Author Archives: Michael Froomkin

UM President Donna Shalala Scores a Touchdown

It's fun having a University President who does good stuff:

Men-only Policy Brings Scrutiny to Booster Club—When Natalie Lemos applied for membership to the Miami Touchdown Club, a bastion of football worship, the mother of four, family lawyer and Hurricanes football fan was told no.

You're a woman, the club said. No women allowed.

Lemos fired off a furious letter to University of Miami President Donna Shalala, noting that the club sponsors UM's annual awards banquet.

Shalala's response? The former Clinton Cabinet member said she, too, would apply to join the club.

Turns out the Touchdown Club may be changing its game plan.

She scores!

Posted in U.Miami | Comments Off on UM President Donna Shalala Scores a Touchdown

Hostage to Fortune: 2006 Election Forecast

Live dangerously: I predict the GOP will do badly in the 2006 federal elections. The signs are there.

Unfortunately, this doesn't have obvious implications for the 2008 elections. I don't think Hilary Clinton would be a good candidate, in part because I don't think she'd be a good President. And so much depends on who the nominee is.

Posted in Politics: US: 2006 Election | 14 Comments

Balkin on Gonzales

Jack Balkin considers the Gonzales nomination. A taste:

But however fine a fellow he is, he has done something that is, in my mind, inexcusable. He commissioned and put his name on a series of despicable legal memos that justified torture and prisoner abuse and that tried to avoid America's obligations under international law. In ordinary times, this would in itself be disqualifying. But, alas, these are not ordinary times.

It is time for those who think the Bush Administration has gone too far to stand up to the President, to make the legal case against his Administration's policies and appointments. For years conservatives railed against judicial activism. It is time for liberals to start railing against government officials— including judges— who show disrespect for basic Rule of Law values, who flout basic protections of American constitutional law and international human rights law, and who seek to concentate ever greater power in an unaccountable executive.

Even if (and especially if) Gonzales is confirmed, it is vitally important to make these points loudly and often. Liberals must stand for something other than the correctness of Roe v. Wade.

Posted in Law: Ethics | 4 Comments

Adventures in Consuming: BellSouth DSL

This past week my DSL service degraded to the point that it felt like dialup. This happens from time to time, but never this bad, and it usually fixes itself. But this time it didn't.

So I called tech support. This led to a nasty two hours during which I had conversations with three clueless people, and one with a bit of a clue who still couldn't help me. The first guy seemed to be in an Indian call center, and read from scripts. While he purportedly ran various tests I spent a total of about an hour on hold, although never more than 10 minutes at a time (and even those were interrupted every 3 minutes by reassurances that they were working on it — ie. no way to concentrate on anything else). Over the course of this delightful interlude I was told at least three things that were patently false (including the suggestion that the reason my download speeds were measurably rotten must be due to my using “unsupported software” ie Firefox!).

The call center guy eventually got rid of me by transferring me to sales — maybe I should order faster service? The sales droid said my account was locked and they couldn't alter it, let me transfer you to customer service.

Customer service said that my records showed I had “Lite” service even though I was paying for “Ultra” (i.e. regular). For a minute I thought we had identified the problem, but no, after further investigation it seems Bell South believed it was delivering the “Ultra” service I was paying for … although the download speed was below what they advertise for “Lite”. And no, there's no way to guarantee that if I paid the Danegeld to upgrade to “Xtreme” it would solve my problem.

So it was back to tech support. This time I got a friendly and sensible fellow named Brent based in Shreveport. Brent also had his scripts, but had the sense to know which steps to skip in light of what I'd told him. So we spent 30 minutes trying things and nothing worked. But he was real nice about it.

Bottom line: after the ordeal, all I had to show for it was an appointment to talk with Level 2 tech support this morning.

The level 2 guy fixed it in ten minutes by resetting a port.

Posted in Shopping | 2 Comments

WTO Says US Prohibition of Online Gambling Violates GATS

JURIST reports

The WTO sided with the island nation of Antigua and Barbuda, ruling that US legislation that criminalizes online gambling is in violation of global trade law. In a 287-page report released Wednesday, the WTO concluded that the US inconsistently applied gaming law so as to prejudice foreign countries, in violation of the General Agreement on Trade in Services (GATS).

I guess I have to read it now. And GATS.

Posted in Law: International Law, Law: Internet Law | 1 Comment

Lest We Forget: Gonzales Appeared to Obstruct Justice in the Plame Affair

Do not forget that Gonzales — nominated to be the nation's top cop — is the guy who when the Plame investigation was bearing down on the White House ensured that the guilty parties had all the time they could want to shred everything incriminating:

Senator Harkin, quoted in the Congressional Record (emphasis added):

Let me give a quick recap of the timeline. It started with the President's deception in his State of the Union Address in January. In his remarks, Mr. Bush stated Iraq tried to buy uranium from Niger. A few months later, in July, former Ambassador Joseph Wilson's op-ed appears in the New York Times, questioning the President's assertion.

Then in order to discredit Wilson and “seek revenge'' on Wilson, senior administration officials leaked to the press the identity of Wilson's wife and the fact she was a CIA operative, thereby undercutting our national security and clearly violating Federal law.

This happened in early July. Let's see what happened since.

On July 24, Senator Schumer calls on the FBI Director to open a criminal investigation into the leak of a CIA operative based on that column.

In late July, the FBI notified Senator Schumer that they had done an inquiry into the CIA.

Then it appears nothing happened for 2 months.

On September 23, the Attorney General says he and CIA Director Tenet sent a memo to the FBI requesting an investigation.

On September 26, the Department of Justice officially launches its investigation.

Interestingly, it took 4 days after that “official'' launch for the Justice Department to call White House Counsel Gonzales and notify him of the official investigation. Gonzalez then asked for an extra day before the Justice Department gave the White House the official notice, which means all documents and records must be preserved.

A recent letter was sent to the President from Senators Daschle, Schumer, Levin, and Biden which also expresses concern about this break from regular procedure.

They wrote:

Every former prosecutor with whom we have spoken has said that the first step in such an investigation would be to ensure all potentially relevant evidence is preserved, yet the Justice Department waited four days before making a formal request for documents.

Interestingly, the letter goes on:

When the Justice Department finally asked the White House to order employees to preserve documents, White House Counsel Alberto Gonzales asked for permission to delay transmitting the order to preserve evidence until morning. The request for a delay was granted. Again, every former prosecutor with whom we have spoken has said that such a delay is a significant departure from standard practice.

That is what has been happening—departure from standard practice.

I am also troubled that the White House Counsel's Office is serving
as “gatekeeper'” for all the documents the Justice Department has requested from the White House. Mr. Gonzales' office said he would not rule out seeking to withhold documents under a claim of executive privilege or national security.

What kind of a zoo is this outfit?

Mr. Gonzales says he can withhold these documents from this investigation on the basis of national security.

Don't care about liberal goo-goo stuff like Geneva conventions and torture? How about outing CIA agents and obstruction of justice?

Posted in Politics: US | 5 Comments