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Mira Sorvino

The name game is frustrating. Agents will say, They love you, but they're going to offer it to Julia Roberts first.

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Byron

Canto the First

I
I want a hero: an uncommon want,
When every year and month sends forth a new one,
Till, after cloying the gazettes with cant,
The age discovers he is not the true one;
Of such as these I should not care to vaunt,
I'll therefore take our ancient friend Don Juan—
We all have seen him, in the pantomime,
Sent to the devil somewhat ere his time.

II
Vernon, the butcher Cumberland, Wolfe, Hawke,
Prince Ferdinand, Granby, Burgoyne, Keppel, Howe,
Evil and good, have had their tithe of talk,
And fill'd their sign posts then, like Wellesley now;
Each in their turn like Banquo's monarchs stalk,
Followers of fame, "nine farrow" of that sow:
France, too, had Buonaparté and Dumourier
Recorded in the Moniteur and Courier.

III
Barnave, Brissot, Condorcet, Mirabeau,
Petion, Clootz, Danton, Marat, La Fayette,
Were French, and famous people, as we know:
And there were others, scarce forgotten yet,
Joubert, Hoche, Marceau, Lannes, Desaix, Moreau,
With many of the military set,
Exceedingly remarkable at times,
But not at all adapted to my rhymes.

IV
Nelson was once Britannia's god of war,
And still should be so, but the tide is turn'd;
There's no more to be said of Trafalgar,
'T is with our hero quietly inurn'd;
Because the army's grown more popular,
At which the naval people are concern'd;
Besides, the prince is all for the land-service,
Forgetting Duncan, Nelson, Howe, and Jervis.

V
Brave men were living before Agamemnon
And since, exceeding valorous and sage,
A good deal like him too, though quite the same none;
But then they shone not on the poet's page,
And so have been forgotten:—I condemn none,
But can't find any in the present age
Fit for my poem (that is, for my new one);
So, as I said, I'll take my friend Don Juan.

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Julia, or the Convent of St. Claire

Stranger, that massy, mouldering pile,
Whose ivied ruins load the ground,
Reechoed once to pious strains
By holy sisters breathed around.

There many a noble virgin came
To bid the world she loved....adieu;
There, victim of parental pride,
To years of hopeless grief withdrew.

Yes, proud St. Claire! thy costly walls
Have witnessed oft the mourner's pain;
And hearts in joyless durance bound,
Which sighed for kindred hearts in vain.

But never more within thy cells
Shall beauty breathe the fruitless sigh,
Nor hid beneath the envious veil
Shall sorrow dim the sparkling eye.

For now, a sight by reason blest,
Thy gloomy dome in ruins falls,
While bats and screechowls harbour there,
Sole tenants of thy crumbling walls.

And soon, blest change! as those dread plains,
Where Etna's burning torrents poured,
Become, when Time its power has shed,
With softly-smiling verdure stored:

So, when thy darkly-frowning towers
The verdant plain no longer load,
These scenes, where sorrow reigned, may prove
Fond, faithful lovers' blest abode.

And they shall pledge the nuptial vow,
Where once far different vows were heard;
And where thy pining virgins mourned,
Shall babes, sweet smiling babes, be reared.

Hail, glorious change, to Nature dear!
Methinks I see the bridal throng;
And hark, where lonely sisters prayed,
How sweetly swells the social song!

But nought, O! nought can her restore
To social life, to happy love,
Who once amidst thy cloistered train
With passion's hopeless sorrow strove.

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Synergy of Love

'Were you honed from poetry? '
I asked your saddened smile.
For it seems to tell a longing tale -
One of words in oratory
That speaks in languid metaphors
From lips of mind in deep despair
And solitude from inner wars
That over time has rendered life so frail.

'Were you carved from doleful prose? '
I sought to ask your gaze,
For a pain lies deep within your eyes -
One of barren territory
Where no fair heart could ever drift
And hope to venture back content
With grateful memories in a gift -
A land of your affectional demise.

