Author Archives: Michael Froomkin

Charon, QC Receives a Sales Call

Posted on August 7, 2010 by Michael Froomkin

Charon, QC is a blogging barrister. Charon deals with cold callers: 101

Caller: Can I speak to Charon please?

Charon: Speaking.

Caller: You are Charon of The Staterooms, Battersea?

Charon: Yes…and you are?

Caller: We are doing conservatories in your area and wondered if you would be interested in hearing about the opportunity we can give you.

Charon: Yes, but you do realise that I am a lawyer and I charge everyone for my time? I've just started the time clock running. Can you provide your credit card or AMEX card details, please?

Caller: Sorry? I'm not with you.

Charon: It is perfectly straightforward. I am a lawyer. I charge for my time. Nothing in this world I live in is free. You called me up to ask if you could speak to me — ergo, you want to buy some of my time. Time is money. I take money. In fact, I have a most useful device from Barclays which allows me to take money from your account and put it straight into my account. Can you provide your credit card or AMEX card details, please?

Caller: I'm not sure I understand…you want to charge me money to listen to what I have to tell you?

Charon: Bingo!

Caller: Bingo?

Charon: Bingo!…yes, you have understood the position perfectly. Can you provide your credit card or AMEX card details, please?

Caller: This is ridiculous…..

Charon: What is ridiculous?

Caller: That you want to charge me for calling you.

Charon: I don't see what is ridiculous about it. I have to make a living, as you do. I didn't call you. You called me to ask if I would listen to you tell me about conservatories. I said that I was happy to do this, warned you that I am a lawyer and charge for my time, and then asked you for your card details so that you can pay my fees for listening to you.

Caller: This is mad.

Charon: Mad? Fortunately this call is not being broadcast for you have just slandered me by calling me mad and as I've just finished writing a chapter on the law of defamation for my new Tort book, I'm fairly well up on libel.

Caller: I haven't libelled you.

Charon: Technically, because there is no publication to a third party in this instance, you have not libelled, but calling me 'mad' when I am not, could found an action in defamation, had I been broadcasting this conversation; one which even in these anti-libel days we live in I may well have won.

Caller: This is now getting more ridiculous…. I am terminating the call.

Charon: Did I tell you that I am on the third floor of a block of flats? I assumed, given your thorough market research, you were aware of this. In the circumstances, I was fascinated to hear how you were going to build a conservatory for me. I haven't seen many conservatories hanging off the side of mansion block buildings. I was genuinely keen to learn….

Caller: CLICK

Of course, by quoting the whole wonderful thing I have probably exceeded fair use, and can now expect a writ the next time I visit London…

Posted in Shopping, UK | 2 Comments

Donna Shalala Stopped by Israeli Airport Security

Posted on August 7, 2010 by Michael Froomkin

The Israeli press describes it as, American VIP humiliated at airport:

Donna Shalala, who served as the US Secretary of Health and Human Services for eight years under Clinton and is currently the president of the University of Miami, was held for two-and-a-half hours at Ben Gurion Airport during which she underwent a humiliating security debriefing because of her Arab last name — all this despite the fact that her hosts notified the airport ahead of time that she is a VIP.

The fact that Shalala arrived in Israel as part of an official delegation of the heads of universities fighting against the academic boycott against the Jewish State also seemed not to help her.

Shalala, 69, was born in the US to Lebanese immigrant parents.

Steve Clemons has some thoughts about this at The Washington Note.

As he points out, what Shalala says she went through is what many panic-ridden conservatives in the US want to inflict on our travelers — ethnic and racial profiling.

Posted in U.Miami | 2 Comments

Please Tell Me He’s Wrong

Posted on August 6, 2010 by Michael Froomkin

Glenn Greenwald has some gloomy thoughts in What collapsing empire looks like.

Please tell me why he's wrong.

Posted in Politics: US | 4 Comments

More Dirt on David Rivera

Posted on August 6, 2010 by Michael Froomkin

Via DownWithTyranny!, more bad stuff about David Rivera: Will Florida Republicans Put Up With A Candidate Who Beats Up Women— And Then Lies About It? (That post includes a copy of an amazing anti-Rivera campaign flyer from 2002. Miami politics is was and remains the home of the brass knuckle approach to campaigning. Note the caveat: “It is not clear if the woman photographed is Rivera's victim.”)

If you are Joe Garcia, would you rather the dirt comes out now and knocks off your most serious Republican rival, or rather have it come out after he's won the primary? That depends, I suppose, on the quality of the other candidates in the race, and I know very little about them.

Earlier related post: This Could Be an Interesting Lawsuit.

Posted in Politics: FL-25/FL-27 | Comments Off on More Dirt on David Rivera

Federal Judge Strikes Down California Prop. 8

Posted on August 4, 2010 by Michael Froomkin

Held:

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed the evidence shows Proposition 8 does nothing more than enshrine in the California constitution the notion that opposite sex couples are superior to same sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis,the court concludes that Proposition 8 is unconstitutional.

Appeal to follow. Supreme Court likely before the dust settles. Pre-decisional reports questioned if Prop 8 would be enjoined, or if the ruling might be stayed pending appeal. That doesn't seem to have worked:

REMEDIES

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants anddefendant-intervenors pursuant to FRCP 58.

IT IS SO ORDERED.

Even if the decision doesn't stay itself, the Court of Appeals has the power to stay its effects pending appeal if only the supporters of Prop 8 can find an irreparable harm from its absence. It's a little hard for me to see how they would do that.

(Alternate, equally slashdotted, direct download of decision here or from the official court website. If anyone has a better-working link, please post it in the comments.)

Update: The NYT says,

Vaughn R. Walker, the chief judge of the Federal District Court in San Francisco, who heard the case without a jury, immediately stayed his decision pending appeals by proponents of Proposition 8 …

Posted in Law: Con Law: Marriage | Comments Off on Federal Judge Strikes Down California Prop. 8

The Road Not Taken

Posted on August 4, 2010 by Michael Froomkin

If and when someone smart writes the obituary of the by then late and unlamented Miami Herald, she will point to this moment in 2000 when the Herald had a chance to make a turnaround hire, and didn't.

Earlier relevant posts:

Posted in Blogs, The Media | 1 Comment