Hire an undocumented nanny, and you are unfit to join the cabinet. Sign a memo facilitating war crimes by mis-reading the Geneva convention, or commission a memo that facilitates torture by, excuse the term, torturing the English language and the relevant judicial precedents…no problem…
A Personal Blog
by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
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Recent Bluessky Posts- Jotwell Jurisprudence: Carlos Bernal, The Object of Legal Interpretation, JOTWELL (May 1, 2026) (reviewing Francisco J. Urbina, The Object of Interpretation, 114 Geo. L.J. __ (forthcoming 2026), available at SSRN (Feb. 11, 2025)), juris.jotwell.com/the-object-o.... May 1, 2026 Jotwell
- Jotwell IP: Lisa Larrimore Ouellette, Clinical Trial Transparency and Patent Prior Art, JOTWELL (Apr 30, 2026) (reviewing Dennis Byrski & Lucy Xiaolu Wang, Marketing Authorization and Strategic Patenting: Evidence from Pharmaceuticals, 247 J. Pub. Econ. 105415 (2025)), ip.jotwell.com/clinical-tri... April 30, 2026 Jotwell
- Had one been elected promising national health that would have been strong evidence of a winning coalition for it. That sort of thing becomes a self-fulfilling prophecy sometimes. Electoral campaigns are not the moment to discuss the nuts and bolts of horse-trading. They're the time to inspire. April 29, 2026 Michael Froomkin
- Emma Cave, Keeping Pace with Technological Advances, JOTWELL (April 29, 2026) (reviewing Neera Bhatia, Technology, Health, and Law in Life and Death Before the Cradle to Beyond the Grave (2025)), health.jotwell.com/keeping-pace.... April 29, 2026 Jotwell
- Seems to me there ought to be a problem if large numbers of women whose married names didn't match their birth names will need to get a passport in order to vote, and that passport will come with a partisan portrait. www.thebulwark.com/p/exclusive-... April 29, 2026 Michael Froomkin
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Right on!
And by the way, I read your brother’s column too – but check you out every day.
Did Gonzales perjure himself during the Confirmation Hearings?
SEN. LEAHY: So it is your testimony the president has (besides that of Feb 7, 2002) issued no other directive regarding the treatment of detainees? Thats not a trick question. I want to make sure you understand it very clearly because you are under oath. My question is meant to include a directive in any form to any government personnel regarding any category of detainee from any theater of operations and regarding any aspect of detainee treatment, including interrogation.
MR. GONZALES: Senator, I dont have any firsthand knowledge about the president giving directions regarding, say, specific techniques. That would not, in my judgmentas in the Schlesinger report, he concluded it would be sort of out of the question to expect the president would be involved in making individual
SEN. LEAHY: Im just going by your formalI mean your statement publicly that this was the only formal written directive for the president regarding treatment of detainees.
Do you have any firsthand or secondhand knowledge of any other directive?
MR. GONZALES: Sir, other than the directive by the president that were not going to engage in torture and that were going to abide by our legal obligations, Im not aware of any other directive by the president.
Well, he’d have to be aware of any other presidential directive, as he would be the one writing it! As President’s counsel, his request for the Bybee memo was for some purpose other than his own interest in the legality of interrogation techniques — it was to develop executive policy on the treatment of detainees.