'Do I hear a mournful hum? '
I wondered of your cry,
For it sings a song of deep lament -
One of quiet soliloquy
Recited on deserted strands
To waves that have no sense of song
And only wish to fight the sands -
A chant that cites emotional descent.

Do you know your face portrays
The colours of your soul?
It tells me at a single glance
Of how you burned your furnace whole
To stay the fire in our romance.

And see the prismic hues they bore!
I cherished all I ever saw:
Mauve of mystic; browns of rustic;
Reddened tones to match your blush;
Marine of passion, spending out your being,
Leaving you for ashen embers, fleeing
The dying light in hush of night.
And how you lay there empty.

So let me help re-grow the flowers
Once erect in fiery showers!
For now I've seen what love can do
When torn asunder - oh my catastrophic blunder!

But we must realise -
Our flaming want is meant to be!
We are the ocean and the sea;

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Forsaking My Love

I hate you
I wish to tear you away from me
This tumor that clings to my chest
The thing that makes me ache
That haunts my dreams
And tears at my desires
You have brought me only pain
My untamed heart
That beast that gnaws at my soul
That pitifully whines
Bringing my mind into unwanted pain
Yet how can I blame you
How can I chastise you when I listen intently to your pleas
Why should I punish you for what my eyes feed upon
How can I blame my eyes for falling upon her
She who brings light to the eternal darkness of my soul
She whose eyes bring me to subjection
Whose smile leaves me in awe
How can I blame you when my ears are met with her laughter
How they submerge into her song
How they quiver at her voice
Why should I punish you for inclining my soul
Tempting it with the one sense that has been forsaken by her
How could I look over the thought of the brushing of lips
The touching of hands
The binding of the soul, mind, and body
O you wretched heart
What am I to do with this constant companion
How could I tear you away
When she is the cause of my agony
Or rather
It is the lack of her which brings me sorrow
It is the need for her that leaves my heart in pain
Yet she is not mine
She was never mine
She will never be mine
O my poor heart
How can I make you see reason
When all you do is show me the truth

love love love love love love love
love love love love love love love
love love love love love love love
love love love love love love love
love love love love love love love
love love love love love love love
love love love love love love love
love love love love love love love

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Julia

Half of what i say is meaningless
But i say it just to reach you, julia
Julia, julia, oceanchild, calls me
So i sing a song of love, julia
Julia, seashell eyes, windy smile, calls me
So i sing a song of love, julia
Her hair of floating sky is shimmering, glimmering,
In the sun
Julia, julia, morning moon, touch me
So i sing a song of love, julia
When i cannot sing my heart
I can only speak my mind, julia
Julia, sleeping sand, silent cloud, touch me
So i sing a song of love, julia
Hum hum hum hum...calls me
So i sing a song of love for julia, julia, julia

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Julia

Half of what I say is meaningless
But I say it just to reach you
Julia
Julia
Julia
Oceanchild
Calls me
So I sing a song of love
Julia
Julia
Seashell eyes
Windy smile
So I sing a song of love
Julia
Her hair of floating sky is shimmering
Glimmering
In the sun
Julia
Julia
Morning moon
Touch me
So I sing a song of love
Julia
When I cannot sing my heart
I can only speak my mind
Julia
Julia
Sleeping sand
Silent cloud
Touch me
So I sing a song of love
Julia
Calls me
So I sing a song of love
For julia
Julia
Julia

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Luggage Canada

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Handles Bermuda

bean bag spokane
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Her...

I can never get my mind off her,
I wonder if she'd mind if i'd,
make her my own,
and never let her go,
hug her tight,
treat her right,
act all polite,
take her on a date,
make sure i'm never late,
kiss her on her lips,
talk about our kids,
Make her feel like princess,
living in a castle,
hope that is not too much hassle,
But i am so blessed,
hope i can be the best,
hold you tight,
have your BR3A$t,
on my chest,
pass the test,
NOW YOUR MINE!

