A Personal Blog
by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
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All opinions on this blog are those of the author(s) and not their employer(s) unelss otherwise specified.
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Recent Bluessky Posts- Jotwell Int'l: Kathleen Claussen, International Regulatory Geopolitics, JOTWELL (9/9/26) (reviewing Lucian Cernat & Hannah Preuss, Soft Power, Hard Standards: How Strong Is the 'Brussels Effect' in International Standards?, __ J. World Trade __ (forthcoming 2026)), intl.jotwell.com/internationa.... September 9, 2026 Jotwell
- Official CFP for We Robot in Oxford, UK, April 22-24, 2027 is now available at easychair.org/cfp/WR27. Submission deadline is Oct. 5, 2026. Also, AI disclosure requested and "papers may be reviewed by AI detection, whose feedback will be instructive but not determinative." September 8, 2026 Michael Froomkin
- For a chilling analysis of where we stand see Professor Kim Lane Scheppele on "What is a Constitutional Crisis?". And that was almost a year ago! www.youtube.com/watch?v=g-8A... September 8, 2026 Michael Froomkin
- @miamilawschool.bsky.social does a feature on @jotwell.bsky.social, "Jotwell: the journal legal scholars turn to for research that matters" news.miami.edu/law/stories/... September 8, 2026 Michael Froomkin
- Private right of action (in court) vs government-must-initiate enforcement (before court or via agency). So the difference from the econ or polisci dichotomy is less than it may seem? September 8, 2026 Michael Froomkin
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Monthly Archives: October 2023
Happy Halloween!
Posted in Uncategorized
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A Superb Amicus Brief on a Major Issue
In Moore v. United States, the Supreme Court is set to hear a challenge to a tax on an unrealized financial gain. The core of the challenge is that the tax exceed Congress’s power under the 16th Amendment, which gave it the power to levy direct taxes, such as per-person income taxes. Lurking not far in the background of this dispute is the issue of whether a hypothetical wealth tax would even be constitutional.
Professors Vikram Amar and Akhil Amar have submitted one of the best amicus briefs I’ve ever read. Written with some pizazz, it argues that the case is being fought on the wrong grounds. The 16th Amendment has nothing to do with this dispute, they argue, because the tax on unrealized gains is not a direct tax at all, as the term was originally understood, and as construed unanimously by the Supreme Court in Hylton v. United States, 3 U.S. (3 Dall.) 171 (1796). (Spotted via Balkanization.)
Posted in Law: Constitutional Law
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Evil Leads in Race vs. Crazy But Paralysis Still in First Place
It seems a narrow majority of the House GOP conference has plumped for ultra-rightist but somewhat establishment Rep. Steve Scalise over ultra-rightist bomb-thrower Rep. Jim Jordan as its choice for Speaker of the House–an office the Washington Post recently called ‘the worst job in Washington’.
But it also seems as though there currently are enough House GOP rebels to prevent Scalise from having the necessary 217 votes to get elected over Democratic opposition. So we remain in a state of paralysis while Gaza burns and Ukraine hangs in the wind. The chances that Scalise would cut a deal with Democrats to get elected, pass a budget, seem remote.
When looking for culprits for this state of affairs, in addition to the obvious do not forget the American campaign finance system, which allows unlimited dark money in federal campaigns, and the increasingly gerrymandered districts in so many states in which partisan majorities work to create as many safe seats as they can. If fewer districts are competitive, there is no incentive to tack to the center, nor to work with the opposition. Indeed, any sign of cooperation becomes a dangerous trait, as it leads to primary opponents.
Posted in Politics, Politics: The Party of Sleaze
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