inclined to get into an argument about it, especially since my son doesn't even talk yet. I also venture to guess that this would be the first time the boy has had the pleasure of the word "ni**er", and no, it wasn't from me (in case you were wondering).

It was a beautiful day in the City. The kind of day that made me sorry I ever moved out. If we were better dressed, I would have taken the boy to brunch.

The musuem was relatively crowded. But, for some reason, the butterfly exhibit was empty. We were there with maybe only 5 or 6 other people. The volunteers had time to show us all kinds of different butterflies. There were about 500 of them flying around in there with us. One of them landed on me. It was beautiful and when it closed its wings, it looked exactly like a leaf. Amazing natural camoflage. The boy kepy running around and pointing at them so I'm pretty sure he was engaged, and that's all I wanted.

I then took him to see the hall of the mammals. He kept running around the elephants, pointing up at them and saying, "Bah!!" Bah is his word for any animal and every animal, fish included. He was adorable.

I got him home in time for lunch (barely) and down for a nap a little late. I know he was tired today because at bedtime tonight, we went down like a stone.

One final thought in this disorganized and disconnected post, taking care of one child is so easy. I kind of forgot that.

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Riding in the car tonight, listening to some lame radio station do a less lame holiday weekend music countdown of the top 100 or maybe even 500 best dance songs, when I was confronted by the music of Tone Loc. Remember him? Who can forget the immortal words of Funky, Cold Medina? I mean, besides me. They played Wild Thing. I quote the relevant bits:

Doin' a little show at the local discotheque

This fine youg chick was on my jack so I say what the heck

She want to come on stage and do her little dance

So I said chill for now but maybe later you'll get your chance

So when the show was finished I took her around the way

And what do you know she was good to go without a word to say

We was all alone and she said "Tone let me tell you one thing
I need $50 to make you holler I get paid to do the wild thing"

Say what
Yo love you must be kidding
You're walkin' babe
Just break out of here
Hasta la vista baby

I'm glad Tone took the higher moral road here. Besides, who knows what you could catch from some skanky ho charging $50 to do the wild thing.

I wonder, idly, what ever happened to Tone? Or Young MC, for that matter, who collaborated with Tone. Young MC, you may recall, had the Econ degree from USC and gave us Bust a Move. I loved that one. Or, Off to the Principal's Office I go. I can quote that one from memory ("a nurses late pass like a gun on my hip. . ."). This was before rap got kind of ugly and there was no place left anymore for Young or Tone.

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I just lost a huge post that took me over 45 minutes to write. I am way too frustrated to recommence.

So, something different.

The Bronx Zoo was great fun. It was seriously empty. We were among the only ones in the parking lot when we arrived. We saw the bird house, the monkey house, the Congo exhibit, Tiger Mountain (damn, that was exceptionally cool), and the sea lions. The Boy Child had, I think, a very good time. Although he kept trying to ditch his mittens when he thought I wasn't looking. And he needed them, since it did not get above 44 degrees in the sun while we were there. The tigers were really the coolest. We were able to get right up to the glass in the stroller and this 8 foot tiger, he was enormous, came right up to the glass to examine my son. They just stared at each other for awhile until the tiger decided, I guess, that he would not be able to eat the boy. The boy seemed to be rendered speechless by this enormous tiger head a scant couple of inches away from his own. I don't blame him. I was a bit speechless myself.

Coming back from the zoo, we stopped off in Scarsdale to visit Zachy's, a well known wine store in the region. With the wife away, I decided to treat myself to a bottle of 18 year old Scotch whisky on the grounds that either I will get the job in Miami and will want to celebrate or I won't and I deserve some consolation. Poor reasoning, really, but what the hell. I am almost out and that is not acceptable. We do not live in Scarsdale and I'm glad. Why? How often do you see an Aston Martin parked outside the supermarket? Not very, I bet. Scarsdale sees them all the time. I turned from examining that to see the Mercedes G55, you know, the really ugly super expensive truck. It was being driven, and I use that word loosely, by a woman who held a cell phone to her ear with one hand (illegal in NY, by the way) and a half eaten apple in the other hand. I thought, wow, it is true. The rich really are different. They can drive with no hands.

