Rhode Island news
Political Scene: Wordsmith Selya’s legal writing a pastiche of pastels
12:18 AM EDT on Monday, July 23, 2007
Pastiche. Aposematic. Pleochroic.
Those are a few of the words that Senior Judge Bruce M. Selya, of the U.S. 1st Circuit Court of Appeals, shared last week with the 600,000 or so people who receive the daily e-mail newsletter A.Word.A.Day.
Selya, for years the only Rhode Islander on the Boston-based appeals court, was chosen as last week’s “guest wordsmith” by Wordsmith.org founder Anu Garg.
In April, Garg asked Selya to write a brief introduction discussing how he developed a love of words and to select 10 words that he has used in his rulings. Wordsmith.org then featured five of Selya’s choices.
“My love of language can be traced directly to the Providence public schools and, particularly, to Classical High School — where four years of study in Latin was compulsory and some study of Greek was encouraged,” Selya wrote in his introduction. “I became fascinated with the origin and evolution of words, and the flames of my interest were fanned during my years at Harvard.”
“When I was fortunate enough to receive an appointment to the federal bench, I saw an opportunity to attempt to change the drabness of the prose in which judicial opinions historically have been couched,” Selya wrote. “ ‘Legal language’ tends to be both stiff and prosaic, not to mention dense. Thus, if court opinions can be thought of as word pictures, many opinions over the years can be characterized as word pictures painted in various shades of gray. I thought then — and still believe — that interesting language and sound jurisprudence are not mutually exclusive. My opinions, therefore, tend to be word pictures painted in less somber colors — sometimes even pastels or an occasional touch of puce.”
(Puce, by the way, is another way of saying brownish purple.)
Selya acknowledged that not everyone approves of his writing style. “Judges, by nature and by training, rarely tend to be free spirits, and I have encountered from time to time an undercurrent of anti-lexiphanicism. But like Job, I persevere. Language is the lifeblood of our culture, and it would be a shame not to use it to its fullest.”
(As if you didn’t already know, lexiphanicism is the use of pretentious words, language or style.)
Wednesday’s word was pastiche, which is pronounced “pa-STEESH.” For many Rhode Islanders, that word means one thing: tasty desserts from Federal Hill.
But the formal definition is “An artistic piece, for example a literary, musical or dramatic work, that imitates works of other artists” or “A hodgepodge of incongruous parts taken from various sources.”
Selya used the word when writing a 1988 concurring opinion in the case of Redgrave v. Boston Symphony Orchestra: “The majority’s reading,” Selya wrote, “unduly emphasizes the concurring opinion by two justices, and it engrafts onto the plurality and concurring opinions selected statements from the dissent. Then, to hold this pastiche together, it overrules … well-established Massachusetts law.”
For those with a dictionary handy, here are some of Selya’s other 10 choices: Pettifoggery, sockdolager, haboob.
“Rumors of my demise are greatly exaggerated,” Superior Court Presiding Justice Joseph F. Rodgers Jr. said on Thursday, three weeks after collapsing at a social event in Providence.
Rodgers said he left the Licht Judicial Complex on June 28 and walked up College Hill to attend a surprise birthday party for Superior Court Judge Alice B. Gibney. The party was being held at the East Side home of Superior Court Judge Judith C. Savage, and it was a hot and humid day. Rodgers said he didn’t drive because he didn’t want Gibney to see the car and spoil the surprise.
Rodgers, 65, of Narragansett, said he doesn’t recall what happened once he got to the party, but he’s been told that he collapsed soon after arriving. He said it was not a heart attack; his heart stopped because of an arrhythmia.
Superior Court Judge William E. Carnes Jr., a former Lincoln police officer, was at the party, and he administered CPR, Rodgers said. He also received assistance from a bartender who had been trained as a lifeguard. “Thank God for Billy Carnes,” Rodgers said.
Rodgers was taken to Rhode Island Hospital, and a few days later doctors gave Rodgers a pacemaker and defibrillator and unclogged an artery that had been 80 percent blocked. He said that 11 years ago, he had triple bypass surgery, followed by a heart attack.
Rodgers said he returned home on the Fourth of July. “I can’t drive for four weeks,” he said. “And I can’t play golf. That’s the worst part of it.”
