Author Archives: Michael Froomkin

9/11 Panel Seeks More Documents From White House

While popular attention is focused on whether (or, rather, how much) George W. Bush lied to stampede the country into invading Iraq, and blogging elites are comparing notes on the Administration's bald-faced attempts to deny they ever, ever said there were weapons of mass destruction in Iraq, a much less-heralded commission is quietly fighting a bureaucratic war with the Administration. The outcome of that struggle will shape the final report of the National Commission on Terrorist Attacks Upon the United States —AKA the 9/11 commission, which has just issued its second interim report .

As the Washington Post reports, the Administration is stonewalling the 9/11 Commission for all it's worth. It is not at all obvious how this one will play out, and some of the early signs are not good—according to the Post,

The slow pace in acquiring documents and testimony — along with the commission's decision to refrain from issuing findings until it is closer to completing a report — has angered many families of victims of the terrorist attacks. Representatives from one group, the Family Steering Committee, issued a “report card” yesterday awarding the commission a “D” in most areas and urging it to better inform the public.

The 9/11 commission is co-chaired by former representative Lee Hamilton, a man of integrity, so there's still hope for a fair and informative report. One to watch.

Posted in Politics: US | Comments Off on 9/11 Panel Seeks More Documents From White House

Justice Overwhelmed Is Justice Denied

I don't teach Criminal Law. I've never practiced criminal law. But it doesn't take much expertise to suspect that our criminal justice system is disastrously flawed. Stories like this one are, I fear, too routine. The hell of it is, large parts of the system are full of well-meaning people. Not all of them—no system is—but even so. The problems are, I think, systemic more than anything else.

Here in Florida, as in much of the nation, we have a prison-building craze; meanwhile, the United States already leads the world in the percentage of its population behind bars. According the Justice Dept. there were 2,019,234 people incarcerated last April. It's probably more now. And let's not even get into the racial composition of the prison population, or the racial (and electoral) consequences of felony convictions.

The callousness of the justice system is in some part—although how big a part is a nice question—a result of its being overloaded and under-funded. And while throwing more money at the problem might improve the job prospects for graduating law students, something I am generally in favor of, I don't think that there is any chance this state, or this nation, would spend what it would take.

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Posted in Law: Criminal Law | Comments Off on Justice Overwhelmed Is Justice Denied

The Strange Case of the (Mostly) Invisbile Archive – A Movable Type Glitch?

I'm having an odd problem with Movable Type, the great free software that powers this blog. The template that provides the monthly archives is acting up. It works fine in Mozilla—showing me the whole month's worth of stuff—but when I test it in IE (under Windows), it only shows the earliest post for the month. Yet, when I view the source code, the text for the month is all there. It's just not getting shown by the browser. I've downloaded the archive page, and the same thing happens when I view it as a local file. (I suspect I'm having a similar problem with the daily archive but haven't tested as much.)

Anyone out there who can shed light on this?

Update: Thanks to a very helpful reader, it's fixed! It seems I had a bad closing-comment tag, and IE is just fussier about those.

Posted in Movable Type | Comments Off on The Strange Case of the (Mostly) Invisbile Archive – A Movable Type Glitch?

The Entire US is A Free-Speech Zone

I've been waiting for this lawsuit. I cannot conceive of a Constitutional theory that lets pro-Bush demonstrators near the President and restricts anti-Bush demonstrators to far, far away. That's called “viewpoint discrimination” and it's almost always illegal when the government does it (but almost always legal when private citizens do it).

OK. I can conceive of arguments the government might make, including something about relative chances of riots or whatever. I just can't conceive of those arguments standing up in court. What's that? The anti-Bush demonstrators are more likely to be violent or dangerous? You never saw a terrorist pretend to support something?

And calling the waaaay off-site zones to which protestors are relegated a “free speech zone” or a “protest zone” just adds insult to injury.

Posted in Politics: US | 1 Comment

We Have Great Students

It was only a matter of time. Although U.Miami law school does not, as of yet, provide hosting for student bloggers, we have our first student blogger. (At least, the first I know of.) What a joy to find, via the referrer function, schteino.com.

I suppose some professors might find the idea of students commenting about them online to be a little threatening. I'm of the other view: I'm always curious to know what it looks like from the other side of the desk, and while I much prefer bouquets to brickbats, if the only choice is being criticized behind my back or to my face, I'll take it straight on please (as long as it doesn't seem likely to become physical anyway).

None of this is to suggest that Mr. Schteino is complaining or even being particularly personal about anyone. It's early days, as Mr. Schteino is a 1L, but so far—and despite his claim to be a “Cynical 1L Hoping and Dreaming”—he seems like a fairly happy camper.

Posted in U.Miami | 2 Comments

Gotta Love South Florida

The Miami Herald reports that in Miami-Dade it is illegal to own a “dyed or artificially colored rabbit or other animal, baby chicken, duckling or other fowl.” It also tells us that the South Florida building code includes a “structural specifications for rubber contraceptives” that someone “slipped in as a joke” just after the “Methods for deep, quasi-static, cone and friction-cone penetration test of soil.'' The mind boggles.

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