Author Archives: Michael Froomkin

This Is Funny

This is funny.

Warning: Some viewers may find this oleaginous.

Posted in Completely Different, Law: Trademark Law | Comments Off on This Is Funny

Good Question(s) About GM

Gerard Magliocca asks a good question,

Now we own 60% of GM. Does that make GM a state actor until those shares are sold?

Under our deeply twisted and narrow state action jurisprudence, I think the answer will be no, so long as the government is not actually controlling a majority of the Board.

Similarly, no sovereign immunity abroad, in nations that use rules like our Foreign Sovereign Immunities Act (FISA). And, of course, none here, since its not federally chartered.

[I am just waiting for someone to make the — losing — argument that nationalizations violate the Government Corporation Control Act, 31 U.S.C. § 9102 which states,

An agency may establish or acquire a corporation to act as an agency only by or under a law of the United States specifically authorizing the action.

GM isn't being (partly) acquired “to act as an agency,” so the GCCA won't apply.]

Posted in Law: Federal Govt Corps | 4 Comments

Negative Results Advance Science Too

2849348027_b80224aae2_m.jpgI have just completed a multi-day experiment whose results I wish to report here for the first time, since I understand that negative results are not normally considered publishable in peer-reviewed journals.

A large pile of exams, closely observed over a period of days, will not grade themselves. These results are reproducible. Furthermore, altering the test protocol to pay no attention to the exams does not appear to alter the outcome in a measurable way.

This result is discouraging, but I thought I should report it anyway. Now I'm going into seclusion to grade them manually.

(Pix Copyright by Arbitrary.Marks, licensed via Creative Commons)

Posted in Law School | 3 Comments

SD Fla US Attorney’s Office Circumventing Court Order

David O. Marcus writes in Southern District of Florida Blog: U.S. Attorney's Office still keeping cooperation secret from public,

Although Chief Judge Moreno and the rest of the SDFLA court have made plea agreements public again by allowing them to be accessed by PACER, the government is still attempting to keep cooperation agreements secret and off-line.

A number of AUSAs and AFPDs have emailed me the new government policy when a defendant is cooperating: Just delete those sections* from the plea agreement and include them in a letter agreement, NOT FILED WITH THE COURT. This new policy certainly circumvents the spirit of making deals open to the public. From what I understand, the prosecutors ask the court to go over the cooperation letter agreement with the defendant, but then ask for the letter not to be filed in the court record. I suspect that most judges will not abide by this request, especially because technically the letter is a matter of public record if reviewed in open court — so why not file it…

I might add that the proprietor of the shop engaged in this behavior is about to become the Dean of a law school. I wonder if this is what they will teach in their Legal Profession course?

Posted in Law: Criminal Law, Miami | 1 Comment

Stark Foreclosure Data for 2009

Via EYE ON MIAMI, some stark numbers on foreclosures in Miami-Dade county:

In the first 4 months of this year we have had 25,577 foreclosures in Miami Dade County. That is almost as many as we had the entire year in 2007 (26,391) and more than 3 times as many as we had the entire year in 2005 (7,829). During the same 4 months in 2008 we had 16,248 foreclosures, and ended 2008 with 56,656 total. If we keep up with the current trend, we will close 2009 with more than 75,000 foreclosures. If you add all the foreclosures between 2002 and 2007 (6 years) the total is 79,812. We could possibly reach that mark in one year!

Which is why doing something is so important….

Posted in Econ & Money: Mortgage Mess | 7 Comments

Internet Access, Human Rights (and Search Engines)

Cory Doctorow suggests that internet access will soon be considered a human right,

Homeless people and the Internet – Boing Boing: Here's a prediction: in five years, a UN convention will enshrine network access as a human right (preemptive strike against naysayers: “Human rights” aren't only water, food and shelter, they include such “nonessentials” as free speech, education, and privacy). In ten years, we won't understand how anyone thought it wasn't a human right.

Personally, I think it won't happen nearly that soon — we still need clean water world-wide, but it would be nice to imagine a world where we think we can't afford not make internet access a basic right.

I'm pretty sure Bruce Sterling imagined something like this in 'Islands in the Net'; I know that so many science fiction authors have characters from rich places describing their idea of abject poverty as being unable to afford 'net access for it be hovering between cliche and trope. Although in my imagined future, basic access to the cloud in rich places will be free; in nice places it will be plain free, in less-nice places you'll get ads in your head.

Incidentally, I had a fifteen-minute mental blackout about the author/title for 'Islands in the Net' — although I could remember the story. (Norman Spinrad? Nope. Stirling Robinson? Nope.) This is the one sort of search I make from time to time where Google is basically useless: I know the plot of a short story, or a book, but can't recall the title, the name of the main character, or the author. Amazon doesn't help either.

I could bleg about it when it happens, but that's not usually my style. (Oh heck: anyone recall the old pulpy short story about the guy who invents a ray gun you can make in your basement from common parts that can cut the world like a tomato, prevents the government from suppressing it, and justifies it by saying that now we'll have to be nice to each other? Who wrote that? What was it called? Paging the Nielsen Haydens.)

I'm like that with case names sometimes too, but legal facts tend to be sufficiently stylized that I can usually find them, or references to them, on Westlaw pretty quickly.

Posted in Internet | 5 Comments