Author Archives: Michael Froomkin

Anti-Union Bill Rejected by Ohio Voters

AP reports:

The state’s new collective bargaining law was defeated Tuesday after an expensive union-backed campaign that pitted firefighters, police officers and teachers against the Republican establishment.

In a political blow to GOP Gov. John Kasich, voters handily rejected the law, which would have limited the bargaining abilities of 350,000 unionized public workers. With more than a quarter of the votes counted late Tuesday, 63 percent of votes were to reject the law.

via Ohio Voters Reject Republican-Backed Union Limits – NYTimes.com

It begins?

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Occupy Corporate Law

via RIP Shareholder Value Meme: Make Way for A New World.

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A ‘Reform’ Much Worse than the Problem

I’ve signed a law professors’ letter opposing HR 3010, the so-called “Regulatory Accountability Act of 2011.” Even by DC standards, this bill is unusually bad. The following summary, from Regulatory reform good for multinationals, yet bad for you, isn’t actually as alarmist as it sounds:

However, a thorough reading of the RAA leads to three conclusions. First, the bill will likely to dramatically drive up the cost of almost every rule-making process and budget of a federal agency. Second, federally elected officials will be stripped of their ability to responsibly lead our country. And third, the RAA is a highway to never-ending lawsuits by special interests against the federal government.

The RAA is designed to micromanage every federal agency in its efforts to create rules necessary to carry out legislation passed by Congress.

By doing so, it turns over 60 years of effective regulation promulgation under the Administration Procedures Act into a protracted process that will stretch the time needed for rule-making into decades. Federal agency budgets will need to be expanded by hundreds of billions of dollars to comply with the RAA and perform their usual functions of protecting the public and small businesses from unsafe products and practices.

… the legislation is a corporate lobbyist dream. It appears to have been written by corporate attorneys for corporate attorneys

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Reckless Meritocracy? Try “Unchecked”

Ross Douthat opines in the NYT:

In hereditary aristocracies, debacles tend to flow from stupidity and pigheadedness: think of the Charge of the Light Brigade or the Battle of the Somme. In one-party states, they tend to flow from ideological mania: think of China’s Great Leap Forward, or Stalin’s experiment with “Lysenkoist” agriculture.

In meritocracies, though, it’s the very intelligence of our leaders that creates the worst disasters. Convinced that their own skills are equal to any task or challenge, meritocrats take risks than lower-wattage elites would never even contemplate, embark on more hubristic projects, and become infatuated with statistical models that hold out the promise of a perfectly rational and frictionless world. (Or as Calvin Trillin put it in these pages, quoting a tweedy WASP waxing nostalgic for the days when Wall Street was dominated by his fellow bluebloods: “Do you think our guys could have invented, say, credit default swaps? Give me a break! They couldn’t have done the math.”)

Inevitably, pride goeth before a fall.

Quotable stuff, but is it correct?

I’m dubious, for two reasons.

First, one could see it all as regression towards a mean.

Second, to the extent that one is asking whether there is anything in our current condition (Vietnam to the financial crisis) that makes the reversion to the mean faster than it used to be, I would put part of the blame on the increase in speed in communications and travel, which together increase the pace at which errors’ consequences mature.

But there is another major factor that I see as making errors easier: the collapse of meaningful checks and balances. Congress and the Courts no longer check the executive in meaningful ways. The Tonkin Gulf resolution and the War Powers Act produce to the Praetorian Presidency; the budget-making process and the weakening of the seniority system (plus the increase in the spoils system, aka money in politics) mean that the Congress is less and less a counter on the domestic side.

Meanwhile the courts, already deferential in foreign affairs, constantly invent new barriers to suit: standing sovereign immunity bars, executive privilege, immunity, ‘qualified’ immunity, political question, and more.

Absolute power corrupts in more ways than one.

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Microsoft Women and Minority Law Student IP Summit to be Held at UM

The 8th annual Microsoft Women and Minority Law Student IP Summit will be held at the Newman Alumni Center here at UM, on Friday, November 11 from 1:30 – 8:00 p.m.

The IP Diversity Summit is an opportunity for law students from diverse backgrounds to learn about different career paths in intellectual property law, while networking with attorneys from leading companies and law firms. Microsoft has hosted prior summits in Washington, D.C., New York, Boston, Chicago, San Francisco, Los Angeles, Austin. This year is our turn.

Registration begins at 1:30 with students and faculty invited to attend some or all sessions. The event includes an overview of the principal areas covered by IP law, a career discussion with lawyers representing a broad range of paths to IP, as well as a panel specifically focused on what firms and companies are doing to support IP law career opportunities for students from diverse backgrounds. The panels will be followed by a networking reception, with hors d’oeuvres and a hosted bar for law students, law firms and participating companies and organizations. The IP Diversity Summit is open to all law students, and the organizers “strongly encourage participation by women, minorities, LGBT and students with disabilities in particular”. Admission for students us free, but space is limited so students should register on-line in advance.

Agenda:

1:30 – 2:00 pm Registration: University of Miami Newman Alumni Center, Gumenick Family Lobby (must be pre-registered online)
2:00 – 3:00 pm IP Law 101
3:15 – 4:45 pm Panel Discussion “Careers in IP”
5:00 – 6:15 pm Panel Discussion “Diversity in the Legal Profession”
6:15 – 8:00 pm Networking Reception – Dany Garcia and Dwayne Johnson Living Room

Posted in Law School, Law: Copyright and DMCA | Comments Off on Microsoft Women and Minority Law Student IP Summit to be Held at UM

The Purloined Letter Ploy?

There’s apparently no better place to hide things in 2011 America than in a book.

A Tiny Revolution: A Massive Bluggy Failure (referring to the lack of interest in Ron Suskind’s account of President Obama’s underwhelming commitment to getting bankers to actually sacrifice anything).

Actually, though, it is probably a combination of some hesitancy about Suskind’s reporting in some quarters plus a complete lack of surprise as to this fairly evident fact in others.

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