Author Archives: Michael Froomkin

Too Busy To Blog

Work. Work. Work.

Little things to tide us over:

  • A modest proposal § Unqualified Offerings: “In the future Costco will run law schools.”
  • Bumper sticker spotted on the road: “When do we get to vote on your marriage?”
  • Gary Farber notes that Jerry Falwell's Liberty Counsel has launched a new program called Adopt a Liberal™. “This program encourages people to pray for those in leadership to restore poor leaders to right thinking.”
  • FedThread looks cool.
  • So does TinEye which offers handy browser plug-ins.
Posted in Etc | Comments Off on Too Busy To Blog

Hiaasen’s Craziest Character is Real

I always wondered who could have been the model for “Skink,” my least favorite but perhaps most distinctive character in Carl Hiaasen's supposedly satirical but actually all-too-realistic novels about South Florida. I didn't like Skink because, unlike the other Hiaasen characters, he seemed too over-the-top to be real.

And now, thanks to St. Petersburg Times's article A lion builds a Cat 5 lair in the Keys, the secret is revealed. Skink is as true to life as everyone else in those books.

(spotted via Random Pixels)

[Note: “Cat 5” here refers to major hurricanes, not a gigabit LAN]

Posted in Kultcha, Miami | Comments Off on Hiaasen’s Craziest Character is Real

UM Hosts Great Foreclosure Defense Training

We had a real happening of a foreclosure defense seminar yesterday. Here's how the law school wrote it up, but it was even better than it sounds:

Fighting the Foreclosure Crisis: Foreclosure Defense Specialist April Charney, JD '80, Shares Expert Advice in Workshop

Over 150 lawyers attended a foreclosure workshop, hosted by the University of Miami School of Law on October 2nd, which featured April Charney, JD '80, a consumer lawyer and nationally recognized foreclosure defense expert. Charney addressed such topics as federal and state law that govern mortgage origination, common law/state law causes of action and affirmative defenses, drafting discovery and motion practice, and ethical considerations in foreclosure practice.

Charney’s daylong “Defending Foreclosures” classes have gained widespread popularity with lawyers throughout the country. She has taught in Ohio, California, Minnesota, South Carolina, Missouri and throughout Florida. Charney requires that all attendees perform 20 hours of pro bono legal work in their communities.

“The workshop has been tremendously informative and has made me realize how complicated this area is,” said Yolanda Paschal, JD ’09, one of the Foreclosure Defense Fellows who will be working with the Legal Services of Greater Miami starting on Monday, October 5th. “I anticipate that this fellowship will be challenging and I look forward to that.”

The Foreclosure Defense Fellowship, recently created by the School of Law, will enable newly minted lawyers to give free help to local residents caught in the foreclosure crisis. The School of Law is one of the first schools in the nation to create a program of this kind. Recent UM graduates will acquire real-world experience and address a serious need in the community at the same time.

Excited to be back at her alma mater, Charney took a moment from the workshop to commend the School of Law for establishing the new Foreclosure Defense Fellowship Program and Professor A. Michael Froomkin for his leadership with the project. “The foreclosure crisis in Florida is troubling,” said Charney, “but at least this program will do good work to help homeowners keep their homes.”

“April Charney delivered a tour de force performance on foreclosure defense, backed up by a CD with over 1,000 pages of sample complaints, depositions, and litigation checklists,” said Froomkin. “I wish all my students could attend lectures like this to learn about the law on the ground as it is playing out in the context of a financial crisis.”

It was an event. Great as it was, April Charney wasn't entirely happy: She groused that some of the attendees were from what she calls “the dark side” — foreclosure specialists coming to find out what defense counsel will be doing to them.

Posted in Econ & Money: Mortgage Mess | Comments Off on UM Hosts Great Foreclosure Defense Training

Glenn Beck Attempts to Get UN to Circumvent US Constitution

Is this Response in glennbeckrapedandmurderedayounggirlin1990.com the best UDRP response ever?

Sample:

We are not here because the domain name could cause confusion. We
do not have a declaration from the president of the international
association of imbeciles that his members are blankly staring at the
Respondent’s website wondering “where did all the race baiting content
go?” We are here because Mr. Beck wants Respondent’s website shut
down. He wants it shut down because Respondent’s website makes a
poignant and accurate satirical critique of Mr. Beck by parodying Beck’s
very rhetorical style. Beck’s skin is too thin to take the criticism, so he
wants the site down. Beck is represented by a learned and respected
legal team. Accordingly, it is beyond doubt that his counsel advised him
that under the First Amendment to the United States’ Constitution, no
action in a U.S. Court would be successful. See, e.g., Hustler Magazine,
Inc. v. Falwell, 485 U.S. 46 (1988). Accordingly, Beck is attempting to use
this transnational body to circumvent and subvert the Respondent’s
constitutional rights.

Here, in the interest of fair play and equal time, is the compliant in glennbeckrapedandmurderedayounggirlin1990.com

Yes, Glenn Beck is going to an international tribunal set up by a UN Body (WIPO) in order to trample the US Constitution.

You can't make this stuff up.

Posted in Law: Trademark Law | 2 Comments

Bush Border Control Policy Sinks Chicago’s Olympic Bid

Chicago Loses Bid for 2016 Olympic Games

It looks as if the Bush administration policy on making it much harder to get a US visa (which Obama has yet to alter) has come home to sink Chicago's Olympic bid:

In the official question-and-answer session following the Chicago presentation, Syed Shahid Ali, an I.O.C. member from Pakistan, asked the toughest question. He wondered how smooth it would be for foreigners to enter the United States for the Games because doing so can sometimes, he said, be “a rather harrowing experience.”

This is the same stupid anti-visitor policy that is destroying American higher education by driving graduate students to UK and other universities. Here at UM, for example, we have had great trouble getting visas for some great students who want to take our LL.M for foreign students — including one who had a US government scholarship!

Maybe some good can come from this stunning defeat for Obama's personal diplomacy: bring back the pre-9/11 visa rules that made this country a magnet for tourists, investors, and the world's best and the brightest.

Posted in Law: Right to Travel | 9 Comments

Juan Cole on Obama’s Good Day

Juan Cole, Informed Comment: Obama pwns Bush-Cheney on Iran; First day of Talks Yields Significant Confidence-Building Steps:

Barack Obama pwned Bush-Cheney in one day, and got more concessions from Iran in 7 1/2 hours than the former administration got in 8 years of saber-rattling.

Now to see if Mr. Obama can pull an Olympic rabbit out his hat.

Posted in Politics: International | 1 Comment