September 30, 2004

A thought about the debates tonight

I am seriously looking forward to the Presidential debates tonight if, for no other reason, than because I am finally going to get to see the candidates square off against each other with no help from spin squads, partisan p.r. flacks, and web hit-men. No intermediaries to explain the positions. I am hoping for pure, unadulterated content straight from the horse's mouth. I want a hard hitting, no punches pulled debate. I do not want mealy mouthed equivocation or cheap shots. I want to know what each candidate's position is with no filter in place.

I am bound to be disappointed but a boy can dream, can't he?

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The Open Road Beckons. . .

Hi, all,

Just a quick wave to let you know that I am still alive. Just facing some deadlines here at work. Left the house to catch that horrid 5:56 train again and I left in full night. The moon was out, sort of hidden by the clouds but illuminating them completely. It was beautiful but I just can't keep doing this. I am over committed at work (where I can't keep up with the new business), at home (where I'd rather be taking care of my children), or with all of the non profit stuff (where I have to learn to start saying, no, when asked to do more stuff).

I am definitely having one of those days in which I wonder, fleetingly, how far I can get with my car before American Express wises up to the fact that I've done a runner and cancels my charge card. Mexico? Through Central America? Maybe Argentina? If I stay away from places where the hotels, such as they are, can check with American Express, maybe further? If my next dispatch is bylined, "From the Road", you'll know what happened.

All suggestions as to destinations are welcome.

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September 28, 2004

Battle of White Plains, 1776

If you've ever spent any time at all looking at the history of the Revolutionary War in this country, you know that it was a damn close thing. If Howe had taken Philadelphia that winter of 1776, if he had pushed across the Delaware and taken the city, that might have been the end of our Revolution. After all, Howe had chased Washington out of Long Island, off of Manhattan, and across New Jersey to Pennsylvania. In that time of loss after loss, not only battles and skirmishes, mind you, but supplies and wagon trains with clothes and food, there was only one bright spot -- the Battle of White Plains. There, the Continental Army stopped the British and the Hessians cold. The Army escaped intact with a victory, of sorts, under its belt and it retreated in good order. It was the first time in this campaign that the Continentals could claim a victory, even if they were driven from the field.

You can visit the battlefield, or parts of it, in White Plains, NY. Have you ever visited an historical battlefield before? It is a place that is made holy, consecrated by the deaths of the men who fought and died there. Sometimes they fought for good reasons and died simply because of the stupidity of the men who led them. Sometimes they fought and died because they had to. Either way, it is a solemn thing to visit a battlefield.

I took the kids and set off to find the last remaining Revolutionary War battlefield in Westchester County on Sunday. It was deserted. The children and I were the only ones there. It was located in the middle of a residential neighborhood. It is called, Miller Hill.

millerhillsign2.JPG

The actual monument plaque is:

millerhill2.JPG

I enjoyed the visit very much. It was transporting to stand in the the lines where our forefathers stood and waited for the Hessians to charge with bayonets fixed. The lines looked like this:

viewoflines.JPG

and like this:

viewoflines2.JPG

There is something transformative about the laughter of children. Even the laughter of children at a former battle field. I was happy to leave the past behind to watch the Girl Child and the Boy Child chase each other around the sun dappled field, stopping to hold hands and share pretzels. I think the kids had a good time, even if they didn't really understand what happened there. In fact, for more information generally about the Battle of White Plains, go here. The Girl Child, thanks to some of the historical fiction I have lying around the house, is familiar with the concept of Dragoons and was not a little bit disappointed when she didn't see any at the field. The Boy Child was also disappointed, but that was because we ran out of pretzels, I think.

After we left the park, we stopped quickly by Gen. Washington's headquarters, a national historic monument and park. I snapped a quick shot of it through the fence (the place was closed):

washingtonhq.JPG

All in all, it was a lovely way to spend a morning.

