Author Archives: Michael Froomkin

Law Firm Managing Partner Bemoans US News Rankings

The article by Peter Kalis on Lawjobs.com, Career Center – Gripes About Law School Rankings From a Law School 'Customer' is an interesting but I fear minority view from the chairman and global managing partner of K&L Gates:

If you are a beleaguered law school dean, know that this customer pays not a damn bit of attention to the U.S. News ranking — nor should your applicant pool.

He's got reasons, and they're decent ones, but I can't quite get my mind around to thinking that this is the majority view. Might be good if it were, though.

My view, which I've stated here before, is the US News rankings are based on a pretty silly (and increasingly self-referential) formula. Small gaps tell you nothing. Large gaps do tell you something, although you could probably get almost as good info by looking at the relative size of law school endowments….

Posted in Law School | Comments Off on Law Firm Managing Partner Bemoans US News Rankings

Recapping My 2008 Predictions

A year ago, I wrote Ten Tame Predictions (Plus Bonuses).

News that Billy Idol (or was it Billy Kristol, I forget) has been offered a op-ed slot at the New York Times brought home the fact that Brooks, Broder, Krauthammer, Hiatt, Novak are not aberrations, and that the standards for punditry are in fact very low.

So, what the heck, I gave myself ten minutes to come up with ten very tame predictions for 2008. Let’s see how I do.

So, how did I do?

International

1. We’ll still be in two wars at the end of the year. Iraq and Afghanistan are not going to end. US soldiers and many foreign and domestic civilians will die due to war-related injuries. (Confidence: total.)

Bingo

2. The selloff of US assets, both financial and non-financial, will accelerate in 2008. Media commentary will continue to celebrate it as a solution to short-term problems (insolvency, trade deficit, falling dollar) without noticing that it is the cause of multiple long-term problems (structural trade deficit as revenues flow abroad; moving of never center of corporate control off-shore; strategic reduction in both domestic and international policy flexibility). (Confidence: very high.)

Bingo

POLITICS

3. The Presidential election will not be the Democratic blow-out so many pundits are currently predicting. A Democrat will win, but not by a landslide. (Confidence: moderate.)

Only 50%. A Democrat won, but it was by modern standards a landslide.

4. We will elect a Democratic Congress for the first time since 1994. (That is not a typo – what we have not is not in very many meaningful senses a Democratic Congress). (Confidence: moderate.)

So far, so good, but you never know what they'll be like when they actually start voting.

5. The Republican party will adopt the Democratic tactic known as the “circular firing squad.” But the Democratic party will not learn to be as disciplined as the GOP of the 80s, 90s or even the first half of the 2000’s. (Confidence: very high.)

75% Mostly correct as regards the GOP, although (despite Newt's best efforts) they aren't being quite as vicious as I expected. Correct as regards the Democrats.

ECONOMICS

6. Contrary to the upbeat predictions in my local paper (“Horrible year for housing should not repeat in ‘08”), the housing market will tank worse in 2008 than it did in 2007. (Confidence: total.)

Bingo.

7. By the end of 2008,the US will be or will have been in a recession. (Confidence: very high.)

Understated.

8. The Fed will respond aggressively, inflation will rise, and economists will be worrying loudly about stagflation. (Confidence: very high.)

Maybe 75%: the Fed has been very very aggressive, but the economists are not worrying loudly about stagflation in the short run; you hear at least as much about deflation.

9. Miami will have a worse hurricane season than in 2007. (Cheap prediction as we didn’t even have a real scare this year.) (Confidence: very high.)

Bzzzzzzzt. Was as thankfully dull as last year.

10. There will be at least one coordinated botnet operation (fed by a worm or a widely distributed trojan) that will dwarf anything we’ve seen so far either in its size, or in the precision of its targets (e.g. banks).

Move over Storm – there's a bigger, stealthier botnet in town (April 2008)

So I give myself an 80% score on the base predications. How about the bonus round?

Bonus prediction: BK will be so bad, he’ll make Brooks look … no, never mind. Can’t be done. (Confidence: total.)

Kristol started off with a bang, running multiple corrections for facts he could easily have checked. He eventually settled down to an annoying near-irrelevance, a bit like a buzzing mosquito.

The remaining predictions I said had “low confidence”. I didn't do as well on those, although I got four right.

11. Major new computer virus infection as virus writers (at least temporarily) outstrip antiviral software makers.

Not that I can recall. Some bad things, but not worse than before.

12. Record number of human deaths due to avian flu.

In 2006 the WHO reported 79 human fatalities due to avian flu. By Dec. 16, 2009 there were 30 reported fatalities. I'm delighted to be wrong on this one!