May I speak about the boy child for a moment? Oh. My. God. What a beautiful little creature he is. He is like pure sunshine. Nary a cry or a whine the whole day. Laughter more often than any other noise. He pulls my head to his chest to cuddle me and makes these happy little cooing sounds. I can't wait for him to get up from his nap to go play, again. We are going out to dinner tonight with my parents and I am a little sorry it won't be just the two of us, but how can I keep such joy to myself? He needs to be shared a little bit, I think.

After he goes to bed tonight, it will be more Whisky (one glass) and a Bruce Lee film I have not seen in many years.

Tomorrow, weather permitting, I think we are going to head off to NY City and go visit the Museum of Natural History. I think he'll like the train in. There is a live butterfly exhibit and I hope he will find that compelling. If not, the City is a big place and we will find plenty to do, I bet.

Maybe, tomorrow morning, before he wakes, I will try to recreate my post on Pensions, Demographics and Immigration. A serious topic and I am plenty steamed that it just went POOF.

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Everybody was kung-fu fighting

Those cats were fast as lightning

In fact it was a little bit frightning

But they fought with expert timing

Ok, that was afterwards. After we had a very nice visit with my parents, and ate a bit too much, and watched the kids run around, and had pleasant conversation, and bid goodbye to the wife and Girl Child as they left to go to Norway. Then the Boy Child, two semi-eligible bachelors if there ever were any, came home for a little dinner for him, a bath, and then he was asleep before I was down the stairs. No nap for him, you see. In fact, as I was holding him to give him a good night kiss (one kiss was happily accepted), he then tried to throw himself from my arms into his crib. For 21 months, that is tired.

Then came the kung fu fighting! It was a totally selfish way to spend an evening. Pretty much perfect. I lit a fire and turned off the lights in the living room. I poured a glass of MacCallan 12 year old Scotch Whisky with a little bit of water and settled in to watch Crouching Tiger / Hidden Dragon which I had never seen before.

First, a question: why is bad to drink alone, again? I know that I must have known the reason for this at some point, but I can't seem to recall. I don't think I've ever gotten drunk alone. But a drink by myself? Wonderful and self indulgent and probably no worse than having a soda. No, a good glass of Whisky takes a rather long time to drink (at least, it takes me a long time) and is a nice experience on a number of levels. I like the idea of it, first of all. There is just something intangible about the idea of having a Whisky -- some combination of romantic notions I can't possibly distill here. I like the taste. I like the physical warming as it slides down. And having one by my lonesome is second best (sometimes better) than having one with a friend over an interesting conversation. No, I think that there should be more drinking alone, not less!

Anyway, the film was not quite as great as I had hoped it would be. I have a weakness for the Kung Fu classics. I used to go down to Chinatown to the all-day kung fu movie theater and spend an afternoon watching them. I don't know if that theater is still there, but it was a fun way to kill an afternoon. I think my favorite actor right now is Jet Li. I love his movies and his martial arts are first rate. My favorite was Fists of Legend. It has the best fight scenes I've ever seen and great production values. Tiger / Dragon was no Fists of Legend. It had some decent fight scenes but seemed to think that dramatic cut aways and lots of flying around was a good substitute for a well crafted fight. It ain't.

Anyway, must dash as the Boy Child is stirring after his short 12.5 hours of sleep and I have diapers to change, breakfast to fix, and a trip to the Bronx Zoo to plan.

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I have already, recently, done a post in which I set forth several things for which I was thankful and why and I don't think the subject bears revisiting so soon. No, instead of that, I will go on a bit about how I plan to spend my Thanksgiving, my favorite holiday.

