Yearly Archives: 2009

Another Sign of the Decline and Fall of the American Empire

Posted on April 17, 2009 by Michael Froomkin

According to NPR, SpongeBob: Still Soaking Up Ratings After 10 Years, 45 million people over 18 watch the show every month.

Posted in Kultcha | 4 Comments

How To Nail an Interview (And Flub a Research Project)

Posted on April 17, 2009 by Michael Froomkin

This guy may give good job-seeking advice, but his research methods seem positively unethical to me. They also raise some legal issues. Here's how he gathered his data for How To Nail An Interview:

If I could be the one asking the interview questions, not answering, I could see first hand what made candidates stand out. I could then take that knowledge and cater my behavior in any future interview to give myself the best chance of getting hired.

First, I needed to create a “corporate presence.” I found a company that rented office space by the hour. It was in a downtown Seattle high-rise, had a killer view, and came with a secretary, who'd call me once an interviewee arrived. It was perfect.

Next, I posted a job on craigslist for a marketing coordinator at a “soon to launch” web company. Literally minutes after the posting, resumes poured in, 142 on the first day, 356 in the first week.

Finally, giving the interview wasn't enough. I wanted to be able to go back, review the footage, and dissect answers, body language, everything, to really see what makes someone look good or bad. So before scheduling any interviews, I got online, bought a couple of small cameras, picked up a couple lamps and lamp shades, and with a drill, some super glue, a little bit of cardboard, and electric tape, I constructed 2 hidden camera lamps.

He's smart enough to realize there's an issue here, but I don't think he got any legal advice (or got bad advice) when he decided a standard form release would do the job:

Of course to make sure everything was legally kosher, everyone was required to sign and fax back an appearance release waiver before an interview was scheduled. The reason, “some company meetings will be filmed and we needed proof you'd be comfortable appearing on a video blog if hired.”

Two problems here: First — although I suppose it's an issue of state law where it happened — the release for filming “company meetings” seems unlikely to stretch to job interviews. Not to mention FAKE job interviews.

Second, seeing as the company was fake, even if the release was otherwise valid and applicable, why isn't this a case of a release procured by fraud, which is therefore invalid?

I think he's a lot better at giving interview advice than making legal judgments. Most of his advice about what to do and what to avoid actually seems quite sound.

Posted in Law School | 1 Comment

Another American Radicalized

Posted on April 16, 2009 by Michael Froomkin

A far-right, Barack Obama-hating Baptist preacher had a bad encounter with the Border Patrol and made a video about it: Baptist pastor beaten & tazed by Border patrol – 11 stitches.

Maybe the guys who who beat and tased him were operating under advice of counsel? (But seriously, I bet it's only a matter of time before Fox or someone says this is proof that Obama is Hitler or something.)

Don't use this as a model with how to deal with a traffic stop: If law enforcement tell you you're under arrest — which must have happened at some point, although when isn't clear — one should get out of the car if told to. Or even if told to before arrest. Sue them later. (It's ok to ask if one is required to do so or if one is free to go. But if the officer says you're required to comply, do so — and get their name.)

And, even absent arrest, if there's probable cause for a search — like a dog alert — then law enforcement have the right under current law to search the car. Problem here is that there's a fairly credible allegation that the 'dog alert' may have been a fake. As the law stands, however, that doesn't give one a right to resist arrest. It sure sounds like it would have been wiser to get out of the car one the police showed up, at the latest. But it also sounds like despite the Pastor's charming belief that the 4th amendment applied, or would have protected him even if it did, there were several unjustified acts that could serve well for claims of police brutality.

Why do the “Border Patrol” get to set up checkpoints 75 miles from the border? Because in United States vs. Martinez-Fuerte, 428 U.S. 543 (1976), the Supreme Court said they could go up to 100 miles from the border. Which includes pretty the entire state of Florida, since most of it is within 100 miles of the coast!

aclu-map-sm.jpg
Click for a bigger picture.

It's not just a Florida problem. Here's the ACLU:

Much of U.S. population affected

  • Many Americans and Washington policymakers believe that this is a problem confined to the San Diego-Tijuana border or the dusty sands of Arizona or Texas, but these powers stretch far inland across the United States.
  • To calculate what proportion of the U.S. population is affected by these powers, the ACLU created a map and spreadsheet showing the population and population centers that lie within 100 miles of any “external boundary” of the United States.
  • The population estimates were calculated by examining the most recent US census numbers for all counties within 100 miles of these borders. Using numbers from the Population Distribution Branch of the US Census Bureau, we were able to estimate both the total number and a state-by-state population breakdown. The custom map was created with help from a map expert at World Sites Atlas.
  • What we found is that fully TWO-THIRDS of the United States’ population lives within this Constitution-free or Constitution-lite Zone. That’s 197.4 million people who live within 100 miles of the US land and coastal borders.
  • Nine of the top 10 largest metropolitan areas as determined by the 2000 census, fall within the Constitution-free Zone. (The only exception is #9, Dallas-Fort Worth.) Some states are considered to lie completely within the zone: Connecticut, Delaware, Florida, Hawaii, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Rhode Island and Vermont.
Posted in Civil Liberties, Torture | 2 Comments

Rebarbative Memos

Posted on April 16, 2009 by Michael Froomkin

The ACLU has obtained four critical OLC torture memos as a result of a FOIA request. [link corrected, sorry about that]

Glen Greenwald has some key excerpts.

They are simply disgusting.

President Obama's statement accompanying the release states, “this is a time for reflection, not retribution.”

He's right.

Retribution should not begin until you've finished throwing up.

Posted in Torture | 5 Comments

CCR Symposium: What is To Be Done?

Posted on April 16, 2009 by Michael Froomkin

I've posted a second entry to the Concurring Opinions symposium, What is To Be Done?”.

I doubt it will be as controversial as my first entry, but we'll see.

Posted in Law: Internet Law | 2 Comments

Internet Governance in Hard Times

Posted on April 15, 2009 by Michael Froomkin

I was invited to an interesting seminar in London, sonsored by the Oxford Internet Institute, The New Economic Context of Internet Governance. It was being held only a few steps away from where I used to work when I lived in London. And all they wanted was a two-page position paper.

Unfortunately, the travel budget doesn't really stretch to a day trip to London, and they didn't include a ticket with the invitation.

But what the heck, I wrote a position paper anyway, and I've appended it here. I'd appreciate comments. Virtual seminar, anyone?

Continue reading →

Posted in Internet | 2 Comments