Author Archives: Michael Froomkin

Why Lawyers Fear Minks

You can be fairly confident that the animal rights activist who released thousands of minks and thus disaster — see The Fur Flies and Crawls and Bites — was not a lawyer. Just about every law student learns from Foster vs Preston Mill Co, 268 P.2d 645 (Wa. 1954), that minks eat their young when upset.

The Foster case's facts are at least as strange as the Washington Post article. The defendant was blasting to clear some land two+ miles away from a mink farm. The noise upset the minks, they started eating their young, plaintiff lost a bundle. The court held that because blasting is an ultrahazardous activity, the defendant was strictly liable for whatever harms it caused, however weird and unpredictable they might be. Once the class was duly outraged, our Torts professor managed to suggest that this is a predictable behavior among minks, so the issue is who has a duty to find out what local conditions are (how predictable are mink farms?), and it got more convoluted from there.

No one having had the experience of Foster, however, would be likely to turn minks loose on the world. But I've always thought it might be fun to teach Torts.

Continue reading

Posted in Completely Different, Law School | 3 Comments

Eric Muller Designs A Bumper Sticker

Eric Muller is a man of many talents. One of them appears to be bumper sticker design.

Posted in Law School | Comments Off on Eric Muller Designs A Bumper Sticker

“What a powerful tool an irony-free mind can be”

Michael Kinsley nails it in Why Bush Angers Liberals. My main puzzlement is, what makes Kinsley think only liberals think like this? Or, if he's right, why do only liberals think like this?

Posted in Politics: US | Comments Off on “What a powerful tool an irony-free mind can be”

The World Needed This

If you have no interest in learning better Linux or Perl, skip this. If you are a Linux or Perl Deity, skip this. If, like me, you want to improve your basic Linux and pidgin Pearl to, say, halting fluency, help is a download away. Get the The Regex Coach – interactive regular expressions. Download it, and rejoice to live in a world in which people just make free useful goodies available for the rest of us.

Posted in Software | 2 Comments

Resolution 1151: A Famous Victory or an Infamous One?

The Washington Post is suggesting that the passage of Security Council Resolution 1511 is not a major victory for the Bush administration as “a range of analysts said the final vote, while far better than a withdrawal or a resolution approved with numerous abstentions, is too weak to be considered much of a victory.”

Not so fast. At first glance, Resolution 1511 is a very big win for US contractors seeking to profiteer from the Iraqi reconstruction — and those firms will no doubt make their gratitude felt to the Administration in a tangible way.

Continue reading

Posted in Law: International Law | Comments Off on Resolution 1151: A Famous Victory or an Infamous One?

U.Miami Plans to Raise $1 Billion

It's official. U.M. President Donna Shalala has unveiled the great fundraising campaign for the University of Miami, code-named Momentum. And the goal is not small—a cool $1 billion by mid-2007, although I think this sum includes donations to things like scholarships as well as gifts to capital.

Actually, like most university capital campaigns, it began before it began, and we now have more than half donated or pledged.

Unfortunately for me, it looks as if the medical school will not just get the lion's share, but a couple dozen other shares too. The law school's share in all this is, well, quite small in the grand scheme of things, and less than double what is to be earmarked for ROTC.

Posted in U.Miami | Comments Off on U.Miami Plans to Raise $1 Billion