We are going to my parent's house for Thanksgiving dinner, well, lunch this year instead of dinner. One nice thing that we do, and I assume we are not alone in this, is we go around the table and talk about what we are thankful for this year, what we are giving thanks for. I always enjoy that. We also have a tradition that we created after my mother had a stroke about 9 years ago. She was in the hospital and not able to join us, so it was just my dad, my wife and me. My sister was in Florida. None of the three of us particularly like turkey, as heretical as that may sound. My father had recently started a subscription to Cooks Illustrated, an excellent magazine, by the way, and had read about dry aging your own prime rib and slow cooking it at 200 degrees for something like six hours. So we 86'ed the turkey and made that instead. It was sublime. And that has become our Thanksgiving meal. Email me if you want the recipe and I'll send it to you. We also use the fabulous meat as an excuse to break out a really good bottle of wine, something far beyond the ordinary every day plonk. The meat deserves it, you know.

Then, at 4:00, my wife and the Girl Child depart for Norway. I am already missing my daughter and I told her that last night. She said that it would be ok and that I could call her in Norway to talk. But there is a silver lining in my little cloud -- ITS BOYS WEEKEND! The Boy Child and I are together for the whole weekend! I can see it now, sports on tv, cigars, scotch, chili, etc. Oh, wait, I forgot. He's only 21 months old. We can't have the cigars. But we can have chili because we discovered last night that he likes my super strong chili. Attaboy!

I am really looking forward to this weekend with him. I feel like it will be a great opportunity to get to know him better since his sister will not be around. It will also force me to slow down and do things at more of a 21 month old pace. This is a good thing. I could use the rest.

And then, when he goes to sleep, the evenings are mine! All mine!!! I can stay up and read, or rent all of the Christopher Guest movies, or run a little tasting test on the various single malts I have, or whatever. It will be pure freedom, constrained only by the need to stay within hearing reach of his monitor. You know, I might even try to get a little exercise. Naw, now why would I want to spoil a perfectly good weekend with something silly like that?

I like the freedom of being alone, of not having my wife around. You know why? The only reason it is enjoyable? Because it is limited in time. If she were gone for a long period, it would not be a treat, but a horrible disconnect. I would hate that, have hated it. How can I sleep, among other things? No, I will enjoy my little freedom as the compensation I get for worrying about my wife and daughter while they are away from me.

I hope everyone has a wonderful Thanksgiving with much to give thanks about!

Posted by: Random Penseur at 11:35 AM | Comments (10) | Add Comment
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1 Have a Happy Thanksgiving! And enjoy your break, you deserve it. I understand your point entirely, and I've always felt the same way. Whenever I would send my wife and daughter off to see her mother, it was my turn to relax. But after a few days I just missed them terribly. It's nice to get a breather sometimes, though. Hope you and the boy child have some serious male bonding!

Posted by: Mick at November 24, 2004 02:44 PM (VhRca)

2 Have a happy Thanksgiving, my friend. Oh, and for the unfettered Boy Time: Mazel tov!

Posted by: Margi at November 24, 2004 03:52 PM (MAdsZ)

3 You gotta take him to Hooters to experience the male trifecta...beer, wings, and um, hooters. Besides, who's he gonna tell?

Posted by: Howard at November 24, 2004 04:03 PM (e1Imk)

4 Mick, I hope you and Christina have a really great time together! Thanks, Margi! Back at ya, sunshine! Howard: That is a DAMN fine idea. Although, he has probably had more quality time with breasts in the past 20 months than I have!

Posted by: RP at November 24, 2004 04:21 PM (LlPKh)

5 Just a word of caution, from the voice of experience: Children have no inner-monologue. They crack on the witness stand. They 'fess up. Mommy will know. Trust me.

Posted by: Margi at November 24, 2004 04:36 PM (MAdsZ)

6 He likes your chili? That is so awesome. I remember the first time that Bear tried my hot wings and he liked them. I had tears in my eyes. Well, I always have tears in my eyes when I'm eating my wings but these were extra special tears. Happy Thanksgiving!