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September 27, 2004

A Quick Story

I know it was very quiet here today. The thing is that I woke up this morning at 3:40 in a total sweat. I was absolutely convinced that every decision I've taken in the past month, or more, on every case I'm responsible for, was utterly wrong and I had totally screwed up millions of dollars of litigation. It was horrible and I was terrified. I also admit to worries that I had defaulted on a zillion different things. This is how stress manifests itself sometimes for lawyers; in night terrors. I could not get back to sleep and I was not awake enough to think about things rationally. It was pretty fucking horrible. I got up and I went to work. At my desk by 6:15 a.m. And I worked very hard today with no time outs for blogging. I didn't accomplish everything I wanted to do but I got enough done that I ought to be able to sleep tonight.

All that said, I wish I had had the Girl Child's career vision when I was younger. She told me the following tonight:

GC: Pappa, I know what I want to be when I grow up.

Me: What's that?

GC: A doctor. [Pause] And a super hero. Although, it's hard work being a super hero.

That may be, but it beats being a lawyer. At least, it does this week.

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September 24, 2004

The Lazy and Shiftless Have Rights, Too!

I stumbled across the following article and was both amused and a little shocked. The efforts the Brits will go to these days to protect the rights and easily offended sensibilities of those less fortunate than us is exceptional. If you advertise for help wanted, "hard working" may not be a requirement for the job, because you may be discriminating against the lazy:

A businesswoman has been banned from asking for 'hard-working' staff in a job ad because it discriminates against the lazy.

Beryl King was told by a Jobcentre that her advert for warehouse workers discriminated against people who were not industrious.

Beryl, 57, told the Daily Mirror: "I couldn't believe my ears. Has our world gone mad?

"I've been running my business for 27 years and it's getting harder to find people who want to do a fair day's work for a fair day's pay.

"How long before someone says you can't pay people for working because it discriminates against those on benefit who are paid for not working?"

Beryl, who owns two job agencies in Totton, Hants, offered £5.42 an hour for "warehouse packers who must be hard-working and reliable".

The Southampton Jobcentre is investigating. A spokesman said: "Words such as 'hardworking' can be accepted if used with a clear job description."

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Today will be a short day

As I noted below, tonight we begin the celebration of the end of the High Holidays, so I will be out of the office early today. I will be happy to have a couple of moments of peace at the end of this week.

First, sorry to all of you who have emailed me and/or left comments and I have not replied. This has been a very busy week and I'm going to try to catch up over the weekend. I am involved, out of work, with three or four different not for profit entities. I had board meetings for three of them this week and all of the meetings generated more work. I did not get home before 10:30 at least twice this week. Then, last night, my in-laws arrived to stay with us for the weekend.

In the meantime, I also squeezed in a visit to get the car serviced and I took my daughter to school one day.

Did I mention that I also practice law in my spare time? One Federal Court oral argument, one motion, one dispute resolved, one settlement negotiated, papers in opposition to a motion received, two new contracts to review and comment on, and, one new piece of substantial litigation offered to me by an existing client. Nothing done to hit next week's deadlines yet, but those are really on Friday.

And now it's Friday already. I wish I had the sense of control that this guy has (it's a great picture)!

Anyway, I'll be trying this weekend to catch up on my emails! Sorry about the delays!

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Day of Atonement

Tonight begins the end of the High Holidays which began with the Jewish New Year, Rosh Hashanah and ends tonight with Kol Nidre and Yom Kippur.

I was going to write something about it. But Simon already wrote a great explanation of the holiday and Rishon wrote about the liturgical peculiarities. Both of these were fabulous posts and I have little to add.

I would add once again, as I did before, my hope that this is a quiet holiday and, for those who keep us safe from harm, a boring and uneventful tour of duty.

Let me also add a note about how my family marks the end of the penitential fast. After nothing crosses the plain of your lips for 25-27 hours, no water, no nothing, we break our fast. How? Since I have been about twelve, and old enough to join in the fast, I have joined in the breaking of the fast with a shot of Scotch. Have you ever tried this? It hits your stomach like an explosion and warmth spreads throughout your body like it was on fire. This is a great way to end the fast. However, you do find yourself in temple during that last service just wishing for a drink! That may not be completely within the spirit of the holiday, but, what are you going to do?

I wish all of those celebrating this holiday an easy fast! And to the rest of you here in NYC, I urge you to follow the example of some of my non-Jewish friends and go out to a nice restaurant since there is almost never a problem, according to my friends, in getting a reservation that night!