sorry for word spamming: (

love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love love

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Julia

Eyes so bright, so big and wide
Make you feel so strange
Somewhere deep inside
Its the face of an angel
Soul of the devil may care
How Id love to know
What goes on in there
She needs your love
She needs it every day
But speak of love
See her laugh and run away
Julia, which way will you go
Julia, I wanna know
Julia, only the moon and stars
Julia, know just where you are
Julia
See the dance that needs no alibi
Oh you dont need to dream
When you know you can fly
She needs your love
She needs it every day
But speak of love
See her laugh and run away
Julia, which way will you go
Julia, I wanna know
Julia, only the moon and stars
Julia, know just where you are
Julia

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Soccer–Passion Song

Soccer–Passion Song

Soccer in the evening;
Soccer in the morning;
Soccer in spring and fall.

Soccer in the raining;
Soccer in the snowing;
Soccer in winter and summer.

Soccer in between my feet,
where I walk;
Soccer in my heart and mind,
how I live;
Soccer my love and life.

Soccer I wake up and play;
Soccer I hold it to sleep;
Soccer my work and rest.

Soccer I sing a new song;
Soccer I dance the magic steps;
Soccer my tears and joy.

Soccer my Mom buys it for me to play;
Soccer my Dad brings me to the game;
Soccer my dear Love watches me to score.

Soccer I dribble and shoot;
Soccer I pass and fall;
Soccer my glory and downfall.

Soccer I strike to attack;
Soccer I tackle to defend;
Soccer my struggle and survival.

Soccer I receive the flags and the whistles;
Soccer I get the yellow and red card;
Soccer my moves and stop.

Soccer I meet my friends;
Soccer I make my enemies;
Soccer my conflict and peace.

Soccer I play and watch;
Soccer I watch but cannot play;
Soccer my dream and reality.

Soccer I learn the rights;
Soccer I confess the fouls;

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Byron

Canto the Second

I
Oh ye! who teach the ingenuous youth of nations,
Holland, France, England, Germany, or Spain,
I pray ye flog them upon all occasions,
It mends their morals, never mind the pain:
The best of mothers and of educations
In Juan's case were but employ'd in vain,
Since, in a way that's rather of the oddest, he
Became divested of his native modesty.

II
Had he but been placed at a public school,
In the third form, or even in the fourth,
His daily task had kept his fancy cool,
At least, had he been nurtured in the north;
Spain may prove an exception to the rule,
But then exceptions always prove its worth -—
A lad of sixteen causing a divorce
Puzzled his tutors very much, of course.

III
I can't say that it puzzles me at all,
If all things be consider'd: first, there was
His lady-mother, mathematical,
A—never mind; his tutor, an old ass;
A pretty woman (that's quite natural,
Or else the thing had hardly come to pass);
A husband rather old, not much in unity
With his young wife—a time, and opportunity.

IV
Well—well, the world must turn upon its axis,
And all mankind turn with it, heads or tails,
And live and die, make love and pay our taxes,
And as the veering wind shifts, shift our sails;
The king commands us, and the doctor quacks us,
The priest instructs, and so our life exhales,
A little breath, love, wine, ambition, fame,
Fighting, devotion, dust,—perhaps a name.

V
I said that Juan had been sent to Cadiz -—
A pretty town, I recollect it well -—
'T is there the mart of the colonial trade is
(Or was, before Peru learn'd to rebel),
And such sweet girls—I mean, such graceful ladies,
Their very walk would make your bosom swell;
I can't describe it, though so much it strike,
Nor liken it—I never saw the like:

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Bitter Blow of Love

Love! you dealt a bitter blow –
You lay me cross the mortal plains,
Bedewed, bedimmed amongst a show
Of tearful clouds: eternal rains
To weep at my enduring foe

Of harsh reality – searing pains of
Destiny: dependable propensity
To fool myself repeatedly
That I could ever triumph over love!

Copyright Mark R Slaughter 2009

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Lord Robert's Triumphal Entry into Pretoria

'Twas in the year of 1900, and on the 5th of June,
Lord Roberts entered Pretoria in the afternoon;
His triumphal entry was magnificent to see,
The British Army marching behind him fearlessly.