Posted by: Jim at November 24, 2004 05:39 PM (GCA5m)

7 I was never so proud as when I saw my nephew shaking black pepper onto his tongue. *sniff*

Posted by: Tuning Spork at November 24, 2004 11:52 PM (fQhXy)

8 Parting is all we know of heaven, And all we need of hell. --Emily Dickinson Boys will be boys. Have fun this Thanksgiving, Penseur.

Posted by: Jester at November 25, 2004 03:09 PM (yS8Mo)

9 Happy Thanksgiving, RP. Enjoyed reading about your traditions and perspectives on relaxation. And I hope you really enjoy Boy's Night this weekend. I'm a Grandma, so I just have to nag. Could you just cool the Chile a little from your standard mix - you did say 21 months, didn't you?

Posted by: Roberta s at November 25, 2004 04:34 PM (M3w1y)

10 Margi, that is a very useful tip which I will keep in mind when he acquires langauge skills. Right now, I am shielded by his inability to communicate with words. Hey, Jim, Happy Thanksgiving back at ya! Black pepper? On his tongue? Ouch. Jester, what a pleasure to see you again! Roerta, I appreciate the caution and accept it happily in the spirit in which it was meant. The Boy Child gets his portion toned down by adding lots of sour cream and cheese. He still looks a bit surprised by each bite, but not in a bad way. Your comments and even admonishments are always welcome!

Posted by: RP at November 26, 2004 04:36 PM (X3Lfs)

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Simon had an amusing post today about a visit to a pet behaviourist who recommended drugging dogs. Simon laughed alone in the room. I'd have joined him in laughing. But that's not why I reference his post. No, it was the description of the vet that got to me. Simon describes him as "an Armani-suited, Cartier-glasses, Rolex watch wearing man".

That description got me to thinking about service providers. Broadly, people you pay to preform services as opposed to providing you with goods. By way of example, I mean lawyers, doctors, plumbers, dentists, and accountants. Vets, too, I suppose. I am a service provider as a lawyer. As a service provider, the last thing I want to do is to dress as if my client is paying me too much. This would make any client suspicious about the fees. Why is this guy so flashy with my money? That is not to say that you should not dress successfully, because you should. If you look like a loser, you will also turn clients off. No, the watchword here is: Discrete.

Be discrete in your appearance if you are a service provider. I am a timepiece slut. I love watches and I like to dress well. I do not wear Armani, however, or any other brand that is going to be instantly recognizable. I do not own a Rolex nor a Cartier. Nor would I wear a watch that would be instantly known to my client. In fact, I wear an IWC. Bet you haven't heard of them, have you? IWC is a very fine Swiss watch maker and this watch is a thing of beauty. But a client isn't going to look at it and say, that's where my fees are going? Nope. I think it is not a good business decision to force a client to think like that.

In fact, I'll give you an example. Shortly after we moved into our new house, my wife arranged for someone to come by with cases of fabric to give us an estimate on drapes/curtains. For some reason, these things cost more than their equivalent weight in diamonds. After the affable Rolex-wearing salesman made his pitch, he told us, in an effort to pressure us to commit, that he was so busy that he had to buy that Cadillac parked outside our house because he was spending so much time in the car and what did we think of that. I looked at the car and his watch and said, "I think it tells me that you are charging me too much for these curtains". And that was that.

Finally, I would consider it poor judgment to hire someone who thought it showed good judgment to overpay for a Rolex. If it were a Patek, on the other hand. . .

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Proximate cause is a legal concept that you find in tort cases and in securities fraud. It is a requirement that there be a causal link between the wrong alleged and the damage caused. It is sometimes thought of as the "but for" test. But for the actions of the defendant, plaintiff would not have been damaged. Here is a not very illuminating definition.

In any event, I saw in the New York Law Journal today, a story about proximate cause that really caught my eye. I quote (because I don't know how long that link will be good for):

A piece of grilled shrimp flung playfully by a Japanese hibachi chef toward a tableside diner is being blamed for causing the man's death.

