Author Archives: Michael Froomkin

I Need a Case Citing Application

I need a Firefox plug-in that would let me right-click on a case citation to a federal reporter or a state reporter citation and would return the URL to a copy of that case online somewhere other than pay sites like Westlaw.

This media neutral citations tool at Inchoate is cute….but that's not enough!

Posted in Software | Comments Off on I Need a Case Citing Application

How to Deal With This Classroom Situation

I have an odd teaching etiquette question. But first, some background.

I am teaching Administrative Law at 8:00 am three days a week. It's the first time I've ever taught at 8:00 since I'm not naturally a morning kind of a guy. More nocturnal, if anything. I didn't even take 9am classes in college or law school if I could possibly avoid it. But in order to get the kids off to school we have to be up by 6:15 anyway, so it seemed like a good idea at the time.

And it turns out I like it. The 50-person class is surprisingly lively at that hour, and the class doesn't break up my day as much.

But an early morning meeting time also seems to have created an increased potential for a new classroom situation that I am not entirely sure how to deal with. Yesterday, a student actually fell asleep in my class. In the front row.

Dull as I may be (and it would have to be me — Administrative Law is a delightful and interesting subject), I'm pretty sure that this has never happened before in 13 years of teaching. Never? Well, hardly ever—there was that one time when they had a big free beer bash in the quad just before my 6:30pm class, and one of the night students whose day job was construction had about four too many, and, well, never mind. (He was very apologetic the next day.)

So, what is the etiquette when a student just slides quietly into Nod? If he had been snoring, I'd have had to do something, but he was quite a tidy slumper, so this time I did nothing..

The whole incident reminds me, albeit somewhat uncomfortably, of a story that was popular when I was a law student at Yale. Myres McDougal, the great international lawyer, was emeritus by the time I got there, but his v e r y slow southern drawl was as distinctive as ever. The story was that when, as a young man, he had taught at Columbia, they had given him a lecture room with a ground floor and a balcony. Supposedly, one of the Columbia students fell asleep in the front row of the balcony. McDougal looked as his seating chart, called on the student next to the sleeper and asked him to please waken his colleague.

The student supposedly responded, “You put him to sleep, you wake him up.”

Well, should I?

Posted in U.Miami | 29 Comments

Some Election!

First Draft – Deomocrazy reports that a full five — count them, five! — days before the election, the Iraqi voters get to know who the candidates are! Such great democracy.

In a few days, they'll even get to know where some of the polling places are! (I am not making this up—many voters, except of course for those in the three provinces where we aren't bothering with elections at all, will be eligible to learn where the polling places are on election day.)

And no cars, just in case you wanted a ride to the polls.

And we closed down a major opposition newspaper months ago. And are enforcing Saddam's anti-union laws.

And… oh, what's the point?

Posted in Iraq | 5 Comments

It Was 60 Years Ago Today…

C.E. Petit, he of the luridly designed but very interesting “Scrivener's Error”, notes an important and under-reported anniversary.

Posted in Blogs | Comments Off on It Was 60 Years Ago Today…

Blogware Obsolescence Creeps Up

Six Apart released a patch to MT 2.661 and 3.x that fixes a hole which would allow evildoers to send email to third parties. Unfortunately, the patch is not promised to be compatible with lower versions, such as 2.64 which is what I'm running. I purposefully didn't upgrade to 2.66x because I didn't like some of the new improved features. And I didn't go to 3.x because some of my favorite plugins won't work there and it would require some redesign of the site, which would take time.

But it's increasingly clear that I'm reaching the end of the line. Sooner or later I have to either go to 3.x, which is hard, or to WordPress, which will be a very very hard conversion, especially for the archived posts.

I have other things to do.

Meanwhile, I've loaded up the patch despite the lack of warranty. Please drop me a note if something seems weirder than usual.

Posted in Discourse.net | 5 Comments

The Evidence of Systematic Widespread Torture Is Growing: More Tales of Abuses In Iraq

Neil Lewis reports that A.C.L.U. Presents Accusations of Serious Abuse of Iraqi Civilians. But this isn't about the Abu Ghraib:

The new accusations generally concern the behavior of American Special Forces, as opposed to prison guards or interrogators, who have been accused at Abu Ghraib.

Rather, it's yet another sign of a pattern and practice.

The American Civil Liberties Union released documents on Monday describing complaints of serious abuse of Iraqi civilians, including reports of electric shocks and forced sodomy, and accused the military of not thoroughly investigating the cases.

The documents list dozens of allegations of abuse at American detention centers – the use of cigarettes to burn prisoners, aggressive dogs, electric shocks, sexual humiliation and beatings – that began at about the same time such acts were occurring at Abu Ghraib prison.

But it is not always clear whether every case described is a new incident.

Based only on the public evidence to date, how much is the ordinary carnage and inhumanity of war, and how much is something that trickled down from above, may be hard to say in a way that would satisfy the 'beyond a reasonable doubt' standard. But there seems to be the makings of at the very least a very strong case that is more than circumstantial. If a prosecutor were to tackle this with the aggressiveness with which we pursue Mafia cases, I think we'd see something. But there's no sign yet of any desire to go after general officers, or even mid-level officers, much less ranking civilians.

Posted in Iraq Atrocities | 2 Comments