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September 23, 2004

A Joke, in lieu of a real post

My father sent me this joke and since I am very pressed for time today, I tender it in place of a real post. I hope you enjoy it!

Harvey and Gladys Goldman are getting ready for bed. Gladys is standing in front of her full-length mirror, taking a long, hard look at herself.

"You know, Harvey," she comments, "I stare into this mirror and I see an ancient creature. My face is all wrinkled, my boobs sag so much that they dangle to my waist, my arms and legs are as flabby as popped balloons, and...my butt looks like a sad, deflated version of the Hindenberg!"

She turns to face her husband and says, "Dear, please tell me just one positive thing about my body so I can feel better about myself." Harvey studies Gladys critically for a moment and then says in a soft, thoughtful voice, "Well...there's nothing wrong with your eyesight."

Services for Harvey Goldman will be held Saturday morning at 10:30 at Beth Israel Synagogue. Female friends of the family are invited.

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September 22, 2004

The Bronx, by Moonlight

There is something oddly beautiful about Bruckner Blvd. at 10:00 on a Tuesday night in the Fall. The cars go whizzing by as they pass by the scrap metal yards, building supplies establishments, gas stations, strip clubs, and mysterious boarded up lots with huge amounts of razor tipped barb wire. True, your quiet contemplation of this urban landscape may be disturbed by the shouts of the driver telling the gas station attendant that he gave him a ten dollar bill and not a five and that he better program the pump for ten dollars, all expletives deleted here. But you let that all roll past you since you left your house some 16 1/2 hours earlier that morning and you sit in the car sort of half dazed by lack of rest.

At this point, you may be wondering, with apologies to the Talking Heads, this is not my beautiful train. How did I get to this place? Metro North. Police activity. Shut down the New Haven line for who knows how long. Stranded in Grand Central Station.

So I called a car service. The car service assured me that they would have a car for me in 8 minutes. I must have misheard them. It took more like 40 minutes. I stood outside the Grand Hyatt on 42nd Street for 40 minutes and watched the Secret Service and Police cars fly by with the dignitaries and their hangers on. The UN General Assembly is in session and all kinds of world leaders are here to address the Assembly and do a little shopping. It was fun to watch the President of Kenya, surrounded by body guards and guys trying to sell knock off Rolex watches (I kid) and other guys in flowing white robes saunter into the hotel. I was still out there when one of the bodyguards came out and, in accented but idiomatic English, have a long, pleading cell phone conversation with a woman (I presume) who he was trying to convince to come out and give him some special international intervention. Highly entertaining. The doorman I was standing next to thought so, too. This was easily the high point of the journey home last night.

When we managed to tear ourselves away from the conversation with the gas station attendant and leave the Bronx behind, we journeyed on to Westchester and home. Where the son of a bitch driver tried to cheat me. First, I paid the toll at I 95 -- $1. Then, he asked me if I could pay the tip in cash and I said, sure and gave him a $10. The denomination may not have registered with him because when I gave him the $10, he told me that there was a mandatory 20% tip. Also, his math? Not so good. A 20% tip would have been $10.40. So I, at that point with no patience, lost my temper. I took the ten back. I told him that this was the first time in the many years I had been using this car service that I had ever heard that and I was going to call the dispatcher right now and ask if that was true. He told me to forget it. I then got the charge slip to find that he added $5 on for "tolls". At that point I crossed that out, told him that I wasn't tipping him at all, accused him of trying to cheat me and left. Not a great ending to a not great trip. I'm going to be calling American Express shortly to see how much the car service has tried to actually put through on my card. Then I'm calling the car service customer service people. Let the games begin.

What idiot said it was the journey, not the destination, that mattered? I have a number for a great car service for him.

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Coerced to Vote

Can you be coerced to vote? Should voting be a requirement for an English Lit. class? One professor seems to think so over at Drew University in New Jersey. Appalled by the low voter turnout among college students, Prof. Skaggs has made it a course requirement that her students enter the voting booth. Of course, once they go in they don't have to vote and non-U.S. citizens are exempt from the requirement. This requirement has provoked, according to the article, a lot of controversy. Care to guess where I come out?