With their beautiful banners unfurled to the breeze,
But the scene didn't the Boers please;
And they immediately made some show of fight,
But at the charge of the bayonet they were put to flight.

The troops, by the people, were received with loud cheers,
While many of them through joy shed joyous tears;
Because Lord Roberts from bondage had set them free,
Which made them dance and sing with glee.

Lord Roberts' march into Pretoria was inspiring to see,
It is reckoned one of the greatest achievements in our military history;
Because the Boers were watching him in front and behind,
But he scattered them like chaff before the wind.

Oh! it was a most beautiful and inspiring sight
To see the British bayonets glittering in the sunlight,
Whilst the bands played "See the conquering hero comes,"
While the people in ecstasy towards them run.

The British marched into Pretoria like the rushing tide,
And the Boers around Pretoria there no longer could abide,
Because the British at the charge of the bayonet made them run with fear,
And fly from Pretoria just like wild dear.

Then Lord Roberts cried, "Pull down the Transvaal Flag,
And hoist the Union Jack instead of the Transvaal rag;
And shout 'Britannia for ever,' and 'Long live our Queen,'
For she is the noblest Queen the world has ever seen."

Then the Union Jack was hoisted and unfurled to the breeze,
Which certainly did the Boers displease,
When they saw the Union Jack flying o'er their capital,
The sight thereof amazed them, and did them appall.

And when old Kruger saw Lord Roberts he shook with fright,
Then he immediately disguised himself and took to flight,
Leaving his poor wife in Pretoria behind,
But the British troops have treated her very kind.

Now let us all thank Lord Roberts for his great bravery,
Who has gained for the people of Pretoria their liberty,
By his skillful tactics and great generalship, be it told,
And the courage of his soldiers, who fought like lions bold.

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Julia Says

Here we go again, thru the backstreets of my mind
It seems my life was standing still
Whos sorry now, its funny how I didnt know it
Here we go again, fighting things we never win
It seems our love was standing still Im sorry now
Its funny how I dont feel the love
I just hear the words, julia says
She doesnt know what its all about
She doesnt seem to care at all
Open your eyes and see
Love hurts
I wont be fooled again, looking for the dreams I couldnt find
The dreams for me were left behind
Im sorry now, its funny how
I dont feel the love
I just hear the words, julia says
She doesnt know what its all about
She doesnt seem to care at all
Open your eyes and see, love hurts
Julia please, open your eyes and see
Julia wants to be on her own
Sharing her thoughts, she is all alone
Dreaming of the things she wants to be
Where julia dont belong
Julia said
She doesnt know what its all about
She doesnt know, cmon julia
She doesnt know, what its all about
Julia... ... ...

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General Roberts in Afghanistan

'Twas in the year of 1878, and. the winter had set in,
Lord Roberts and the British Army their march did begin,
On their way to Afghanistan to a place called Cabul;
And the weather was bitter cold and the rivers swollen and full.

And the enemy were posted high up amongst the hills,
And when they saw the British, with fear their blood thrills;
The savages were camped on the hillsides in war array,
And occupying a strong position which before the British lay.

And viewed from the front their position was impregnable,
But Lord Roberts was a general of great skill;
Therefore to surprise the enemy he thought it was right,
To march upon the enemy in the dead of night.

Then the men were mustered without delay,
And each man of them was eager for the fray;
And in the silent darkness they felt no dismay,
And to attack the enemy they marched boldly away.

And on they marched bravely without fear or doubt,
And about daybreak the challenge of an Afghan sentinel rang out,
And echoed from rock to rock on the frosty biting air;
But the challenge didn't the British scare.

Then the Highlanders attacked them left and right,
And oh! it was a gorgeoua and an inspiring sight;
For a fierce hand to hand struggle raged for a time,
While the pibrochs skirled aloud, oh! the scene was sublime.

Then the Ghoorkas did the Afghans fiercely attack,
And at every point and turning they were driven back;
And a fierce hand to hand struggle raged for a time,
While in the morning sunshine the British bayonets did shine.