Making a proximate-cause argument, the lawyer for the deceased man's estate has alleged that the man's reflexive response -- to duck away from the flying food -- caused a neck injury that required surgery.

Complications from that first operation necessitated a second procedure. Five months later, Jerry Colaitis of Old Brookville, N.Y., was dead of an illness that his family claims was proximately caused by the injury.

But for the food-flinging incident at the Benihana restaurant in Munsey Park, N.Y., Colaitis would still be alive, attorney Andre Ferenzo asserts.

"They set in motion a sequence of events," he said.

Alleging wrongful death, Colaitis' estate is seeking $10 million in damages. The complaint includes claims for pain and suffering and loss of consortium.

Benihana has denied all of the complaint's material allegations. In other papers filed with the court, defense attorney Andrew B. Kaufman also questioned whether Colaitis was trying to avoid the flying shrimp or catch it in his mouth.

* * *

When the chef flipped a piece of shrimp at Colaitis, he allegedly ducked away, injuring two vertebra in his neck. Doctors reportedly told Colaitis that if he did not have corrective surgery, another injury to the same disks might leave him paralyzed.

The first operation was in June 2001, six months after the Benihana dinner. A second procedure was performed two weeks later.

In succeeding months Colaitis developed a high fever and problems with his breathing and memory. He died in a hospital five months after the second surgery, on Nov. 22, 2001.

A contributing cause of his death, Ferenzo said, was a blood-borne infection. Justice Mahon's decision also listed respiratory failure and renal failure as causes of death.

Neither side has sought to add the doctors or hospital where the surgery occurred, New York University Medical Center, to the case. Colaitis died at St. Francis Hospital in Roslyn.

Arguing for partial summary judgment, defendant's attorney Kaufman challenged the plaintiff's ability to prove proximate cause. In court papers, he said that Benihana cannot be liable for Colaitis' death because of a break in the chain of causation between the first or second procedures and his death five months later.

"Essentially, as the plaintiff's decedent died of an unidentifiable medical condition, the plaintiff will be unable to establish that any alleged negligence by Benihana proximately caused his demise," Kaufman wrote.

In denying defendant's motion, Justice Mahon held that whether the tableside events caused Colaitis' death would best be resolved at trial.

I think that the defendant has a pretty good argument here and I am shocked that no one has brought the hospital in. Unless, of course, he did not die from any malpractice. I don't know about this one. Interesting issue.

UPDATE:

Thanks so much for the link from Robert at the Llama Butchers! After you linked, Robert, I went ahead and did a little legal research (2 minutes and 40 seconds, according to Westlaw, actually), and I include below a discussion of the concept of proximate cause from a very recent opinion. So, click on Extended Entry if you want to see what the Hon. Herbert Kramer has to say about the concept in connection with a case involving Philip Morris, cigarettes, and the issue of comparative fault. The case is called, FRANKSON v. PHILIP MORRIS INCORPORATED, 4 Misc.3d 1002(A), 2004 WL 1433008 (Sup. Ct. Kings Co. June 24, 2004). more...

Posted by: Random Penseur at 12:43 PM | Comments (6) | Add Comment
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1 I'm just glad he didn't die from a ruptured bowel. Coilitis...bowels... Ah, foo. Another 6 months in purgatory.

Posted by: Jim at November 23, 2004 03:20 PM (tyQ8y)

2 Sokay, Jim. I've got a reserved Party Table in Hell. Pack light. The express train is crowded. Oh, and Jim? BIFURCATE BIFURCATE BIFURCATE! Vicarious liability? I love it when my husband talks "radio talk" to me. Do you and Robert talk tort reform to your significant others? Inquiring minds wanna know. 0 )

Posted by: Margi at November 23, 2004 06:19 PM (MAdsZ)

3 No, Margi. I stick to "tart reform" with the Lovely Wife. I think I'm not a fan of proximate cause. In both of the vehicle cases there I would have decided against the driver. If you know the car is broke it is your responsibility not to drive it until it's un-broke. If you do drive it then it's your bad. If you are drunk and drive into a utility pole you are responsible for whatever happens. Period, end of story. Guess I'd make a lousy judge. Probably a decent magistrate though.