Not in favor. I believe it is contrary to our system of government to require a vote. It is clear that sometimes a decision not to vote is a protest and is as much an expression of free speech as a decision to vote. In other words, we have the option of abstaining if we don't like either candidate and we want to send a message that a candidate may win, but that candidate lacks the popular mandate necessary to bend Congress to his or her will. That can be a powerful and important message and you send it by staying home from the polls. I think that this professor, will coming from crunchy good motives, lacks an appreciation of this aspect of our system.

What do you think?

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September 21, 2004

Not feeling the love, today

I appeared for a conference and for argument to oppose a motion this morning in the Federal District Court for the Southern District of New York. I prepared most of the day yesterday for it and took the 5:56 train this morning so that I would arrive at the office with plenty of time to get my documents organized and be calm and happy. It was pretty damn dark when I left the house this morning with not even a hint of the sunrise. Winter's coming, no doubt about it.

This was a motion I expected to lose, by the way. It was to vacate a default judgment where the defendant had not filed an answer to a complaint and been out of touch for something like 9 months. Nonetheless, this is the kind of situation that a court will bend over to alleviate because the courts have a bias in favor of deciding a case on the merits, rather than on default.

And I did lose. But not before getting a rather nice compliment from the Judge who told me that my arguments were "forceful and skillful" and that I had been a "real gentleman". He also, even though I had lost, awarded my client $1,000 in costs in opposing the motion. Do you know how rare that is? To be awarded costs when you lose the motion? That's the first time for me. So the day wasn't a total loss. I walked out of the courtroom with the knowledge that I have a lot of credibility with the Judge and that is a fabulous thing for my clients. Credibility with the court is everything. If you have it, a judge will believe your representations and give you the benefit of the doubt. If you don't have it, you are in for a whole world of trouble.

So now, I'm pretty beat. Feeling a little drained. I have a meeting in 30 minutes and then a meeting after work. I'm just waiting for the Advil to kick in and I ought to be good to go.

I saw that Mr. Green has hung it up, or at least is taking a break. Blogger fatigue? I don't know. I think that some of this is cyclical for people. I feel a little burned out today but I feel that way about everything.

Last thing and this amused me. I was on the subway going down to Court and this young man looked at me up and down and asked me, "Lawyer?" I admitted that I was and we then had a very pleasant conversation.

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September 20, 2004

A Jewish Joke, as told by Jews

Some of you may have been following the Yankees / Red Sox games and rivalry. Most of you probably don't care. I care. Right now, the Yankees lead the Sox by 4.5 games and the two teams are scheduled to play another three game series starting on Friday night this week. Friday night marks the beginning of Yom Kippur, the culmination of the High Holidays and the Day of Atonement when we ask God to forgive us for the many sins we have committed during the year and to seal us in the book of life. Yom Kippur begins with something called Kol Nidre, which takes place that evening on Friday night. This brings us, with this background, to the joke, one of my favorites:

Mr. Goldberg calls his Rabbi and says, "Rabbi, I have a problem and I need some advice. This year, the Red Sox and the Yankees are playing in a very tight pennant race and the most important game falls on Kol Nidre. What should I do?" The Rabbi listens, thinks for a moment and responds: "Mr. Goldberg, what are you worried about? It is just for a situation like this that we have VCR's!"

And Mr. Goldberg replies, "You mean I can tape Kol Nidre!?!"

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She Understands Me

I have clearly warped the mind of the Girl Child who, at 3 1/2, appears to understand me fully without need of translation. See, the thing is that I got into the habit very early with her of trying to say things in as many different ways as possible in order to build her vocabulary and the habit has become unconcious. This weekend we were in the car and had the following interchange:

GC: Pappa, can I put my window down?

Me: No.

GC: Why not?

Me: The control panel indicates that it is not appropriate for you to open your window.

GC: That means the lock is on, right? Maybe you could unlock it.

Me: [I laughed, bowed to her superior reasoning, and unlocked it]

It's fun with kids, to watch their vocabularies explode. I wouldn't trade these moments for anything.