And around the ridge or knoll the battle raged for three hours,
And British bullets fell amongst them in showers;
For Captain Kelso brought us his mountain battery,
And sent his shells right into the camp of the enemy,
Then the left of the Afghans was turned, and began to flee.

Meanwhile, on the enemy's strong position Lord Roberts launched an attack,
And from their position they could hardly be driven back
Because the Afghans were hid amongst the woods and hills,
Still with undaunted courage, the British blood thrills.

And the Afghans pressed the British hotly, but they didn't give way,
For the 8th Ghoorkas and the 72nd kept them at bay;
And the mountain guns shells upon them did fire,
Then the 8th Punjaub, bounding up the heights, made them retire.

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Game Show

Last night we were watching this game show
They were talking bout marriage
And that stuff you know
I found myself laughing
Cause those couples werent clear
And then here he comes with this bright idea
So I said to him
I know you mean well
Youre genuine I can tell
Besides you and me
I know that we would soar
But are you ready?
You gotta be sure, you gotta be sure
Oh no, I know you got the feeling, hold on
Baby, youre price aint right, hold on
I know you got the feeling, hold on
Hey this is my life, hold on
I know you got the feeling, hold on
Baby youre price aint right, I know
You feel like hitting the ceiling, hold on
Hey this is my life, hold on
So were arguing
Talking about it back and forth
And forth and back as if there is no source
And now Im wondering
Is this what he had in mind?
Cause if I thought wed get through that door
Tell me whats gonna be my price
So I said to him
Game show, game show, game show
Game show, game show, game show
Game show, game show, game show
Game show, game show, game show
Game show, game show, game show
Game show, game show, game show
Game show, game show, game show
I know you mean well
Youre genuine I can tell
Besides you and me
I know that we would soar
But are you ready?
You gotta be sure, you gotta be sure
Oh no, I know you got the feeling, hold on
Baby, youre price aint right, hold on
I know you got the feeling, hold on
Hey this is my life, hold on
I know you got the feeling, hold on
Baby youre price aint right, I know
You feel like hitting the ceiling, hold on
Hey this is my life, hold on

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Splitting Infinitives

Chief Justice Roberts hates to split
infinitives, and boldly goes
towards the future without wit,
his path as prim as that prim rose
that once Polonius boldly took,
advising Hamlet not to dally.
The Constitution almost shook
when he refused to shilly-shally,
and tried to wander in a way
that was unfaithful to the text
the oath of office. The next day
the problem was resolved, and now,
Queen’s English and our own unregal
language must agree that splitting
of infinitives is legal,
although pedantically unfitting,
since we’ve a President who swore
appropriately, and a Justice
who like Polonius is a bore
and clearly just as dry as dust is.

