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The Common Scold



The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!


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FIAT LUX

Goldsmith The Power of One: In late June, my boss Aric Press and I were comparing notes about what Yankee games we planned to attend, and he mentioned that he would be going to the stadium on July 4, with his college friend Michael Goldsmith. Aric is the polar opposite of me, as low-keyed and understated as I can be, well, "excitable." He mentioned that his friend had ALS (Lou Gehrig's disease) and that they were planning to enjoy the game together, that it probably would be Michael's last, and that they were going to participate in a program about ALS.

I had a scheduling conflict that kept me at home on July 4. If I had realized what Aric was up to, I would have cancelled my plans and headed to the Bronx. Instead, I was half-watching it on TV, when all of a sudden, I hear Aric's voice — and I look up and there he is on the Jumbotron being interviewed about Goldsmith.

Last November, Goldsmith wrote a guest column in Newsweek, calling on Major League Baseball to do more about ALS. They did — and on the 70th anniversary of Gehrig's famous "I am the luckiest man in the world" speech, 15 stadiums held fundraising events called "4◆ ALS Awareness."  In New York, the Yankees donated $25,000, and portions of the Gerhig speech were recited by Yankee leaders, who wore a #4 patch (Gerhig's long-retired number). Goldsmith, a law professor based in Utah, stood at home plate with his son, and threw out the first pitch of the game to Mark Teixeira.

Son Austen Goldsmith was quoted in The New York Times:  "Being on the field with my father was the single greatest moment of my life. I think he was holding on for that."

Goldsmith told Times that he "exhorted law students to take a proactive 'can do' approach to the law and life in general," and tried to practice what he preached. "The success of this effort demonstrates yet again how 'the power of one' can make a difference."

Goldsmith lost his battle yesterday. He was 58. Indeed, he proved the power of one man.

Peace be with you, Michael Goldsmith. 

Photo: The New York Times.

November 2, 2009 in Good Works, People | Permalink

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Comments

Amen!

Posted by: Andy | Nov 3, 2009 2:54:36 PM

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