13. Record shrinking of arctic glaciers. GOP continues to deny global warming. US policies continue to allow foreign dirigiste economies to steal a march on solar and carbon-reducing technologies.

All true so far.

14. OLPC initiative creates new industry: networks of low-wage kids defeating “capchas” by hand.

15. Several governments act to “solve” the spam problem — by attacking online anonymity.

True.

16. Good news: ICANN creates a record number of new TLDs. Bad news: you can’t have one — only governments can.

It's in the works. But so is a plan for new gTLDs to other insiders and rich folks.

17. Someone will finally come out with an ultra-portable laptop with an adequate keyboard that also runs XP well. They will make a lot of money on it.

It's called the MSI Wind, and the Acer Inspire (and, for some, the ASUS eee)

18. Guantanamo will not be closed, but the population will be lowered substantially.

Correct, but stay tuned.

And two wild predictions:

19. Someone will be prosecuted for contempt of Congress (or for inherent contempt if the US Atty won’t bring the charges).

Boy was I wrong about that.

20. I will produce a draft of my book.

And even wronger about that one…

How did I do overall? Not too badly. It helps to be tame. You'd think with such ltameness that column would be just around the corner…

Posted in Discourse.net | 2 Comments

So Much for Safe Browsing (Temporarily)

Via Ed Felton, news of a medium-sized bombshell in Researchers Show How to Forge Site Certificates:

Today at the Chaos Computing Congress, a group of researchers (Alex Sotirov, Marc Stevens, Jake Appelbaum, Arjen Lenstra, Benne de Weger, and David Molnar) announced that they have found a way to forge website certificates that will be accepted as valid by most browsers. This means that they can successfully impersonate any website, even for secure connections.

This is a big deal. But as Ed explains, it is based on an making worse a known weakness in the “MD5 with RSA” hashing algorithm. It can be fixed by having Equifax, which uses this now shown-to-be-insecure hast, replace the hash with something better. And having Equifax (and anyone else using it) revoking all existing certs based on this now vulnerable hash. (Which will cause a new wave of people ignoring security warnings…)

And, as Ed wisely notes,

… this is a sobering reminder that the certification process that underlies web site authentication —- a mechanism we all rely upon daily —- is far from bulletproof.

Posted in Cryptography, Internet | 2 Comments

Sign of the Times (Cobb Salad Edition)

It's sort of a family joke, but every so often — not that often, but every so often, maybe a few times a year — I get a hankering for a Cobb Salad. For the past decade or more, when that happens I've dragged my wife, or sometimes the whole family, off to South Miami's Beverly Hills Cafe. I don't know how long it's been there, but 15 years at least. It wasn't expensive, and if wasn't super-cheap either, well they made up for it with big portions, fast and attentive service, and very nice hot rolls while you waited. And it was usually busy. Sometimes you had to wait. I even forgave them for expanding into the space formerly occupied by Joe's News, which, pre-internet was the best place to get out-of-town and international newspapers and magazines.

I got that Cobb Salad feeling today, and I took myself off to South Miami, just on the other side of US 1 from my neighborhood, but when I got to the Beverly Hills Cafe, so long a feature of Sunset Ave, there was a sign on the door that they're closed due to the recession. I don't know if it's the whole seven-location chain, or just the one near me, but either way, it was a surprise.

Then again, maybe it shouldn't have been a surprise. Most times over the years when I went there for lunch on a weekday, the place seemed full of local business types — especially real estate and banking folks. I guess they don't eat out so much these days.

(The parking lot behind the restaurant that used to have a guard and charge by the hour seems to have been taken over by the City of South Miami, and turned into city metered parking, which I suppose is the only tiny silver lining in the story. But they meter even on Sundays.)

Next best Cobb Salad that I know of in the area is at the Coral Gables Diner, in downtown Coral Gables, but it's further away and harder to park, the salad is smaller, not as nice, significantly more expensive ($15!?!), and their honey mustard dressing is lame.

Not to mention a lot of people must have lost their jobs, as the Beverly Hills was pretty big.

Posted in Miami | 8 Comments

Grrrrrrrrrrrrrr

I am grading. This makes me grumpy.

Posted in Law School | Comments Off on Grrrrrrrrrrrrrr

First Blog Post In History to Equate the Fed with Hello Kitty?

I think it's scary when this post (“Easy Credit”) from != illustrated with graphics such as this one …

… makes me think me think of a post on the 'future of fed policy' from Krugman, illustrated with this one…

masterfraud.jpg

Posted in Econ & Money: Mortgage Mess | 2 Comments