Author Archives: Michael Froomkin

Edmund S. Morgan, 97

Yale historian Edmund S. Morgan died yesterday. He was one of the leading historians of US colonial and revolutionary history — and also one of the greatest teachers in a great college. I not only got to listen to his lectures as an undergraduate, I got to listen to them again a few years later (with several quite changed) during my year as a Teaching Assistant for him while in law school. Listening to him recreate the sometimes quite alien perspective of figures ranging from Cotton Mather to George Washington was often the high point of the day. And his final part of his final lecture of the year was personal, and included a call to be sensitive to the injustices of the moment. The example has emboldened me, more than once, to be similarly personal at the end of a semester.

As a supervisor of his TAs Morgan was unfailingly gentle; he trusted our judgment more than I thought I, a rank beginner as a teacher, deserved.

Edmund Morgan was the author of several very scholarly and yet highly readable books that taught two generations about our history. He was also (as I later discovered) the author of the colonial/revolutionary section of one of the leading high school US history text books. That part of the text was, when I came as a parent to read it many years after college, a wonder: so concise, so pared down, so optimized for the capacities of its readers, and yet still rich. Even its generalizations were carefully crafted to be faithful to the twists and turns of more specialist knowledge. Long after Morgan retired officially to Sterling Emeritus status he kept writing books, and also important essays for the New York Review of Books. And he set up a wood shop in his basement.

Ed Morgan did not think law school was perhaps the best way for a person to spend his time. His father had been a major Evidence scholar, and being around law faculty had not given this otherwise sweet and charming human much liking for the subject, or I suspect the breed. He treated my interest in law as bemusing, but we usually avoided the topic.

One of my Ed Morgan anecdotes is pure hearsay, but I have it from a a History graduate student who claimed to have witnessed it regularly: Ed Morgan, she told me, was a great fan of Yale Hockey, and could regularly be seen cheering the Yale team as players delivered a particularly vicious hit on the opposing team. It was hard to imagine the elfin, gentle man, the giver of meticulously prepared eloquent lectures, roaring at a hockey game. But people, as Edmund Morgan taught us over and over, are complicated, and only if you take them as you find them can you hope to understand.

Posted in Personal | Comments Off on Edmund S. Morgan, 97

An Appropriate Petition

Rename the 10+ Military Bases Named After Confederate Generals

The White House’s online petition site was a good idea in principle, but it hasn’t amounted to much since the replies to petitions the Administration doesn’t intend to accept have so often turned out to be the usual mealy-mouthed mush you get from a political press office. They have not, in key cases, met the more demanding tests one would apply under the Administrative Procedures Act if an agency were required to respond to public comments. Even so, the whitehouse.gov petition site is still good for symbolic issues, and what could be more symbolic than the names of military bases?

Rename the 10+ Military Bases Named After Confederate Generals

Today we have over 10 US military bases named for generals of the Confederate States of America.

For example, Fort Polk is named after a plantation master of several hundred slaves. Fort Pickett’s namesake was accused of war crimes in executing 22 Union prisoners.

Forts Benning, Bragg, Polk, A.P. Hill, Rucker, Beauregard, Lee, Hood all carry similar tales.

When these bases were built, during the World Wars, it may have made sense to name them after local heroes. Now, with over 20% of our forces African-American why do we insult them by asking them to serve at a base named after defenders of slavery WHO KILLED AMERICAN TROOPS?

Would we have a Goering Air Base or Camp Cornwallis?

There are so many honorable people who upheld our American ideals, can’t we find 10 to honor?

Created: Jul 06, 2013

The petition needs 100,000 signatures in order to force the White House to reply with an explanation as to why it won’t do it. Sign here. I was #34, so there’s a long way to go.

More background at Political Animal, Sign the Petition–Retire General Hood!.

Posted in Politics: US | 14 Comments

Third Amendment Litigation

Despite the complacency reported by America’s Finest News Source in Third Amendment Rights Group Celebrates Another Successful Year, the fact is that there a genuine — if perhaps somewhat unlikely to succeed — Real Live Third Amendment Case recently filed in Nevada.

The facts alleged are pretty shocking; whether they make out a Third Amendment claim (and indeed whether the Third is applicable against state governments) remains a problem to delight law professors.

Posted in Law: Constitutional Law | Comments Off on Third Amendment Litigation

A Grim Top 10 List

Juan Cole’s Top Ten American Steps toward a Police State.

The amazing thing is that the war on photography didn’t even make the list, and it’s hard to see which item it should have displaced.

Posted in Civil Liberties | Comments Off on A Grim Top 10 List

Good Work

If you want to see what an absolutely first-class appellate brief looks like, look no further than Petitioner’s Brief in U.S. v. Auernheimer, authored by Tor Ekeland and Mark Jaffe, Hanni Fakhoury of the EFF, Marcia Hofmann (ex-EFF, now in private practice) and Orin Kerr (GWU Law).

If I’m ever convicted of reading and copying stuff off an unprotected web page, I want these guys as my lawyers.

And, yes, that’s the essence of the felony conviction being appealed:

The government charged Auernheimer with felony computer hacking under the Computer Fraud and Abuse Act (“CFAA”) for visiting an unprotected AT&T website and collecting e-mail addresses that AT&T had posted on the World Wide Web. The government also charged Auernheimer with identity theft for sharing those addresses with a reporter.

Auernheimer’s convictions must be overturned on multiple and independent grounds. First, Auernheimer’s conviction on Count 1 must be overturned because visiting a publicly available website is not unauthorized access under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030(a)(2)(C). AT&T chose not to employ passwords or any other protective measures to control access to the e-mail addresses of its customers. It is irrelevant that AT&T subjectively wished that outsiders would not stumble across the data or that Auernheimer hyperbolically characterized the access as a “theft.” The company configured its servers to make the information available to everyone and thereby authorized the general public to view the information. Accessing the e – mail addresses through AT&T’s public website was authorized under the CFAA and therefore was not a crime.

Incredible.

Disclosure: I’m on the EFF Advisory Board, but have no connection to the case other than liking those of the lawyers I know.

Update (7/2/13): Here’s EFF’s official announcement, Appeal Filed to Free Andrew ‘Weev’ Auernheimer.

Posted in Law: Criminal Law, Law: Internet Law | Tagged | 1 Comment

Revolutions Occur In Periods of Rising Expectations

More evidence for Crane Brinton’s thesis that revolutions tend to occur in periods of rising (but frustrated) expectations.

Juan Cole: Biggest Demonstrations in Egyptian History: Millions Demand President Morsi Step Down.

Previously: Guy Fawkes Day Musings (November 5, 2007).

Posted in Politics: International | Comments Off on Revolutions Occur In Periods of Rising Expectations