Author Archives: Michael Froomkin

RNC Arrests Supported With Doctored Evidence

After the police smothering of anti-trade-liberalization protests in Miami, and of the anti-GOP protests in New York, it's harder than it used to be to assert that we have a meaningful right to assemble and protest in this country.

Stories like this don't help:

Videos Challenge Accounts of Convention Unrest: For Mr. Kyne and 400 others arrested that week, video recordings provided evidence that they had not committed a crime or that the charges against them could not be proved, according to defense lawyers and prosecutors.

Among them was Alexander Dunlop, who said he was arrested while going to pick up sushi.

Last week, he discovered that there were two versions of the same police tape: the one that was to be used as evidence in his trial had been edited at two spots, removing images that showed Mr. Dunlop behaving peacefully. When a volunteer film archivist found a more complete version of the tape and gave it to Mr. Dunlop's lawyer, prosecutors immediately dropped the charges and said that a technician had cut the material by mistake.

How convenient.

Posted in Civil Liberties | 2 Comments

Brief and to the Point

This motion in Monica Santiago v. Sherwin-Williams Company, posted by Mark A. R. Kleiman, seems too good to be true. And it's funny.

Posted in Law: Everything Else | Comments Off on Brief and to the Point

Trackback Spam Storm

The site is being hammered by trackback spam. A lot of it is coming from about a dozen repeating IP numbers, so I've implemented some site-wide blocking to take the load off MT, which seems to chew up cycles blocking spam. This isn't my forte, so if you find that your access has been blocked when it shouldn't be, please drop me a note.

Oh. Wait. If your access was blocked, you won't be reading this, will you?1 Never mind.


1 Unless you move to a different computer, or get a lease on a new IP number, anyway.

Continue reading

Posted in Discourse.net | 3 Comments

Adlaw Is Fun. Really.

The Blog Formerly Known as “Random Acts of Meanness” discusses course selection in law school:

Registration went OK. Now I'm in 8 a.m. admin law but I think I'm near the top of the waitlist for B.A. at 6:30 p.m. I think both classes will be immensely dull but I will probably take both eventually.

Nooooooooooooooooooooooo!

Administrative Law is not dull. Don't let this atypical incident fool you. Adlaw is complex, and confusing, perhaps frustrating, but endlessly fascinating. It's the only class I've taught continuously since I entered teaching and the only one that never gets boring. Well, Internet Law never gets boring either, but that's because it's a whole new subject every three years.

Administrative Law is applied constitutional law. It's the instantiation of our shared commitment to the almost impossible project of having an executive that both effective and yet controlled. That does what past Congresses commanded, yet adjusts to the times. That has the discretion to act, but not the ability to tyrannize. Nothing this difficult and important could be boring.

Every law student should take Adlaw — even if you have to take it from me. (For more course selection advice see my unofficial advice about course selection in law school.)

Posted in Law School | 9 Comments

Country Names in the DNS

Bret Fausett reports on today's Friday Board Meeting at ICANN, including this item:

ICANN has provisionally reserved (countrynames).jobs and (countrynames).travel pending further review and consideration of a request from the GAC. The issue will go to the GNSO for discussion and possible resolution.

This seems like a good opportunity to plug my article on the legal status of country names in top and second-level domain names: When We Say US™, We Mean It!.

Posted in Law: Internet Law | Comments Off on Country Names in the DNS

Those Shirts Are Looking Mighty Brown, Sir

I have been puzzled and perturbed by the comments on my most recent post in which I quoted from a description of the reception of a polite but hostile questioner at a Coulter speaking event (note that this is ostensibly a lecture, not a brownshirts rally we are talking about) and suggested they sounded proto-fascist.

Here's the key quote:

At the same moment, several Republicans hurled obscenities at my wife, a Navy veteran, and one threatened her with physical violence, stating he would kick her in the head if she didn’t “shut up,” when she was asking Coulter a question.

Hissing questioners you disagree with is, I believe, quite appropriate. Booing I can understand although I think preventing people from being heard usually is an error in judgment. Even screaming “shut up” is tolerable. But threatening to kick you in the head?

Yet my readers – whom I choose to think are likely literate and well-educated – are trying to excuse it. One writes that this comes from both sides of the political aisle and has been happening for years. Rubbish. Another says that complaining about threats of violence is somehow a cheap shot on my part, and suggests that life in the ivory tower has made me forget about the rough-and-tumble of real life. The writer then equates a threat of physical violence with (unnamed) professors being verbally tough on students!

Another commentator says we should not call it “fascist” until “thugs show up”. To which I offer the following deal: how about we'll call battery fascist and mere assault — defined, please recall as “an unlawful threat or attempt to do bodily injury to another” — merely proto-fascist.

Yet another commentator says they were asking for it! (And when the Coulter fans whose rally they were at told them to shut up (did they really find this surprising?), our narrators became offended. That falls squarely into the category of “those who actively seek to be offended will usually be successful.”) Yes, those poor shrinking violets, both military veterans, had their feelings hurt…when someone threatened to kick them in the head.

We are indeed in parlous times when the articulate people — intellectuals — are providing cover for, and thus encouraging the thugs. It's enough to make you think that David Neiwert is on to something when he warns about the ill effects of eliminationist rhetoric and the rise of pseudo-fascism.

Posted in Civil Liberties | 21 Comments