Author Archives: Michael Froomkin

Rivera Won’t Disclose Who Really Pays Him

David Rivera has a problem with the truth. A big problem. And the Miami Herald has Rivera in its sights.

We've known for some time that GOP Congressional candidate David Rivera (FL-25) was sort of weird and shifty, but the narratives were a little complex and weird. (Rivera ran a delivery truck off the road to prevent his opponent's mailers from getting to the post office? Rivera either was battering a woman or having an unknown doppelganger with the identical name who had a restraining order? Rivera was saying one thing in Spanish, then denying it English? Rivera was accused in an FEC filing of illegal campaign activities?)

But here comes something easy to understand: today's paper reports (Source of Rivera's income unclear) that Rivera has for years been getting money from a secret source that Rivera will not disclose. Yes, the one and only David Rivera in the Florida state legislature has either been lying on his sworn financial disclosure forms, or taking some kind of secret payoff, or both.

See, there's this money he has been saying for seven years that he gets in salary from consulting for the USAID, a federal agency. But the Herald discovered that USAID says it has never heard of him. Oh, says Rivera, I was a subcontractor. But I won't tell you for whom. I didn't mention the subcontractor in my sworn ethics disclosure form because the money originated at USAID (which I'm sure is an ethics violation right there). What, asks the Herald, did you actually do for USAID? I took trips like these, says Rivera, showing receipts of three trips to Mexico and Chile.

And here the Herald does real journalism: it looks into those trips and finds they were funded exchanges by the US State Department, on which Rivera got expenses and $200 per day – not the thousands he lists on his ethics forms. Oh, says Rivera, well those were just examples of what I did. And it goes round and round and round, including the creation of a possibly sham company in Puerto Rico (to launder the money?).

Somewhere in all this I lost track of the number of times the Herald caught Rivera lying, but it's a large number. And don't miss the last few paragraphs of the story, in which the Herald, purely deadpan, presents facts relating to large payments by previous Rivera campaigns, for what seems like not much, to a corporation that had a close relationship with his mother. At least he's a family man.

Posted in Politics: FL-25/FL-27 | Comments Off on Rivera Won’t Disclose Who Really Pays Him

Will New Ad Sink Scott?

This Alex Sink 2-minute ad, Profits Over Patients: The Rick Scott Story, is hard-hitting and, I would hope, devastating.

Devastating, that is, unless TV viewers are inured to scandal…which is always possible in Florida. Polls in the Governor's race suggest a very close race.

Posted in Politics: 2010 Election | 1 Comment

Time to Check the Weather in Hell

It must be a cold cold day in the nether regions when I find myself substantially in agreement with ultra-right-wing activist Karl Denninger. Yet, his plan for dealing with the spiraling mortgage mess (incentivize quiet title actions on a mass scale) seems — at first glance — to have quite a lot going for it.

See What Must Be Done – Today. What do you think? Am I missing something other than the fact that our courts don't currently have the capacity to hear all these cases?

Posted in Econ & Money: Mortgage Mess | 7 Comments

The Search for a Banner Image

I think this is a very striking image:

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Copyright © 2008 – Mirko Ilic Corp All Rights Reserved. Reprinted by Permission.

As I work on a blog redesign, it's one of my favorites for a theme. But unfortunately, both its verticality and its greenness make it hard to use; it looks like I'll end up with something a bit less striking, more soothing, and much more horizontal, as a banner.

The artist — whose work came to my attention because of this great image regarding court decisions supporting gay rights — very kindly gave me license to use it if I wanted to.

Posted in Discourse.net | Comments Off on The Search for a Banner Image

Harold Feld Doesn’t Just Explain FCC Law on a Difficult Net Neutrality Question, He Makes It Funny

It is not easy to explain the debate over whether — were the FCC to reclassify broadband as a Tittle II service — Sec. 201 and 202 of the Communications Act of 1934, as amended, would then permit or require the agency to allow tiered services or whether net neutrality would/could survive. It's complicated, but grandmaster telecoms lawyer Harold Feld not only explains it in plain English, but manages to be really funny too. I hope he'll forgive my reprinting one of the better punch lines.

Posted in Law: Administrative Law | Comments Off on Harold Feld Doesn’t Just Explain FCC Law on a Difficult Net Neutrality Question, He Makes It Funny

Another Satisfied Customer

A former student writes,

I am happy to report that I landed a new job with the [federal agency name deleted] and so far everything is great. As part of my duties I am reviewing the entire [agency] rulemaking process and ensuring we follow the proper administrative procedures. I also provided rulemaking guidance and explained the feasibility of creating interim final rules to the [agency's] Under Secretary on a few issues and my recommendations actually led to a change in US negotiating policy [in something big and international]. So it's looking like your admin law class easily ended up being one of the most useful and practical and I often find myself looking at my class notes for guidance.

Of all the things I have ever taught, it is the Administrative Law course that students most often come back — several years later — and thank me for. While I'm happy to take some of the credit, I think most of it belongs to the intrinsic importance of the subject.

Why more students don't take Administrative Law law school remains something of a puzzle. After years of chewing it over, I've come down to thinking there are three reasons are that AdLaw is not a more popular course:

  • It's very hard
  • It's not on the bar exam
  • No one makes TV shows about administrative law or administrative lawyers.

But law students take note: you should take Administrative Law before you graduate — ideally in your second year of law school, because it's a foundational course that will help you with many other subjects.

Posted in Law School, Law: Administrative Law | 15 Comments