Doctors are telling him not to work until after Labor Day. “I’m looking forward to coming back,” Rodgers said.
Sen. Sheldon Whitehouse is adding some filigree to his resumé. The freshman Democrat has been named to the National Council on the Arts, a panel that advises the federal agency that supports the arts with public grants.
The activities of the National Endowment for the Arts “make our communities richer, our economy stronger, and our lives more meaningful,” Whitehouse said in a news release after Senate Majority Leader Harry Reid, D-Nev., placed him on the 20-member arts council.
Whitehouse noted the Rhode Island connection: former Sen. Claiborne Pell was an author of the legislation that created the national system of subsidies to the arts. Trinity Repertory Company is among Rhode Island’s perennial beneficiaries of the federal money.
Whitehouse is in distinguished company. His office noted that the panel’s cast of members has included Duke Ellington, Leonard Bernstein, Helen Hayes, and John Steinbeck.
The U.S. Senate Democratic “Class of 2006” — the crop of newcomers elected to the exclusive club last fall — is a heterogeneous crew, politicians who in the aggregate represent the Northeast, the Midwest and the Rocky Mountain states.
Last week they showed their common debt to the single issue that thrust them into majority control of the Senate — the war in Iraq. Led by Virginia Sen. Jim Webb, a Marine veteran of Vietnam and a onetime Republican secretary of the Navy, the freshman Democrats jointly proposed legislation that would establish a commission to investigate wartime contracts in Iraq and Afghanistan.
Whitehouse was among the freshmen who unveiled the legislation to investigate allegations of war profiteering — a topic he discussed during his 2006 campaign, noting that a future president, then-Sen. Harry S Truman of Missouri, had been involved in such an inquiry during World War II.
As it happened, the legislation went directly onto the shelf. The freshmen offered it on Wednesday as an amendment to the Defense Department authorization bill for next year. But Democratic leaders had already suspended Senate debate on the Pentagon spending and budget blueprint, following an all-night debate that ended anticlimactically with their failure to break a filibuster against a more prominent measure. That was the amendment by Senators Jack Reed and Carl Levin calling for troop withdrawals to begin from Iraq.
Also nudged into the background by the Iraq debate last week was a piece of progress for Rep. Patrick J. Kennedy’s signature legislation. A key House committee endorsed the “mental health parity” bill that Kennedy and Rep. Jim Ramstad hope to see enacted this year. The legislation would require insurers to cover mental illness on an equal footing with physical ailments.
The big majority vote for the bill by the Education and Labor Committee was a step toward full House consideration. But two other panels must also act, so House debate on mental-health parity is not expected before Labor Day. Action on the Senate version of the bill, sponsored by Sen. Edward M. Kennedy and others, is also pending.
It’s musical chairs time again in the governor’s Office of Constituent Affairs.
Charles “Chuck” Hollis, who has been in and out of the governor’s suite since he was first hired in 1995 by then-Gov. Lincoln C. Almond, moved late last month into an opening at the Division of Motor Vehicles.
As head of constituent affairs since the May 2006 departure from that job of onetime congressional candidate Dave Rogers, Hollis was making $76,506 a year.
As the newest assistant motor vehicles administrator for customer services, Hollis now makes $84,441.50 a year. (His predecessor, Darlene Walsh, departed for a job in the court system.)
Before returning to the State House last year, Hollis served as clerk of the Newport County Superior Court.
In Hollis’ place in the constituent affairs office, the governor has once again assigned Sandra Winslow, a Republican Party stalwart who has worn many hats since she started work at the State House in February 1984, including most recently, Republican Governor Carcieri’s $71,192-a-year “special projects coordinator,” according to the state personnel office.
Title aside, her actual role until recently has been assistant to the director of the governor’s office of municipal affairs.
Since 2003, five individuals — including Winslow — have filled the role of manager of the Constituent Affairs Office, according to Carcieri spokesman Jeff Neal. “We have no plans to hire someone to fill the position Ms. Winslow vacated,” he said, or “to replace Mr. Hollis.”
As president of the state Federation of Republican Women, Winslow is also a member of the state GOP’s executive committee.
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