Posted by: Jim at November 24, 2004 09:48 AM (tyQ8y)

4 I think you'd hate being a Magistrate, Jim. Mostly, they hear discovery disputes. That is not the height of intellectual excitement. No, I see you more as an appellate judge, telling the trial judge he was wrong! Margi, I almost never talk law to my wife. She is not a lawyer and she usually doesn't permit that kind of language in the house!

Posted by: rp at November 24, 2004 10:03 AM (LlPKh)

5 I have always said that I would SUCK as an attorney because I can see both sides of an issue. Case in point: while working for an immigraion attorney, I researched, composed and filed a brief with the INS on behalf of a gay Brazilian citizen. The brief was in support of an Asylum claim. Basically, I was asserting persecution on the basis of sexual orientation. I sweated that decision more than any other in my (addled) memory. Why? Because anyone with half a brain would argue that if hate crimes against people of alternative lifestyles was persecution, then, by God, we got enough of that right here in the good ol' US of A. The ONLY thing in my favor? The Immigration Judge we were appearing before was the only judge (at the time) to grant asylum based on sexual orientation. Did I mention that my client won?! That was one of the best days of my entire life (the birth of my children notwithstanding). Anyway -- not sure where I was going to go with this but I wanted you all to know that I'm not ALL about the double-entendre. ;o) xoxo

Posted by: Margi at November 24, 2004 03:45 PM (MAdsZ)

6 We know that you are not always about the double entendre, no matter how good at it you may be. You ought to be proud of that result. I'd be proud, too.

Posted by: RP at November 26, 2004 04:44 PM (X3Lfs)

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I watched, on my trip back from Ft. Lauderdale last night, Best of Show. There was advice given in that film which ought to apply to anyone driving for Thanksgiving and I reproduce it for you all here:

If you get tired, pull over.

If you get hungry, eat something.

I loved that. Just try to remember that, y'all, as you are driving to Mom's for Thanksgiving.

Posted by: Random Penseur at 12:32 PM | Comments (3) | Add Comment
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Before you ask, I have no idea how it went. I was asked, at the conclusion, how much time I'd need before I could start if they made me an offer. I read nothing into that anymore. I simply told them, in response, that I would be on the next plane down the day after it was professionally prudent for me to have wrapped up everything at my firm and not leave anyone hanging. I also told them I really wanted this job and if offered it would take it.

Thank you all very much for your comments wishing me luck. I really appreciated them all!

By the way, did I mention that the job would mean we'd have to move to Miami?

Let me share with you some random observations I made during the one day trip down and back:

*Church Signs on I-95

I saw an excellent church sign off of I-95. It read as follows:

Sign courtesy of Church Sign Generator, one of my favorite sites, by the way.

All that was missing from the sign was something like, "limited appearance only", or, "half price off for sinners special on Fridays ", or, "catch him next week at the Aventura Mall". In any event, I was tickled.

*Airport Check in:

I was asked by the very nice woman at Jet Blue, to check and see if I was carrying any of the items on her list in my briefcase. I read it carefully and confirmed that I was not carrying in my briefcase, inter alia, any guns, ammunition, 4 lbs of dry ice, or an electric wheel chair and I requested clarification as to what a "wet cell" battery was. She didn't know either but she giggled, which was sweet. I am kind of a flirt, I have to admit.

*Jet Blue directv thing is cool.

