Author Archives: Michael Froomkin

Deans May Know This

Joho the Blog, Line from a conf:

“There is a way to herd cats: Move their food.” — speaker at a closed conf

Posted in Law School | 2 Comments

Jotwell: Third Party Beneficiary Law Meets Virtual Worlds

oie_globes_and_books5_sm.gifJames Grimmelmann has a nice piece up on Jotwell called Third Parties to the Rescue.

Here’s how it starts:

Michael Risch’s Virtual Third Parties, 25 Santa Clara Computer & High Tech. L.J. 416 (2009) tips the scales at a mere eleven pages—but it punches far above its weight class. He gives a clear and straightforward reading of third-party beneficiary doctrine in contract law to put a new spin on old problems of online power.

Risch’s subject is virtual worlds, where the immense technical power of the world’s provider is so well-recognized that it has its own shorthand name: the “God Problem.” If Blizzard wants to exile you from World of Warcraft, confiscate everything you own in-world, or stick your avatar in the stocks, their control over the servers lets them do it with a few keystrokes. Your avatar’s arms are never going to be long enough to box with a game god whose software controls arm length.

Posted in Virtual Worlds | 4 Comments

US Prison Population Zooms Up From 1980

Disturbing chart at Amygdala.

I knew it was bad, but not this bad.

Posted in Law: Criminal Law | 6 Comments

Herald Covers UM Foreclosure Fellows

Nice article in today's Herald about the UM law foreclosure fellows program, New lawyers help fight foreclosures.

I got quoted as saying,

“When the foreclosure happens, the number of important legal defenses that may be available are not always obvious to people without legal training,” said Michael Froomkin, a University of Miami law professor who heads the Foreclosure Defense Fellowship.

“Some of these options will buy you time, and some of these will do a lot more … even those that buy you time are a way of getting a lender's attention and stimulating a negotiation,” he said.

For a good discussion of what one of those defenses looks like — and some of the pitfalls to which it can be subject — see today's analysis at Calculated Risks, Putting the MERS Controversies in Perspective.

Posted in Econ & Money: Mortgage Mess, U.Miami | Comments Off on Herald Covers UM Foreclosure Fellows

Those Billionaires Can Sing

Billionaires for Wealthcare Serande the Masses on Capitol Hill – 11/5/09 (HQ)

Posted in Health Care | Comments Off on Those Billionaires Can Sing

Jotwell Reactions

oie_globes_and_books5_sm.gifI've been thrilled by the initial response to Jotwell. Traffic well exceeded my expectations, which is only fair as the initial articles are great, and a large number of friends and strangers have sent me incredibly kind email.

Of all the notes I got, this one from Prof. Bernard Hibbitts of U. Pittsburgh, the creator of JURIST, is my favorite because it not only nicely summarizes a large part of what I am hoping Jotwell will do, but also goes beyond my wilder dreams. Prof. Hibbitts (quoted with permission) wrote,

[T]his is a really great initiative which has tremendous potential to reshape the scholarly publishing process in law, since your focus is much more on what is said than where it is said. You have, in a sense, (re)invented the “law review”, recasting it in the literal/movie sense of the term, and the consequences of this for the traditional players and hierarchy could be enormous, as JOTWELL could end up leapfrogging and superseding them entirely in multiple ways (authoritativeness, timeliness, etc.). Going further, it may not be too much to suggest that you may finally have split the scholarly atom, dividing assessment from placement and unleashing untold intellectual energies and possibilities in the process.

I can only wish.

Meanwhile, we have a new article by Donna Coker up at Jotwell, and two more new pieces in other sections scheduled for next week. Have a look.

Posted in Jotwell | 2 Comments