Author Archives: Michael Froomkin

Not Everything That Happens Will Happen Today

dbyrne.JPGWe've got David Byrne Tickets for his upcoming concert at The Fillmore Miami Beach on Dec. 13.

This is good.

I just hope he sings. Back in '04, something about Miami made Byrne think dark thoughts about fakery

Down by the lounge and pool, it's a meat market. Artificially enhanced specimens of both sexes stroll the grounds. Even the hostess has enormous breasts. The staff speak in sweet, breathy high-pitched tones — like they’re all little girls. Nothing is real. It’s a shocking change from Mexico, even though I realize many of these folks might have come from south of the border.

The venue, the Gusman theater — one of the over-the-top movie/theater palaces that John Eberson built across the country and around the world — is in the center of town. The State Theater in Sydney and the Majestic in San Antonio are other examples. As in some of the others, there is a vaulted, deep blue sky with little stars that twinkle. Fake classical pavilions create a kind of skyline and serve as outposts for spot operators.

… and this extends to music:

I think if a show has enough spectacle, pre-recorded vocals are permissible. Then the show is not about the emotive and personal power of the singer, but about the flash, the sets, the dancing boys and girls, the cool effects and sight gags. One could also say that the singer might be more easily replaced in these kinds of shows. The singer is a just another modular part, like any of the technicians or dancers.

Despite this, I love reading Byrne's online journal. Miami seems to be the last US stop on the tour, and then there's a significant hiatus until Hong Kong. Perhaps he's staying in town a while?

Hey David, if by some miracle you ever read this, I would love to buy you lunch or dinner — or you can come over for a drink. Who knows, I might not even bore you. If nothing else, I'm probably a little different from the people you usually meet.

(Then again, the guy has obviously thought carefully about online music distribution. So maybe I would be boring…)

Posted in Kultcha | 1 Comment

In Which I Do the Inconceivable and Rise to the Defense of the Otherwise Indefensible Illeana Ros-Lehtinen

My Congressperson, Ileana Ros-Lehtinen, hung up on President-elect Obama — twice and then issued an error-filled press release about it.

A Florida congresswoman — convinced she was being prank-called by a Barack Obama sound-alike — hung up on the actual president-elect Wednesday.

Florida Rep. Ileana Ros-Lehtinen was told by an aide that Obama wanted to speak with her. According to a statement released by her office, the Republican congresswoman cut off the caller, telling him she thought “this is a joke from one of the South Florida radio stations known for these pranks.” She then hung up.

Much as it pains me, I think I'll have to defend IR-L from some of the inevitable jokes, at least if the call was during morning drive-time. I can just see the local 'zoo format' jocks pulling a stunt like this.

And, anyway, think about it — on any rational calculation doesn't President-elect Obama have about eight million better things to do than call Ileana Ros-Lehtinen? As she herself apparently admitted:

When an amused Obama called again, Ros-Lehtinen he was either “very gracious” to reach across the aisle by contacting her, or “had run out of folks to call, if you are truly calling me.”

Indeed.

But it does make you wonder how many people Obama has called in the last month who have had the same reaction. I bet it's not a small number.

(Note that I'm not defending Ileana Ros-Lehtinen's office's inability to spell the President-elect's name — and that of his chief of staff, Rahm Emanuel — in the press release she put out about the incident. If only that were the only thing IR-L gets wrong….)

I do hope that Obama is not under any illusions that he owes anything to Miami's revanchist Cubans when it comes to normalizing relations with Cuba. It's now clear from the latest poll that a even a majority of Cuban-Americans in South Florida want to end the embargo.

Posted in Politics: FL-18 | 3 Comments

The Scariest Moments in Law Teaching

Jay Wexler suggests that The Scariest Moment of any Class Meeting “is always the very first one”.

That's absolutely not my experience — the moment before the first class, open with infinite possibility, is anything but scary. Exciting and hopeful, yes. The only sour note is if any of the students seem scared — I hate that, as I want the freedom to push them to be rigorous and feel constrained in doing that if I am finding that they experience it as scary as opposed to educational. (Now, the second class, after everyone runs away…) And, kidding aside, the same is true more generally of every class — I'm always psyched to get going at the start, to the point where I often forget about any admnistrivia and announcements because my mind is on the substance. Conversely, I am usually loath to stop, as I have so much more I'd love to say…

No, for me the fourth-scariest moment in law teaching is the pre-exam review session, when students come in with their (sometimes surprisingly picky) questions — the one time in the semester I don't have my security blanket of notes in case my mind goes blank. It hasn't yet, but what if it did?

The third-scariest moment is right after I send in my grades. How will the students who did poorly react? So far the worst experience has been with the ones who come to my office and cry, which can be very wrenching. But in the past I've also had someone (a visiting student; I trust ours would know better) call me at home and harangue me to change a grade (which our rules forbid). I even had one person, long ago, come to my office and threaten me — not, I hasten to add, with physical harm, but with an implausible claim that I'd suffer professional retaliation because the one of the student's relatives was Very Important.

And the second-scariest moment is just before I send in my exam. Exam design is very difficult, and I continually wish I could find someone to train me in it. There are so many ways things can go wrong: creation of unintentional distractions; writing questions that are too easy or too hard; writing questions destined to produce results that are hard to grade (either because there are too many minor issues or because the students all fixate on too few); and, most likely, writing questions that produce answers that are basically all alike and hence very very boring to read.

But the very scariest moment — without question — is that moment right before I open the blue books. What if I did a bad job and they didn't learn anything?

So unlike Jay Wexler, for me, all the scariest stuff is at the end.

That would be … right about now.

Posted in Law School | 1 Comment

Beer Blogging: Expedition Stout


Bell's Expedition Stout.

It's very good if you like the strong (tasting) stuff. It's also unusually thick. And very very low in fizz, which is fine with me but I suppose might bother some purists.

Apparently it's only available in winter, and in eleven oddly non-contiguous states: I defy anyone to figure out the pattern in FL, IN, KY, MI, MN, MO, NC, ND, OH, PA, VA, WI.

It's also on the expensive side, although no worse than 60-minute Dogfish IPA.

Then again, at 10.5% alcohol I'm only going to have one at a sitting if I plan to stay awake.

The back label suggests that “it's perfectly content to sit quietly in your cellar, aging and improving.” Well, fat chance of that. And not just because homes in South Florida don't have basements.

Previous beer blogging:

Posted in Food and Drink | 4 Comments

Judge Walker’s Probing Questions in Telco Immunity Case

Late yesterday Judge Walker issued an order listing 11 questions for both sides to be prepared to answer at today's hearing in the telecoms immunity hearing being held at this moment in San Fransisco. (The case is more formally known as “In re National Security Agency Telecommunications Records Litigation, Mdl No. 1791.”)

These are really good questions — and they don't suggest this is going to be an easy day for either side, but especially for the government.

I would have loved to be there; will be very interesting to hear how it went.

(Previous post: EFF Fighting the Good Fight on Wiretap Case Immunity)

Posted in Civil Liberties | Comments Off on Judge Walker’s Probing Questions in Telco Immunity Case

Won’t Be Missed

Florida Senator and national embarrassment Mel Martinez To Retire.

Should be quite a race to succeed him in both parties. I look forward to the blogger outreach….

Posted in Florida | 1 Comment