Yearly Archives: 2003

Big Win for FTC on Do-Not-Call

Posted on October 8, 2003 by Michael Froomkin

The 10th Circuit decision in FTC v. Mainstream Marketing Serv is a huge win for the FTC. The court not only vacated the injunction blocking implementation of the do-not-call list, but said that it thinks the FTC is very likely to win on the merits.

The key to the panel's decision is that it finds in the agency's deliberative records, and in the original statute's legislative history, reasons why one could believe that commercial calls are (a) more annoying to consumers than non-commercial calls and (b) why the risk of fraud and other harms is greater from commercial calls than from non-commercial calls:

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Posted in Law: Constitutional Law | Comments Off on Big Win for FTC on Do-Not-Call

Do-Not-Call Lives Again

Posted on October 7, 2003 by Michael Froomkin

The 10th Circuit has just issued an order reviving the do-not-call list. I have to go teach a class, but I'll try to write up something about it late tonight.

Posted in Administrative Law, Law: Constitutional Law | Comments Off on Do-Not-Call Lives Again

Structural Failings in the California Election: The Case for STV Now More Than Ever

Posted on October 7, 2003 by Michael Froomkin

California is voting today. As a supporter of democratic institutions to the maximum extent compatible with broadly republican government – in other words, as someone who is predisposed to like the institutions of ballot initiatives and petitions, and who thinks that recalls do have a place in a well-run representative democracy, I take away two and a half lessons from the California fiasco: The two main lessons are that the bar for a recall needs to be somewhat higher, but not too high, and that if ever there was on object lesson on the virtues of single transferable vote, this is it. (The half lesson is that I need to rethink the virtues and vices of postal voting.)

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Posted in Law: Constitutional Law, Politics: US | 7 Comments

Pranks

Posted on October 7, 2003 by Michael Froomkin

Zug is a bit hit and miss, but when it hits, it really hits. Commuters everywhere will love the new Turnpike Prank. But even that's not as funny as my all-time favorite: The Credit Card Prank, a hypo-filled joke that resonates especially well with law professors.

Posted in Completely Different | Comments Off on Pranks

Retreat In Order To Better Advance

Posted on October 7, 2003 by Michael Froomkin

We are about to undergo a “Retreat” next weekend to discuss fundamental issues about the law school's future direction and advancement. This worries me.

I've only ever been on a workplace “Retreat” once before, and that one was badly organized—or rather it was not organized at all, and it ended in disaster. This one at least has a written agenda and professional, trained facilitators, who understand the academic legal environment. So there's some reason to hope that this one might not be a disaster. Nevertheless, I'd be very interested in any advice any Retreat survivors could point me to about what to do or not do, to hope for, or to fear.

I take it, for example, that I should not wear my demotivator t-shirt to the meeting, nor propose to decorate the meeting room with a suitable poster or two.

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Posted in Law School, U.Miami | 1 Comment

Jointhedebate.org

Posted on October 7, 2003 by Michael Froomkin

The People Speak: America Debates its Role in the World is a program to encourage public debates about foreign policy. The idea is that events should be held all around the country, primarily between the 5th and the 18th of October (i.e. now). You know they have to be doing something interesting if they can get the simultaneous endorsement of The United Nations Foundation, The Open Society Institute, The League of Women Voters, The American Enterprise Institute, The Jesse Helms Center [!!!], and lots of other do-good groups.

They've actually put together an ideologically balanced but nonetheless meaty debate package (MS Word document). And they offer micro-grants to groups that want funds to help stage an event.

Impressive.

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Posted in Politics: US | Comments Off on Jointhedebate.org