VH1Classics allowed me to reacquaint myself with such talented bands as Animotion and Berlin ("The Metro", great 80's pop angst with heavy keyboard use). The music of my youth is now on VH1Classics. Classics. Sheesh. No further comment. Although, here are the lyrics to "The Metro":

I'm alone
sitting with my empty glass
my four walls
follow me through my past
I was on a Paris train
I emerged in London rain
and you were waiting there
swimming through apologies

I remember searching for the perfect words
I was hoping you might change your mind
I remember a soldier sleeping next to me
riding on the Metro

You wore white
smiling as you took my hand
so removed
we spoke of wintertime in France
minutes passed with shallow words
years have passed and still the hurt
I can see you now
smiling as I pulled away

I remember the letter wrinkled in my hand
"I'll love you always" filled my eyes
I remember a night we walked along the Seine
riding on the Metro

I remember a feeling coming over me
the soldier turned, then looked away
I remember hating you for loving me
riding on the Metro

I'm alone
sitting with my BROKEN glass
my four walls
follow me through my past
I was on a Paris train
I emerged in London rain
and you were waiting there
swimming through apologies(sorry)

I remember searching for the perfect words
I was hoping you might change your mind
I remember a soldier sleeping next to me
riding on the Metro

*Taxi to/from Miami from Ft. Lauderdale airport cost $150 dollars.
Cost of JetBlue ticket back to NY: $148.

How is this possible, that it costs more to fly down the Eastern Seaboard than it does to take a taxi to/from some 30 miles each way? How can JetBlue stay in business? Or is it that the taxis are charging too much?

Posted by: Random Penseur at 12:17 PM | Comments (9) | Add Comment
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I will be out of the office tomorrow with no access to computers and no chance to blog (I expect). While I'm gone, I recommend browsing through my set of links under "Daily (practically) Reads". There are some first rate writers represented there.

Psst, don't tell anyone, but I am off for a job interview. Keep your fingers crossed and wish me whatever you are inclined to wish me. I am, truth be told, a bit nervous. Perhaps not nervous, just scared about being disappointed if I don't get the offer. That may be it, really. Of course, I am also apprehensive about the consequences of getting an offer, but that's another story. The only way I know how to deal with that kind of nervousness is through preparation. I think I am prepared. I have probably spent over 15 hours preparing for it. I have reviewed my resume, the summary I have made of every interesting case I have ever worked on, re-read my writing samples, re-read the published opinions judges have rendered in cases in which I am counsel of record, read everything I could find on the internet about the organization and the person I will be meeting with, and am close to ready. I have my best suit back from the cleaners and my shoes are shined. Now, just fingers crossed, deep breath, and into the breach.

See you all on Tuesday.

Posted by: Random Penseur at 10:19 AM | Comments (10) | Add Comment
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1 Well good luck RP, I'm rooting for you. Hey, guess what? My daughter in the states is applying for Law school! So I hope you get the job you want and she gets into law!

Posted by: Rachel Ann at November 21, 2004 03:05 PM (iT4Tl)

2 Go for it!! Relax and be your own sweet self. Shake hands and have a big time!!

Posted by: Azalea at November 21, 2004 03:31 PM (hRxUm)

3 You know how I feel about this, RP. You're MORE than prepared; now just don't forget to relax and breathe! Honestly, I think you've got it. If you want it. I have a feeling that an engaging person such as yourself does SMASHING interviews. Relax, breathe, smile and KNOCK 'EM DEAD! ::: still concentrating really hard :::

Posted by: Margi at November 21, 2004 03:47 PM (MAdsZ)

4 OW! ::: wink :::

Posted by: Margi at November 21, 2004 09:15 PM (MAdsZ)

5 Good luck. With that much preparation they'll have to offer you either the job or a judge-ship. What kind of boats do judges get anyway? My last interview required huge amounts of preparation. It went like this: Them: "Do you want a job in Hong Kong." Me: "OK" Them: "See you in a month then." They've been regretting it since!

Posted by: Simon at November 22, 2004 03:28 AM (OyeEA)

6 Best of luck!

Posted by: Hannah at November 22, 2004 02:05 PM (0tNIc)

7 Great good luck, Random!

Posted by: Amber at November 22, 2004 02:05 PM (zQE5D)

8 Random, I've been almost exactly where you seem to be, career-wise, and hope this turns out for you like it did for me... Best of luck!