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September 17, 2004

What we should learn from a funeral

I just returned from my friend's funeral. His death was not unexpected but the news still carried a shock. The speakers who chose to memorialize his life were very good. They knew him intimately, spoke with great love and conviction, and were moving. I sat there, listening and getting choked up and I began to think, gee, I hope they told him how they felt about him while he was alive. I hope he knew how much his friends loved him and appreciated him. Now we got the title of this post. I think we may all be guilty of not telling the people around us how we feel about them. I know I am. I also know how awkward it can feel to tell someone that you love them and that you appreciate them. Nonetheless, better to hear it alive then at the funeral.

My kids know they are loved. Sometimes my daughter just climbs up into my lap on her own, because she feels like sitting in my lap, and I'll say to her: "Hey, do you think you can just climb up into my lap whenever you want!" And she'll reply, "yes". I'll ask her why she thinks that and, without fail, she responds: "Because you love me".

So my wish today is that you, gentle reader, go and tell someone dear to you how much you love them.

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Highlights from Yesterday

Yesterday, we celebrated Rosh Hashanah, the Jewish New Year. I should be doing the same thing today but I'm kind of backed up at work and, to top it off, I just got an email informing me that a friend has died and his funeral will be held this morning. I'm glad I happened to be wearing a tie today because I'm going to try to sneak out for the funeral mass.

I took the Girl Child with me to temple yesterday for the whole morning, armed with a bag containing snacks, a drink, and a small selection of books to look at for when she got bored. When I tell you that she looked exceptionally cute, you don't have to take my word for it. Two different policemen patted her on the head as we passed and she thanked them for stopping the cars for us.

After we made it in, we went to the tots service. It was very sweet and the Girl Child got to play the honey (literally, the honey jar) in the little skit about dipping apples in honey for a sweet new year. I think she had a good time and she picked up a couple of new songs. What was the best part? Easily the best part was sitting next to her and watching her face change from fierce concentration to curiosity to delight and back again. She had a good time for sure.

We then went upstairs to the main sanctuary and joined my father and my grandparents, so four generations in one row. That was sweet, too, and I enjoyed having her with me. As we left, we spoke to the rabbis to wish them a happy new year. We sit, with my grandfather, up at the front (the second row) of the synagogue. My grandfather was one of the founders of the synagogue and helped build it. The younger rabbi told me he was impressed by how well behaved the Girl Child was. He clearly did not hear us reading Little Red Riding Hood in Norwegian for a part of the service. I was very quiet.

As we left, the Girl Child turned to me and said: "Did you hear that, Pappa? Mr. Rabbi said I was very well behaved!"

I then returned home with the Girl Child to pick up the Boy Child and take them over to my parents for lunch. The Girl Child amused me by turning to the Boy Child in the car and saying: "BC, sitter du der og driter, vennen min?" She's speaking much more Norwegian now to the lad, which makes my wife and me very happy. A loose translation, is, "BC, my friend, are you sitting there and shitting?" She didn't seem to mind that she was wrong because she then said to him: "are you my little bean, studman?"

The day ended with a profound thought from my wife and I want to pass it along. We were talking about a job interview she has coming up in a couple of days and she was clearly not excited about the job or the interview and so I asked her why she was doing it. She replied that she wanted to meet the people she'd be doing the job with and for. She said that as she's gotten more experienced, she's come to realize that the people are at least and sometime more important than the job itself and if she really liked the people, she'd take a job that didn't interest her. She's a smart one, she is, my wife. I learn a lot from her when I pay attention.

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September 15, 2004

Scams, by phone or otherwise

I just had the phone ring through to my office and, being a responsible sort, I picked it up. It was Susan, from Customer Service. You know Susan, right?

Her: Hi, this is Susan calling from Customer Service about your photocopy machine. How are you today?

Me: Well, I'm fine, Susan, thank you for asking.

Her: I just need to update our records and need the model number on your photocopy machine. Could I ask you to go over to the photocopy machine and read it to me? It should be a 3 or 4 digit number.

Me: Well, sure, Susan, I'd be happy to. But first, tell me, exactly what customer service department are you calling from and who are you?