Inspired by Stephen Pinker’s Op-Ed article in the NYT, January 22,2009, appropriately titled “Oaf of Office, ” commenting on the fiasco created by Chief Justice Roberts when administering the oath of office to President Obama according togrammatical rules that conflict with the original text of the oath:
In 1969, Neil Armstrong appeared to have omitted an indefinite article as he stepped onto the moon and left earthlings puzzled over the difference between “man” and “mankind.” In 1980, Jimmy Carter, accepting his party’s nomination, paid homage to a former vice president he called Hubert Horatio Hornblower. A year later, Diana Spencer reversed the first two names of her betrothed in her wedding vows, and thus, as Prince Charles Philip supposedly later joked, actually married his father. On Tuesday, Chief Justice John Roberts joined the Flubber Hall of Fame when he administered the presidential oath of office apparently without notes. Instead of having Barack Obama “solemnly swear that I will faithfully execute the office of president of the United States, ” Chief Justice Roberts had him “solemnly swear that I will execute the office of president to the United States faithfully.” When Mr. Obama paused after “execute, ” the chief justice prompted him to continue with “faithfully the office of president of the United States.” (To ensure that the president was properly sworn in, the chief justice re-administered the oath Wednesday evening.)
How could a famous stickler for grammar have bungled that 35-word passage, among the best-known words in the Constitution? Conspiracy theorists and connoisseurs of Freudian slips have surmised that it was unconscious retaliation for Senator Obama’s vote against the chief justice’s confirmation in 2005. But a simpler explanation is that the wayward adverb in the passage is blowback from Chief Justice Roberts’s habit of grammatical niggling. Language pedants hew to an oral tradition of shibboleths that have no basis in logic or style, that have been defied by great writers for centuries, and that have been disavowed by every thoughtful usage manual. Nonetheless, they refuse to go away, perpetuated by the Gotcha! Gang and meekly obeyed by insecure writers. Among these fetishes is the prohibition against “split verbs, ” in which an adverb comes between an infinitive marker like “to, ” or an auxiliary like “will, ” and the main verb of the sentence. According to this superstition, Captain Kirk made a grammatical error when he declared that the five-year mission of the starship Enterprise was “to boldly go where no man has gone before”; it should have been “to go boldly.” Likewise, Dolly Parton should not have declared that “I will always love youbut “I always will love you” or “I will love you always.”
Any speaker who has not been brainwashed by the split-verb myth can sense that these corrections go against the rhythm and logic of English phrasing. The myth originated centuries ago in a thick-witted analogy to Latin, in which it is impossible to split an infinitive because it consists of a single word, like dicere, “to say.” But in English, infinitives like “to go” and future-tense forms like “will go” are two words, not one, and there is not the slightest reason to interdict adverbs from the position between them.
Though the ungrammaticality of split verbs is an urban legend, it found its way into The Texas Law Review Manual on Style, which is the arbiter of usage for many law review journals. James Lindgren, a critic of the manual, has found that many lawyers have “internalized the bogus rule so that they actually believe that a split verb should be avoided, ” adding, “The Invasion of the Body Snatchers has succeeded so well that many can no longer distinguish alien speech from native speech.” In his legal opinions, Chief Justice Roberts has altered quotations to conform to his notions of grammaticality, as when he excised the “ain’t” from Bob Dylan’s line “When you ain’t got nothing, you got nothing to lose.” On Tuesday his inner copy editor overrode any instincts toward strict constructionism and unilaterally amended the Constitution by moving the adverb “faithfully” away from the verb. President Obama, whose attention to language is obvious in his speeches and writings, smiled at the chief justice’s hypercorrection, then gamely repeated it. Let’s hope that during the next four years he will always challenge dogma and boldly lead the nation in new directions.


1/22/09

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Game Don't Wait (feat. Nate Dogg And Snoop Dogg)

I come to find out though, all these years
the game wont wait no matter who you are
where you are or how you are
the game wont wait
its a cold thang, but its a cold game
you know how it is
(Chorus) x3
Game dont wait
The hits dont stop because the game dont wait
Game dont wait
The hits dont stop because the game dont wait
[Snoop]
Now all I, see is we
the LBC, its 213s
cheese and please and the reason the season
the click's off the heezy, Mr. Warren G Z
gots to make it easy, wit Snoop D Z
they come back, and drop raps and make snaps so easy
the most hunted, and most wanted
with a pocket full of hundreds, you know how we run it
[Warren G]
Snoop de woop pass the M-I-C
anticipation 213
we contemplate, and regulate
now we got the game tight, its money to make (money, money, money)
the game dont wait but you can wait for the game
worldwide tours, with skirts screamin our name
[Snoop]
The hits dont stop because the game wont change
all we goin to do is maintain, maintain
[Nate Dogg]
The hits dont stop because the game dont wait
I got no time for no payin much rate
I gotta go out and buy some brand new clothes
change my signs so they reveal my foes
The hits dont stop because the game dont wait
girls dont stop because the dick is straight
let me teach you what I already know
the hits dont stop so its time to go
(Chorus) x3
Game dont wait
The hits dont stop because the game dont wait
Game dont wait
The hits dont stop because the game dont wait
[Warren G]
Now its the second time around ain't no phonies any fakes
Let me holla at cha tryin to snake my stakes
you older than me, you say OG, you almost 40
tryin to stay young as 40
sport you roll me those so stay in ya place

[...] Read more

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How Does It Feel To Be Alone?