Posted by: JohnL at November 22, 2004 11:55 PM (gplif)

9 and?? or maybe we shouldn't ask...and instead smile knowingly. yes - that's good. we'll do that. so...ready for thanksgiving? i'll wave as i drive past!

Posted by: standing naked at November 23, 2004 12:06 PM (IAJcf)

10 Thanks for the good wishes, everyone. Rachel Anne, tell your daughter to reconsider. I urge you.

Posted by: RP at November 23, 2004 12:48 PM (LlPKh)

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I love greasy spoons, road side restaurants, barbeque shacks, cafes, diners, and all manner of holes in the wall. My wife parts company with me on this but, as in so many things, is still willing to indulge me from time to time. She's nice like that.

I like being able to see my breakfast being cooked before me, the bottomless cup of coffee, the home made (sometimes) pies, the french fries with gravy, and the milk shakes often made with great care, or at least, carefully enough that no cigarette ash falls in. Good enough for me, certainly. I like that you can get breakfast anytime you want and that you can almost always find meatloaf and lumpy mashed potatoes. I like the way these places smell, generally but not always. I like that they are usually owner operated and often with more than a little pride. I do not, however, feel the need to go out and start one of my own, though.

However, were I rich, I mean filthy hedge fund rich, I would go here and buy one to have moved to my country property (I don't have one of those either, of course, but that is a mere detail in this little fantasy) to join the other buildings (there will be other buildings, certainly). Then, like Marie Antoinette, I could play at having a diner. I think that would be great fun.

Or, if I were Google IPO rich, I could buy a totally new one for $150,000. Comes fully equiped. That could be nice.

I also like diner slang. Here, from the same place where you can go buy your very own diner, is a lexicon of diner slang so you can talk the talk. I extract some of my favorites:

whiskey down: Rye toast, the 'down' part probably comes from the action of pushing down the handle on the toaster

Shingle with a shimmy and a shake: Buttered toast with jam or jelly, hence the reference to 'shake'.

Wreck ‘em: Scrambled eggs

Fry two, let the sun shine: 2 fried eggs with unbroken yolks

Flop two: Two fried eggs over easy

Customer will take a chance: Hash

Sweep the kitchen or
Sweepings, or
Clean up the kitchen: A plate of hash

Mystery in the alley: A side order of hash

Chewed with Fine Breath: Hamburger with onions

Two cows, make them cry: Two hamburgers with onions

Burn one; take it through the garden and pin a rose on it: Hamburger with lettuce, tomato and onion

When I strike it rich one day (don't hold your breath, ok?), you are all invited over to my little Trianon fake-diner for ice cream sodas and "GAC"s (grilled cheese sandwiches)!

Posted by: Random Penseur at 10:09 AM | No Comments | Add Comment
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The Girl Child, all of 3 and 3/4, continues to amuse and delight us.

She summoned me from the dinner table last night with the call to arms:

Hey, baby, let's go to Vegas!

Don't ask. I have no idea where she gets this from.

Then, she asked my wife about my mother's brothers. They had the following conversation:

GC: How many brothers does Nana have?

W: Two.

GC: What are their names?

W: Uncle Steve and Uncle Eric.

GC: Where do they live?

W: California.

GC: Oh. All uncles live in California, but then they get over it.

Posted by: Random Penseur at 09:47 AM | No Comments | Add Comment
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As you may know, I make a point of reading the obituaries at the Telegraph on line. English obituary writing is superb. They are mini-biographies, generally written about people I've never heard of before. Oftentimes, you read about people who did terribly important things during WW II. That generation is passing, you know. Here are two people, in extended entry below, who I thought were fascinating.

Click below for more. more...

Posted by: Random Penseur at 09:43 AM | Comments (3) | Add Comment
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