Her: click [as phone hangs up]

I wonder what the scam was.

Go to the EXTENDED ENTRY below for my all time favorite email scam, which I reproduce below. more...

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I narked on someone today

I pass through Grand Central Station at least twice a day every work day, sometimes more often. I pass through it during prime commuter hours, at least in the evening when I usually try to make the 6:00 train so I can get home early enough to play with my kids. That's why I'm at my desk by 7:30 every morning. The terminal is usually guarded by police and national guardsmen. I think that the guards are supposed to make us feel safe. Generally, I don't feel safe. My thoughts usually tend to the dark and the morose while walking through and I fixate a bit on some bad things. Today, coming off the train, there was some woman with a small camcorder taping the passengers as they exited the train and streamed up the platform. She wasn't in an MTA uniform. It made me nervous. I've never seen anyone do that.

So I found a policeman immediately, told him what I saw, and he went from relaxed and watchful to tense and in motion in a nanosecond as he went to investigate. He didnÂ’t even take the time to say a single word to me after I reported to him. He was just on his way without hesitation.

The taping made me nervous, more nervous, I should say. I'm glad I narked on this woman, even if it was a perfectly innocent exercise on her part.

Because, what if it wasn't?

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The Jewish New Year

Simon, at Simon World, has an outstanding post today about the Jewish New Year celebrations and observances which begin today, at sunset, and mark the commencement of the High Holidays. I highly recommend reading it, it's better than what I was going to post about it.

I would add one thought, though. Traditionally, this is the time when Islamic fundamentalists and other freaks most like to attack Israel and Jewish targets outside of Israel, or even start wars. So join me, please in, if not praying for their safety, at least sending good thoughts to those brave men and women who during this holy period stand guard at borders and places of worship and in Iraq. May they stand a boring and uneventful watch and may God protect them.

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September 14, 2004

Pleased to meet you, Ice Cream

I just put the Girl Child to bed and I wanted to record this quickly, before I forgot it. We were going downstairs, after saying good night to her brother, to have some dessert and watch some Yankees baseball and we had the following exchange:

Me: Would you like some pudding?

Her: The green kind?

Me: No, the other one.

Her: The butterscotch?

Me: Yes. [Ed. Note: The sugar free butterscotch jello pudding is like crack for the low carbers. Pure crack, I tell you]

Her: No [long drawn out and contemplative]. I'm into introducing myself to some ice cream.

Me: What did you say?

Her: I'm into introducing myself to some ice cream. I think I'll share with Mamma.

I really had to ask her to repeat herself. I just could not quite believe what she said or how she said it.

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Report Card: First Day

I am reporting in on the first day of pre-school and the parents' meeting we attended that night.

Pre-school was charming. There are about 14 or 15 kids and 3 teachers. The Girl Child bravely consented to the pony tail and the risk of not being recognized, but, no fear, her teachers remembered her. That didn't mean she wasn't scared. She made it halfway down the front steps when she went tearfully flying back up the stairs to give her little brother an extra hug and a kiss. Drama and tears over, we headed off to school.

No separation anxiety this year. Uh, I mean that there was no separation anxiety for ME, she was fine. She gave us a wave, called me back for "an extra hug and a kiss, Pappa", and she was off. It was that easy. I don't think she looked back after the extra hug and kiss.

We picked her up after the abbreviated session and, on the way out, grabbed a couple of pastries for her off the tray they put out for parents. In the car, we asked her how the morning went. She told us, "we read Tassen Sover Borte på engelsk!" Which is "Spot slept over" and which she has in Norwegian at home. She was pretty tickled to have it in English.

All in all, it was a good start. The parent meeting was fine, too. The group of parents we met seem significantly less neurotic than last year. Interestingly, out of these 14-15 kids, the following language are spoken primarily at home: Spanish; Turkish; Hebrew; and, Norwegian. There may be some Korean speakers too but we weren't sure.

Thanks to everyone for their kind wishes! Unfortunately, no pancakes were possible. Sorry!

Posted by: Random Penseur at 01:15 PM | Comments (4) | Add Comment
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