Author Archives: Michael Froomkin

Luttig Lobs Padilla Case Into Supreme Court’s Lap

Judge Luttig authored a canny 4th Circuit opinion today denying the government’s motion to transfer Padilla from durance vile in the brig to durance common in Miami.

Steve Vladeck explains it all to you at PrawfsBlog.

Posted in Civil Liberties | 1 Comment

The first wheel comes off

I have a lot to say about the NSA spy case, but am finding it hard to say properly.

Spy Court Judge Quits In Protest

[U.S. District Judge James] Robertson indicated privately to colleagues in recent conversations that he was concerned that information gained from warrantless NSA surveillance could have then been used to obtain FISA warrants. FISA court Presiding Judge Colleen Kollar-Kotelly, who had been briefed on the spying program by the administration, raised the same concern in 2004 and insisted that the Justice Department certify in writing that it was not occurring.

“They just don’t know if the product of wiretaps were used for FISA warrants — to kind of cleanse the information,” said one source, who spoke on the condition of anonymity because of the classified nature of the FISA warrants. “What I’ve heard some of the judges say is they feel they’ve participated in a Potemkin court.”

Posted in Civil Liberties, Law: Privacy, Politics: The Party of Sleaze | 8 Comments

Union Drive Update

It’s nice to see UM students working to support the campus workers.

Union boostersUniversity of Miami students, better known for cheering sports teams than riling administrators, are putting unprecedented pressure on President Donna Shalala to improve conditions for about 400 janitors who struggle with low wages and no health insurance.

It’s an awkward position for Shalala, a public advocate of universal healthcare coverage when she was secretary of Health and Human Services in the Clinton administration. She is about to make UM, where tuition is $29,000 a year, the first university in Florida to raise $1 billion in a single campaign.

Despite that backdrop of wealth, many men and women who keep the private school’s grounds impeccable work for less than $7 an hour.

I should add, though, that from what I hear, this article in the Herald seriously understates the extent to which the UM administration has sought to prevent students from supporting the union drive. For example, when students were handing out water bottles to picketing workers, the administration accused them of holding an unregistered rally — which was true enough, as they were neither a registered student group, nor had gotten permission to rally — and then subjected the ringleaders to a pretty severe dressing down by senior administrators.

Plus, the Herald’s suggestion that President Shalala, one of nature’s controlling personalities, has a hands-off or even genially supportive attitude to the students strikes me as … unlikely. And the quote from our associate dean (who does speak a bit Californian sometimes), makes her sound unfairly dopey.

Posted in U.Miami | 4 Comments

Dan Froomkin Watch

Dana Milbank, one of the Post’s very best reporters, was pretty funny yesterday in his online chat. He started out with this comment,

Dana Milbank: Good morning. Many of you out there in what my colleague John F. Harris affectionately dubs “the crankosphere” are evidently of the impression that the Washington Post political staff is distracted by internal battles with washingtonpost.com. Nothing could be further from the truth. We have focused this week on the Iraqi elections, in which the Froomkin turnout was much higher than expected. We have closely monitored the White House’s about face on the Froomkin torture amendment. And today, I write from the Senate press gallery, where Froomkins are attempting to filibuster the Patriot Act.

With that, I will be happy to take your Froomkins.

Continue reading

Posted in Dan Froomkin | 4 Comments

Kudos to the Miami-Dade Public Library

I have to praise the Miami-Dade Public Library system. Once I escalated my complaints about their new wireless service they have done almost (but not quite) everything I asked for.

They unblocked digicrime.com from the PC network. They are going to put into place procedures which allow on-the-spot blocking overrides for the laptops they lend out in the library (!). They regret that they don’t see a secure means of providing a similar on-the-spot override for users who bring their own laptops, as they think that would ‘compromise security’.

But most importantly, they’ve unblocked port 22 so I can use ssh! And they were very nice about it, too. (Please, nobody mention some of the things you can do with ssh tunnels, ok?)

I’m impressed.

Posted in Miami | 2 Comments

There Goes Particle Physics

Laura Quilter writes,

derivative work – Nintendo Threatens Cancer Researchers: Sloan-Kettering Cancer Center has apparently received a trademark cease & desist from the Pokémon company (Nintendo) after cancer-related research on the Pokemon gene — which Pandolfi’s lab named four years ago, in 2001 — received headlines like “Pokemon Causes Cancer”. Sloan-Kettering has knuckled under, now calling the gene Zbtb7.

Lots more on this if you follow the link…

I understand why Nintendo were mad, but like Ms. Quilter, I can’t understand why the doctors caved in. If their use was non-commercial it is not banned by the the Lanham Act. Even if it was commercial the claim for confusion is nil. The claim for tarnishment under a dilution theory would I think fail under federal law; unlike Ms. Quilter I do think it’s possible that some state law claim might have had a little more juice…if the court could keep a straight face…although I agree Nintendo would have to be complete idiots to bring the case and face the bad publicity.

What’s next, the estate of James Joyce suing everyone who writes about quarks?

Posted in Law: Trademark Law | 2 Comments