How does it feel to be alone
with no one round with whom you can
hang out, e-mail and telephone
now silent from your loverman?

How does it feel to get no kicks
from your beloved? Who is left,
for you to mix with, will you nix
your lovelife, loverman bereft?

Stone cold and lonely, lady, will
you roll, or will you gather moss?
On empty running, will you fill
your life again, make up your loss?

I knew that you were bound to fall
when first you fell for me. D’you feel
there’s someone else now you can call
and hope that you can make a deal?

With no direction home, is there,
d’you think, another man who’ll hold
you as I did, and if so, where
d’you think that like a stone he’s rolled?

Inspired by an article in the NYT by Adam Liptak on the use of lyrics by Bob Dylan in the Supreme Court (“The Chief Justice, Dylan and the Disappearing Double Negative, ” June 29,2008) :

The last chief justice liked light opera. The new one cites Bob Dylan. oour pages into his dissent on Monday in an achingly boring dispute between pay phone companies and long distance carriers, John G. Roberts Jr., the chief justice of the United States, put a song lyric where the citation to precedent usually goes. “The absence of any right to the substantive recovery means that respondents cannot benefit from the judgment they seek and thus lack Article III standing, ” Chief Justice Roberts wrote. “ ‘When you got nothing, you got nothing to lose.’ Bob Dylan, Like a Rolling Stone, on Highway 61 Revisited (Columbia Records 1965) .”
Alex B. Long, a law professor at the University of Tennessee and perhaps the nation’s leading authority on the citation of popular music in judicial opinions, said this was almost certainly the first use of a rock lyric to buttress a legal proposition in a Supreme Court decision. “It’s a landmark opinion, ” Professor Long said.
In the lower courts, according to a study Professor Long published in the Washington & Lee Law Review last year, Mr. Dylan is by far the most cited songwriter. He has been quoted in 26 opinions. Paul Simon is next, with 8 (12 if you count those attributed to Simon & Garfunkel) . Bruce Springsteen has 5.
But Mr. Dylan has only once before been cited as an authority on Article III standing, which concerns who can bring a lawsuit in federal court. His key contribution to legal discourse has been in another area.
The correct rule on the necessity of expert testimony has been summarized by Bob Dylan: ‘You don’t need a weatherman to know which way the wind blows, ’ ” a California appeals court wrote in 1981, citing “Subterranean Homesick Blues.” Eighteen other decisions have cited that lyric.
Chief Justice Roberts’s predecessor, William H. Rehnquist, cited his beloved Gilbert & Sullivan in a 1980 dissent from a decision that the press had a constitutional right of access to court proceedings. He was still an associate justice, and he thought the court had made up the right out of whole cloth. In rebuttal, Justice Rehnquist relied on the Lord Chancellor in “Iolanthe” to rebuke the majority. “The Law is the true embodiment of everything that’s excellent, ” the Lord Chancellor says. “It has no kind of fault or flaw, and I, my Lords, embody the Law.”
That made Justice Rehnquist’s point pretty well. The Roberts citation is more problematic. On the one hand, he showed excellent taste. “Like a Rolling Stone, ” as Greil Marcus has written, isthe greatest record ever made, perhaps, or the greatest record that ever would be made.” On the other hand, Chief Justice Roberts gets the citation wrong, proving that he is neither an originalist nor a strict constructionist. What Mr. Dylan actually sings, of course, is, “When you ain’t got nothing, you got nothing to lose.”
It’s true that many Web sites, including Mr. Dylan’s official one, reproduce the lyric as Chief Justice Roberts does. But a more careful Dylanist might have consulted his iPod. “It was almost certainly the clerks who provided the citation, ” Professor Long said. “I suppose their use of the Internet to check the lyrics violates one of the first rules they learned when they were all on law review: when quoting, always check the quote with the original source, not someone else’s characterization of what the source said.” The larger objection is that the citation is not true to the original point Mr. Dylan was making, which was about the freedom that having nothing conveys and not about who may sue a phone company. (See, e.g., “Me and Bobby McGee.”)


6/29/08

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