Monthly Archives: October 2010

Demcrats With Tough Ads

I tend to like tough Democratic ads, especially if they deliver the shiv with a gentle touch. I think this Joe Sestack ad (PA-Sen) hits the spot:

… but will voters agree, or will some be offended?

On the other hand, I suspect this Jack Conway ad (KY-Sen) will work for it intended audience, although it doesn't work as well for me:

Conversely, this Solomon Ortiz ad (TX-) has a good concept, but I don't think the execution is all it could be (especially as it stomps on the last point, which suggests the opponent could be a big target):

Posted in Politics: 2010 Election | 1 Comment

Joe Garcia’s Weakness

It's no secret that I'm a big fan of Joe Garcia, the Democratic candidate for FL-25. And more we learn about this opponent, the more David Rivera sounds like has a serious honesty problem.

Garcia is a serious, smart guy, who genuinely cares about the community he grew up in. He'll be a great Congressman. But nobody is perfect. And if Joe Garcia has a weakness, it's a taste for jokey campaign commercials. I actually liked the ones he ran two years ago, but I don't think the voters did. And IMHO this year's web-only effort, “The Politician Who Shagged Us”, is just a mistake. But then I don't like Mr. Bean much, either.

Posted in Politics: FL-25/FL-27 | 1 Comment

Oh Yes

xkcd: Tech Support nails it.

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Meet the UM Law Legal Corps Fellowship Program

I mentioned last week that there was some good news about the sequel to the University of Miami Law School Foreclosure Fellowship program. (See U Miami Law Foreclosure Fellowships 2009-2010 Final Report.) We placed eleven recent law graduates with a variety of organizations providing legal assistance to homeowners facing foreclosures. We helped a lot of people, and we also helped some of our graduates find jobs. The program died for lack of funding, but I'm glad to report that it has spawned a bigger, and I hope better, successor in the UM Law Legal Corps Fellowship Program.

Dean Patricia White has announced that she is, in effect, going to clone the Foreclosure Fellows program and expand it beyond fighting foreclosures to encompass a wide range of pro bono activities, and not just in Florida. The law school will pay students who pass a state bar after graduation a stipend of $2,500 per month for up to six months after graduation to do pro bono work. The plan — although I gather things are still a bit fluid — is to run a massively larger program than my eleven graduates, with the goal to reach perhaps as many as 100 new lawyers, or even more (the press release quoted below speaks of “more than 200 potential placements” but one can have more opportunities than takers).

As I understand it, details are still being worked out — including what students will have to do to qualify (although the press release suggests all graduates who pass a bar will be “eligible” it also speaks of those “qualified,” neatly leaving open the issue of whether it will take more than passing a bar to be qualified for a Fellowship), whether we can find a way to provide Fellows with affordable health insurance, the extent to which the law school will take on the responsibility of finding placements for the graduates, and the legal implications of each of these decisions for tax, malpractice, and other types of liability. I'm also a little unclear about how the out-of-state component will work. On the one hand, I think it's great to open up the program to out-of-state bar takers, who would then do pro bono work in the state where they plan to stay. On the other hand, it may be quite hard to arrange for the out-of-staters to participate in the planned “rigorous biweekly professional development sessions” either where they are located or remotely. Not to mention getting them CLE credit. But these are details, and good problems to have as they are the sign of an ambitious program taking off.

What I liked best about Dean's White's presentation of the idea to the faculty at a recent meeting is that she emphasized that her objective was to make the Fellowships both meaningful and prestigious — to match strong graduates with placements where their participation would result in good works; that her aim is to make the Legal Corps something that our graduates will brag about being a part of. That, I think, is a critical goal.

If this sort of thing takes off, I wonder if US legal education will end up with a de facto equivalent to a medical residency, or the UK barrister's pupilage and solicitor's articles. There are pluses (it can be very good training) and minuses (more time before the graduate starts earning a real salary) to these semi-apprenticeship models, but it's something to think about. Arguably, we've had something like that already with judicial clerkships (although they pay better) but we limited them to a small number of students.

Below I reprint the University of Miami School of Law's press release, issued today, announcing the Legal Corps program:

Continue reading

Posted in U.Miami | 9 Comments

Christine O’Donnell Goes Viral

First there was the original ad that started it all

Then the Saturday Night Live parody version,

And then it all went very viral, very fast:

Posted in Politics: 2010 Election | Comments Off on Christine O’Donnell Goes Viral

Rivera Won’t Disclose Who Really Pays Him

David Rivera has a problem with the truth. A big problem. And the Miami Herald has Rivera in its sights.

We've known for some time that GOP Congressional candidate David Rivera (FL-25) was sort of weird and shifty, but the narratives were a little complex and weird. (Rivera ran a delivery truck off the road to prevent his opponent's mailers from getting to the post office? Rivera either was battering a woman or having an unknown doppelganger with the identical name who had a restraining order? Rivera was saying one thing in Spanish, then denying it English? Rivera was accused in an FEC filing of illegal campaign activities?)

But here comes something easy to understand: today's paper reports (Source of Rivera's income unclear) that Rivera has for years been getting money from a secret source that Rivera will not disclose. Yes, the one and only David Rivera in the Florida state legislature has either been lying on his sworn financial disclosure forms, or taking some kind of secret payoff, or both.

See, there's this money he has been saying for seven years that he gets in salary from consulting for the USAID, a federal agency. But the Herald discovered that USAID says it has never heard of him. Oh, says Rivera, I was a subcontractor. But I won't tell you for whom. I didn't mention the subcontractor in my sworn ethics disclosure form because the money originated at USAID (which I'm sure is an ethics violation right there). What, asks the Herald, did you actually do for USAID? I took trips like these, says Rivera, showing receipts of three trips to Mexico and Chile.

And here the Herald does real journalism: it looks into those trips and finds they were funded exchanges by the US State Department, on which Rivera got expenses and $200 per day – not the thousands he lists on his ethics forms. Oh, says Rivera, well those were just examples of what I did. And it goes round and round and round, including the creation of a possibly sham company in Puerto Rico (to launder the money?).

Somewhere in all this I lost track of the number of times the Herald caught Rivera lying, but it's a large number. And don't miss the last few paragraphs of the story, in which the Herald, purely deadpan, presents facts relating to large payments by previous Rivera campaigns, for what seems like not much, to a corporation that had a close relationship with his mother. At least he's a family man.

Posted in Politics: FL-25/FL-27 | Comments Off on Rivera Won’t Disclose Who Really Pays Him