Yearly Archives: 2009

Al Franken Wins His Case

Former Senator Norman Coleman's appeal of a court decision rejecting various challenges to Al Franken's Senate victory has failed on all counts. The Minnesota Supreme Court ruled unanimously per curiam for Franken on every issue.

The decision does not actually order the Governor to certify the election, it just affirms the lower court decision. (The Governor not being a party to the case, it's not clear to me that the court could have issued such an order procedurally.) In the ordinary course that should suffice — the Governor's duty is now clear.

Update: the key language is this: “For all of the foregoing reasons, we affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn. Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota.” That doesn't leave the Governor much wiggle room unless Coleman starts trying to get a federal injunction. Which ether won't be forthcoming or will be really, really brief.

The possibilities for obstruction now are either that the Governor will not certify the result (uncertain, but he's suggested in the past he'd do what the state Supreme Court ordered), and an attempt to take the case to the US Supreme Court. I don't think the Supreme Court will touch this one, but I suppose the cert petition might buy Coleman a little more time. He certainly has no shortage of funds from GOP groups trying to prevent the seating of the 60th Democratic Senator.

(Not that I place great hopes on a 60-strong Democratic contingent. There are still too many who won't vote to break filibusters.)

Posted in Law: Elections | 1 Comment

Peition to Improve PACER

A group of law librarians at Stanford Law Library have drafted a very short petition directed at the Administrative Office of the US Courts to improve PACER (Public Access to Court Electronic Records), and you can see it (and sign it) at Improve PACER – The Petition Site:

We ask the Administrative Office of the U.S. Courts to improve PACER by enhancing the authenticity, usability and availability of the system.

We the undersigned, urge the Administrative Office of the US Courts (AO) to make the following changes to the PACER system:

For verification and reliability, the AO should digitally sign every document put into PACER using readily available technology.

PACER needs to be much more readily accessible if it is to be usable for research, education, and the practice of law. Improved accessibility includes both lowering the costs for using PACER and enhancing the web interfaces.

Depository libraries should also have free access to PACER.

This is a great idea, and deserves support.

Posted in Law: Everything Else | 1 Comment

Today’s Torture Links

Bob Herbert, NYT, How Long Is Long Enough?

Glenn Greenwald, NPR Ombudsman refuses interview regarding “torture”

Crooks & Liars, New Yorker Magazine Buries Major Abu Ghraib Abuse On Page 6 Of CIA Story

Posted in Torture | 1 Comment

Let’s Ban Footnotes Too!

Judge Posner has proposed that we ban hyperlinking in order to save newspapers.

Expanding copyright law to bar online access to copyrighted materials without the copyright holder's consent, or to bar linking to or paraphrasing copyrighted materials without the copyright holder's consent, might be necessary to keep free riding on content financed by online newspapers from so impairing the incentive to create costly news-gathering operations that news services like Reuters and the Associated Press would become the only professional, nongovernmental sources of news and opinion.

Copyfight says that this is Proof That Even Very Smart People Can Say Very Stupid Things. Brilliant as Judge Posner most undoubtedly is, and will full respect for his many true contributions to legal thinking, this is far from the first such example he has provided us. (Recall Posner on rape, or on baby-selling.) Which, along with a certain degree of unpredictability, is why he's not on the Supreme Court, even though most lawyers would rank him as at least one of the most brilliant legal scholars of his generation.

Posted in Law: Copyright and DMCA | 12 Comments

A Few More Dan Froomkin Links

dan.jpgWashington Post Ombudsman, part II: Froomkin Departs, Leaving Angry Loyalists And Questions (“Institutionally, The Post is now responding by circling the wagons … when I was able to start querying editors yesterday, a wall of silence was erected.”)

And don't miss the readers' comments….

Other voices:

But I'm not supposed to say anything.

Posted in Dan Froomkin | 3 Comments

Dan Froomkin’s Final WashPo Column

My brother has posted his final column at the Washington Post, White House Watched.

I'll post information about his next gig when it's official, probably no sooner than it appears at whitehousewatch.com. Meanwhile, there's always the archive.

Dan is slated to speak next week at the Personal Democracy Conference in NY — a fun event that I probably would have gone to but for this vacation thing.

Posted in Dan Froomkin | Comments Off on Dan Froomkin’s Final WashPo Column