Author Archives: Michael Froomkin

Some Utterly Tactical Tax Policy Advice for Dr. Dean

The Dean campaign now faces its moment of truth as to whether to continue on the path that it began, or shift into a traditional campaign. Oddly the tax issue seems to be the possible Rubicon. Here's a four-point plan to regain the initiative on the issue.

Note: what follows is a purely tactical analysis. I make no claim in what follows as to the substantive validity of the tax policies discussed.

Almost every 'insurgent' political campaign that has hit it big in the past 50 years has gotten cold feet and gotten so cautious and mainstream that it alienated part of its base without getting much traction with swing voters. This certainly happened to the John Anderson campaign and the McCain campaign. It famously didn't happen to Goldwater or McGovern, which is why it keeps happening since then.

Personally, I think that while shifts to the center are ok, obvious pandering ones are not. Thus, any move has to be stage managed very carefully, or it ends up costing you more than you get.

The justly praised New Yorker profile of Dr. Dean suggested that Joe Trippi at least understands (understood?) this:

Last summer, Joe Trippi told U.S. News & World Report that he had given Dean a curious piece of advice: “I tell him the only way he can win is to believe in his heart he cannot win. We’ve got to act like we have nothing to lose.” That, as they say, was then. When I asked Dean, in mid-October, whether he still subscribed to the Trippi wisdom, he replied, “In part. I think the problem with the Democratic Party in general is that they’ve been so afraid to lose they’re willing to say whatever it takes it to win. And once you’re willing to say whatever it takes to win, you lose—because the American people are much smarter than folks in Washington think they are. Do I still believe it? I think you have to be ready to move forward and not just try to hold on to what you’ve got. I truly believe that if you’re not moving forward you’re moving backwards in life. There’s no such thing as neutral.”

But compare that line to the distilled conventional wisdom chatter in today's The Note [unstable link!]:

The Boston Globe's Glen Johnson and Michael Kranish elucidate the apparently evolving nature of Dean's thoughts on tax cuts. LINK

“Rival campaigns seized on the statements by Dean and his aides as evidence that he is 'flip-flopping' on his tax plans. They also said it is inconsistent with his relentless criticism of them for wanting to retain the middle-class elements of the Bush administration tax cuts. But Dean aides defended the evolving policy.”

“The governor has always said that he is going to offer a tax plan that is fair and simple for working families. He's never ruled out a middle-class tax cut. The plan is not complete yet,' Dean campaign spokesman Douglass Thornell said as Dean and his entourage flew back to Vermont from Iowa.”

Los Angeles Times' Matea Gold reports that the potential shift (or alleged shift) comes “as he has fielded criticism from some of his rivals for wanting to roll back the entire $1.7-trillion Bush tax cut package, a move opponents say would burden working people.” LINK

In a story about Dems and tax cuts, The New York Times ' Robin Toner Notes Dean's “sudden scrambling” on the issue. LINK

That doesn't sound so good.

So, here's my four-point plan as to what to do and how to spin it.

Continue reading

Posted in Politics: US | 4 Comments

Does Blogging Count as Academic Work?

Stephen Bainbridge's somewhat tongue in check suggestion that if his blog is being cited in high-class law journals maybe he should get institutional credit for blogging gets taken somewhat seriously by one law dean.

Boy do I have mixed feelings about this. On the one hand, I think a smart Law Dean (or any academic administrator) should encourage blogging by folks who will raise an institution's profile as part of a general strategy of institutional advancement. I proposed just that to our Dean some time ago, but other than generously offering to pay my hosting costs (an offer I declined so that I could also use the host in good conscience for various personal and family projects), and telling the faculty in a memo that if anyone else wants a blog the school would pick up the tab, the idea didn't go far in the law school; fortunately the University will be rolling out blogs for everyone Real Soon Now. While I could see a very enlightened Dean counting blogging as a form of community service, I wouldn't expect that to be very common. That said, there are a few blogs — Larry Solum's extraordinary efforts come immediately to mind even without prompting — that probably should count in other columns too.

On the other hand, while if pressed I would claim that my running ICANNWatch is a form of community service, I wouldn't make that claim for the more self-indulgent, mostly half-baked, musings and agitprop here. Plus, I'd feel odd asking for credit for another one of my hobbies. I already made my hobby my job by becoming an Internet lawyer. Besides, I'm already having too much fun on my job to make this part of it.

Posted in Blogs, Law School | Comments Off on Does Blogging Count as Academic Work?

Quoting Blogs

Over at En Banc, a nice law-student-run blog, the authors are getting worked up about the idea that someone, perish the thought, might cite to a blog, which is ephemeral, off-the-cuff, and perhaps not quite as carefully thought out as the better student note. I can sort of see where some of this comes from, as I recall that part of law school pathology is the feeling that takes hold that citations are sacred, special, eternal. (The limits to that particular fetish become clearer in academe when you start trying to find stuff other people have cited, and it's not there; when you find that law review editors have mangled your footnotes; and particularly when you find an entire paragraph of your writing, sans attribution, in someone else's published article. But I digress.)

