Yearly Archives: 2010

Froomkin on Sherrod’s Libel Claims

The media tempest over Shirley Sherrod's firing has reached down to me, and I'm quoted in the Palm Beach Post's take, Racism allegations, apologies fly fast Ex-Ag exec thrust into racism debate.

The reporter wanted to know if Ms. Sherrod might have a libel claim. Leaving aside the issues as to against whom a libel or false light claim might be filed, I tried to explain to the reporter that economic injury (if it existed) was only the easiest sort to prove, not the only sort that mattered, but that got lost somewhere, I fear.

The reporter seemed surprised that it could be hard to prove the case if Ms. Sherrod ended up with a better job, even though she had been held up to a degree of insult and ridicule, but a tort claim requires you prove injury as an element of the claim and I can certainly imagine a defense based on the claim she ended up better off so where's the damage? With some juries it could work.

Posted in The Media | 6 Comments

The Politics of Face

Rep. Grayson gave a stemwinder of a speech the other day in which among other things he noted that by delaying the extension of unemployment insurance Republicans were “taking food from the mouths” of children. There's probably an element of truth to this, since not everyone losing benefits will be able to go on welfare immediately, but in any case it's not the sort of talk the GOP is used to receiving; it would rather dish it out.

The reaction was not slow: a GOP apparatchik at something called the Media Research Center offered a public call:

“I'll give $100 to first Rep. who punches smary idiot Alan Grayson in nose.”

Grayson's reaction is at least as good as his original speech.

Posted in Politics: US | 3 Comments

Termites

termite.jpgIn a couple of weeks, my house is going to be covered with a thing like a circus tent.

Before that happens, I have to take out all the food, medicines, houseplants, and anything else that could end up in a mouth, as that tent is going to be pumped full of noxious toxic gas.

Yes, we have drywood termites. The flying kind. Indeed, judging from the number of tents sprouting in the neighborhood, every other house is infested.

We went through all this about ten years ago, and it seemed amazingly hard, a once-in-a-lifetime mess. A wiser colleague warned me that tenting every ten years or so was just an incident of life in south Florida. I didn't believe him, but he was prophetic. And after hurricanes, teenagers, and the odd medical crisis, it doesn't seem so bad.

Posted in Personal | 8 Comments

Juror Privacy Issues

This angry dissent by Judge Posner in from denial of rehearing en banc in US v. Blagojevich discusses a number of very interesting issues relating to the release of juror names in a high-profile criminal trial.

I'm left thinking that Posner is right that the Easterbrook opinion he savages is a bad opinion, but I'm still torn on the underlying merits.

Update & Note: there seems to be no way to link directly to the opinion, as the 7th circuit website creates temporary URLs for each copy. So to read it, go to the US v. Blagojevich docket and find the per curiam opinion with dissent issued on 7/14/2010.

Posted in Law: Privacy | 2 Comments

He Did It For Science

In the finest traditions of science, Ed Felton experimented on himself to gauge the effects of “digital drugs.”

Read the full shocking account at My Experiment with “Digital Drugs”

Kids, don't try this at home unless you fully understand the risks.

Posted in Science/Medicine | Comments Off on He Did It For Science

How to Run a Meeeting

The Chronicle of Higher Education recently ran an article on How to Run A Meeting. Unfortunately it is only available online to subscribers. The article, by Gary A. Olson who is Provost and Vice President for Academic Affairs at Idaho State University, includes much common-sense advice, a great deal of it probably obvious, and some things I would have thought were obvious but which long experience has shown are anything but.

The article includes a list of do's and don't that I thought I might reprint here (they have bullet points) along with some comments about how they apply to the peculiar environment that is a law school (peculiar because it's a small community where folks tend to know each other fairly well, where they are long-term repeat players, and all too well steeped in the arcana of procedure). So, here goes:

  • Cancel a meeting if you have a light agenda. Better to have a fuller agenda at the next regularly scheduled session than to ask colleagues to meet with little to do. Remember: It takes time to prepare for and arrive at a meeting, and that, too, is valuable time.

I'd go even further: schedule all meetings at the start of the year so people can protect the time on their calendars; if you are going to cancel a meeting, try to cancel before the last minute.

  • Hand out an agenda in advance of the meeting. A published agenda helps everyone stay on track.

I'm amazed at how rare this is.

  • Always limit the length of a meeting and monitor the time so that it doesn't go on too long. For example, don't schedule an hour meeting if the tasks at hand can reasonably be accomplished in a half-hour.

This appears to have little applicability to law schools, or at least our law school, where the challenge is usually to fit everything in to the time allotted.

  • When appropriate, pass out supporting documents in advance so that people can arrive prepared. The better prepared that committee members are, the more likely they are to work efficiently.

I couldn't agree more; and yet most people don't seem to expect this for some strange reason, and it often doesn't happen.

  • Begin every meeting on time, not 10 minutes late. That practice is a sign of respect for committee members' time, and it cuts down on the likelihood of rushing through part of the agenda later. (And once members know that you will always begin punctually, they will be more likely to show up on time.)

Yes, please. Please?

  • Immediately after calling a meeting to order, make clear the purpose and objectives of the session: “We need to make three key decisions this morning.” The best committee chair is goal oriented and guides the group from task to task.

I think if there's a written agenda, lawyers don't need this spelled out to them.

  • Establish guidelines for members' participation and behavior. For example: “Members will be expected to limit their contributions to a discussion to no longer than two minutes at a time; no one member will be allowed to filibuster or monopolize.” Or, “Members will be expected to adhere to the topic at hand and not lead the discussion off to other subjects.”

Perhaps in a large formal environment something like this is necessary, but given the small community of a law school, and the relatively small size of most committees this seems needlessly stuffy and bureaucratic. True, if you have the misfortune to have someone who goes on and on, this reduces your standing to stop them, but in my experience nothing will stop them anyway.

  • Use e-mail to conduct minor committee work so as to save face-to-face time for more important tasks.

Yes, please.

  • Conduct your meeting not only efficiently but fairly. Steamrolling through the decision-making process without providing adequate time for discussion and deliberation does not equate to efficiency.

Again, telling this to people who have studied Due Process seems somewhat redundant. If they don't already get the fairness concept, this won't suddenly cause a revelation. In my experience, though, the steamroller committee chair is a pretty rare phenomenon. Rather, our training leads us to debate things to death, even when the issues don't deserve it.

I'd be interested in hearing other advice for running good meetings. It's certainly not a skill I would profess to have in abundance. And, fortunately, it's also not a skill I have to exercise very often.

(Going beyond the 'how to run a meeting' topic, Provost Olson also endorses the idea of an 'Executive Committee' that would roll up the work of several other committees, thus freeing up more faculty to do research. He even suggests that this group shoulder all the burden of making decisions, and should be rewarded for the burden of exercising their power by extra pay or release time. I think that's not a good idea for a law school, whatever its virtues in a large public university.)

Posted in Law School | 1 Comment