Author Archives: Michael Froomkin

Discuss

David Atkins writes at Hullabaloo

There is a serious culture war at work in the United States. It involves a courageous minority of outraged citizens up against a majority that is either apathetic, or directly defending of the agents of the status quo. That minority suffers the slings and arrows of contempt and cursed spite as it does its best to set right a nation in times out of joint, and only years or even decades afterward do the majority of citizens cast a fond gaze backward, imagining that they were or would have been on the activists’ side at the time. The capacity of society for anachronistic delusion and self-regard is nearly limitless.

Just as Glenn Beck’s venomous followers comically attempt to adopt the mantle of Martin Luther King, Jr., so too will some right-wing blowhard 30-40 years from now claim to embody the spirit of the heroes of Zuccotti Park in the service of whatever reactionary force they happen to be extolling a generation hence.

Thus has it always been, and thus will it ever be.

This is an heroic narrative. But isn’t there something about it that doesn’t ring quite true?

Posted in 99% | 4 Comments

Law On the Ground

Earlier today, a New York judge entered an injunction allowing the Occupy Wall Street protestors to re-occupy Zucotti Park. (That injunction was later overturned. No doubt further appeals are likely, although I’m not optimistic about their chances.)

During the period in which the injunction against the police action was in force, some protestors attempted to re-enter the park. Despite the court order, the NYPD did not allow it.

See NYPD Assaults Man & Punches Woman in Face at OWS / Liberty Plaza for their reaction:

httpv://www.youtube.com/watch?v=YxR8VHFvsl8

There is law on the books, and there is law on the ground. I doubt any of the police will be reprimanded in any meaningful way; more likely they will be (privately) congratulated.

(I think in the long run, this is more likely to feed the OWS movement than to harm it. They may now have to shift tactics to something that doesn’t involve standing in the cold 24/7.)

Posted in 99%, Law: Everything Else | 1 Comment

Putting the Boot into Occupy Wall Street (UPDATED)

Mayor Bloomberg has failed to transcend his origins: he sent the cops in to empty Zucotti Park.

UPDATE: There appears to have been substantial coordination between mayors in many (15?) cities, officially under the auspices of the National Conference of Mayors, but with major support by Homeland Security and perhaps the FBI. See Oh. Homeland security AND the FBI for some details.

Digby summarizes the clearing of Zucotti Park for us:

Watching it unfold has had the same surreal feel as watching the early days of Tahrir Square. As big as the story of the clearing of the park is, one of the interesting side stories is also that all the major news networks, cable and otherwise, were silent. They were showing no live video from New York. Only Raw Story had a live stream, still ongoing as of this writing. And as with Egypt, by far the best way to learn about events happening on the ground was via Twitter.

Per various twitter reports:

  • Protesters were told to take their belongings and leave. Any belongings not immediately carried out by protesters were then tossed unceremoniously into a massive pile on the street and loaded into dumpsters. This included the tents, the entire 5,000 book OWS library, and the bike generators.
  • Most subways and trains into downtown were blocked, including with cops at entrances
  • The Brooklyn Bridge was shut down until 6am
  • All media and press were not allowed within a block of Zucotti Park
  • Airspace over Zucotti was blocked by police helicopters and legally blocked to prevent any media coverage
  • Journalists gathered together to attempt to gain access were denied. According to one report, one cop tore a press credential off a journalist, while another responded to a journalist’s claim to be press by saying, “not tonight.”
  • One New York Times journalist reported arrested, and city councilmember Ydanis Rodriguez reportedly arrested and bleeding from the head
  • Multiple individuals injured, bleeding, including one carried out on a stretcher
  • Doormen locking buildings around Zucotti to prevent residents from exiting to witness events
  • Counter-terrorism police units on scene

Oakland’s protestors got the boot too.

The strategy of force will fail.

Posted in 99% | 4 Comments

Motion REALLY Dismissed

In More Evidence That Judges Have Had it With Banks, Yves Smith points to Phillips v US Bank, N.a., Sup Ct Carroll Cty Ga.20111102, which (assuming it is real), can only be called a epic dismissal of a complaint.

Posted in Econ & Money: Mortgage Mess, Law: Everything Else | 2 Comments

Conference Software Recommendations Needed Please

I mentioned a few days ago that we’re going to be doing a conference on legal and policy issues relating to robotics, scheduled for April 21 & 22. As the ringleader of this plan, I need to set up systems for accepting receipt of paper proposals, sharing them out to the Program Committee, and ultimately notifying speakers of the fate of their proposals.

One can do it by hand — but software would be better. Can any of the readers here suggest something? You might think a big law school like ours would have something in hand, but legal conferences are usually by invitation so there is much less call for this sort of program (or web software) than you would find in other departments.

(I try not to bleg much here, but this time I need the advice.)

Posted in Talks & Conferences | 15 Comments

Mississippi Rejects (Absurd) Personhood Amendment

It wasn’t even close. AP has the votes. The amendment was not a serious attempt to do anything more than rally the troops, since it was medical nonsense to suggest that every fertilized (not even implanted!) embryo should have ‘personhood’ status. Even so, 42% of the voters (at last count) voted for it in this low-turnout off-year contest.

But if we’re going to put personhood on the ballot, how about putting corporate personhood on the ballot? That could be a fun debate.

Posted in Politics: Tinfoil | 2 Comments