Author Archives: Michael Froomkin

A Vote for Unreviewable Injustice

The Senate did a bad thing yesterday, voting for the so-called Graham Amendment, 49-42 (with McCain voting for it), which would eliminate the statutory right of habeas corpus for alien detainees held by the Department of Defense at Guantanamo. The point of this amendment is to undermine the Supreme Court’s June 2004 decision in Rasul v. Bush.

For an explanation of the issues see Marty Lederman at SCOTUS Blog and then see Steve Vladeck for the advanced course in the horrible and complex federal courts and constitutional law implications.

Amazingly, the proposal has a (tentative) academic supporter, Julian Ku, at Opinio Juris.

Posted in Guantanamo, Law: Constitutional Law | 5 Comments

I Laughed! I Cried!

Yesterday, a student told me a very funny joke that he made up:

What’s the difference between an onion and the Bill of Rights?

Answer below…

Continue reading

Posted in Completely Different | 5 Comments

Things Change

Al Brophy, guesting at Concurring Opinions has a great post contrasting 1950s and 2000s Conservatism, with special reference to feminism.

Posted in Blogs | Comments Off on Things Change

US Admits White Phosphorus Use In Fallujah

It was a year ago. Fallujah had become a battleground, many — but by no means all — residents had left; a substantial number were cowering in their homes or other buildings. The fighters opposing the US were mounting a stiff resistance.

It appears that the US has admitted that faced with this situation, it used white phosphorus. “We used it for screening missions at two breeches and, later in the fight, as a potent psychological weapon against the insurgents in trench lines and spider holes when we could not get effects on them with HE. We fired ‘shake and bake’ missions at the insurgents, using WP to flush them out and HE to take them out.” If, as appears to be the case, they were used in artillery rounds, this spreads the stuff over a wide area. It lands on the skin of everyone within range. And it’s now alleged that children in the area had their skin melted/burned off.

See Daily Kos: Melting the Skin Off of Children [GRAPHIC] for details. Like the commentator at Daily Kos says, the US obviously doesn’t consider melting the skin off children to be a military or political goal; the problem is that the US failed to make NOT melting the skin off children and other civilians a greater priority.

If George Bush is going to continue his policy of sending troops into hostile urban areas, it is almost inevitable that the troops will either suffer more casualties, or kill/maim more civilians (or fail in their mission). Take away an effecitve weapon because it is so horrible in its effects on civilians — and there are times when one must — you risk getting more troops shot. These are stark choices, tragic choices — and thus yet again call into further question the wisdom of the entire enterprise.

And what are the conditions in Fallujah today? Were they improved by the US military foray? Was all that sacrifice — civilian and military — of any value? Did it even rise to the level of a ‘famous victory’?

Continue reading

Posted in Iraq | 3 Comments

Ralph Reed At UM Tomorrow (Updated)

I probably won’t be able to make this one, and if I did I’m not sure I could keep down my lunch while listening to a lecture on “Values and Politics” from Ralph Reed — the guy who orchestrated the campaign painting Max Cleland — of all people! — as anti-American…but if I did, what should I ask him?

Ralph Reed, who chaired the Georgia Republican Party in 2002, has worked on seven presidential campaigns, and served as chairman of the Southeast Region for Bush-Cheney ’04, will lecture on “Values and Politics in America” as part of the University’s President’s Lecture Series on Thursday, November 10, at 6:30 p.m. at the School of Business Administration’s Storer Auditorium.Thursday, November 10 6:30 p.m. Storer Auditorium. Open to the UM Community.

Actually, if I had the chance, the event I’d like to crash is this one:

Media Advisory for Thursday, November 10, 2005

The University of Miami invites members of the media to a lecture and interview opportunity with Ralph reed at 5:30 P.M.

Update: Oooh, Reed is apparently deeply involved in the Abramoff Indian Gambling Scandal. What a good choice of a person to have to lecture students on “Values and Politics”.

2nd Update: You don’t suppose we are paying him, do you?

Posted in U.Miami | 3 Comments

‘Snowclone’ Has Melted?

A little while ago I noticed a Wikipedia entry for a cute neologism, “Snowclone”, which was defined as something like, “the some-assembly-required adaptable cliché frames for lazy journalists” or “cliches that exist as templates, i.e. 'an X shade of Y' or 'X is the new Y'”

The primal snowclone appears to be “If Eskimos have N words for snow, X surely have Y words for Z.”

Wikipedia used to have a cute entry for these, but to my shock it is no more. Go to the entry for Snowclone, and not only has the entry been deleted, but it has been replaced with a note saying “This page has been deleted, and should not be re-created without a good reason.”

Well, ok, I can always go back to the page history and at least copy the cute definition and examples, right? Wrong. Where I would expect to find the old versions, I find instead a stern note: “This article has been deleted. The reason for deletion is shown in the summary below, along with details of the users who had edited this page before deletion. The actual text of these deleted revisions is only available to administrators.”

Apparently, while I wasn't looking “This article was successfully voted to death on VFD early this month.”

Snowclone melted. But I'm sure it will be back.

Meanwhile, get your snowclone links while they're…still hot.

Posted in Internet | 4 Comments