But whatever you may think this reflects about law student views of footnotes, this seems to reflect a very odd view of blogs, at least as compared to other web content. So, to the suggestion that there was something odd, revolutionary or disturbing about citing to a blog in a dead tree law review, I responded,

Those of us who write about high-tech stuff have been citing web pages in dead tree law journals — including both Harvard's and Yale's — for years now.

To me, a blog is just another web page.

That produced this reply:

Prof. Froomkin, I do, however, find it very interesting that you find there to be no difference between a blog and a Web page. Web pages are generally static or — such as in the case of newspapers — reproductions of off-line material. Blogs, on the other hand, are the wholesale creation of new material.

And that made me feel old. Web pages are generally static! Web pages are the reproduction of off-line material! Blogs are not web pages?!?

I'm sorry, but under the hood, it's all HTML to me. A blog is just a style of web page, produced by particular types of front-end tools. [Yes, there is a link rot problem, but that's common to blogs and other web pages.] Back in the day, I used to mutate my homepage all the time. By hand-coding the HTML. On a 386 chip. Over a slow phone line. To an unresponsive server. Barefoot. In the snow. But tell the young people of today that ….. they won't believe you.

Posted in Blogs | 6 Comments

Harsh Words About the National Reconnaissance Agency (2002)

OK, this is hardly breaking news, but it was new to me. I thought that hiding a billion dollars or so to build themselves a marble-plated office building showed bureaucratic smarts; misplacing a couple of billion on the other hand, didn't sound so smart. To hear Dave Thompson, President & CEO, Spectrum Astro tell it at the Space Technology Hall of Fame Dinner in 2002, the National Reconnaissance Agency (NRO), had “posted a sorry decline into mediocrity and aristocracy.”

Among the charges: its satellites cost more and are technologically inferior to other agencies'. They fail too often. The agency makes choices poorly, favoring friendly contractors. And the NRO has no desire to change, or to innovate to help catch Al Qaeda. (Good news for 'Ossama bin Forgotten'?)

the NRO's procurement policy could be better described in three steps. I call this the policy of the smoked filled room. Step one – get all of the graybeards into the smoke filled room. Step two – close the door. Step three – pick the club member contractor who sucked up best.

As a result the “NRO is actually moving backwards, getting less capability and fielding less capable technology for the future. You know the NRO's real slogan should be “Buying Yesterday's Technology at Tomorrow’s Prices.”

And it gets worse:

Continue reading

Posted in Politics: US | Comments Off on Harsh Words About the National Reconnaissance Agency (2002)

Lynn Nofziger Has A Blog

Lyn Nofziger, the bare-knuckle Ronald Reagan pol, has a blog, Musings.

It's a weird combo of first-class tactical political insight (aka “stuff I agree is correct”), generally bad poetry (under the name Joy Skilmer), and stupid and only sometimes funny gags, all spiced with gratuitous, mean, and sometimes vicious hatred and anti-democratic and anti-liberal bigotry.

Until Karl Rove gets a blog, this may be the best insight into the canny Republican political operative's mind we are likely to get, although Nofziger, being an ideologically pure libertarian (on economic issues only; on social issues, especially gay rights, he's pretty much a grumpy troglodyte), is a very unhappy Republican these days.

Here's how Nofziger describes himself on his homepage

I'm Lyn Nofziger and this is my website. If you're looking for a female exhibitionist with a digital camera you've come to the wrong place.

On the other hand, if you want some conservative opinion laced with exasperation, an occasional limerick or other piece of doggerel, or are interested in the books I have written you're in the right place. All you have to do is click on “Musings.”

The odds are you've never heard of me, which is all right because I've probably never heard of you either, so let me tell you a little bit about myself. (If you want to know more you can always go to your favorite book store and order my political memoir—it is not a biography—which is called “NOFZIGER.” If you want to know less, stop now.)

I am a Californian, a World War II army veteran, a former newspaperman, a politician and the author of four—going on five—Western novels. I make an occasional political speech, write an occasional political column or op ed piece and complain a lot. If you visit this page from time to time you will be able to see what I complain about.

In more detail, I spent 16 years as a newspaperman, including eight as a Washington Correspondent for the Copley Newspapers of California and Illinois.

I served in Ronald Reagan's governor's office and White House and in Richard Nixon's White House. I have run and participated in numerous political campaigns, including five for president, and have won some and lost some. Once I even worked at the Republican National Committee.

I am a Republican because I believe that freedom is more important than government-provided security. Sometimes I wish I were a Democrat because Democrats seem to have more fun. At other times I wish I were a Libertarian because Republicans are too much like Democrats.

What I actually am is a right-wing independent who is registered Republican because there isn't any place else to go. In the future I expect to be critical of both parties and their leadership and a lot of other people and things, too.

Continue reading

Posted in Blogs | Comments Off on Lynn Nofziger Has A Blog

Club For Growth “Dean Tax Calculator”

Here's a cute use of the Internet by anti-Dean forces: the Club for Growth, the folks with what sounds like a bizzaro anti-Dean TV commercial have a web site with a Dean Tax Calculator which purports to estimate, as they so sweetly put it “how much hard-earned money Howard Dean wants to steal from you.”

Dean may have stolen a march on the use of the net, but this Presidential campaign may work on Internet time….

Posted in Politics: US | 1 Comment