Author Archives: Michael Froomkin

The Audience Sat Quietly

I'm happy to report that the Chemerinsky affair has come to what appears a happy conclusion. But even at its worst, that kerfuffle might be small potatoes compared to the worst interpretation (which is not the only one possible) of what is recorded in this video of U.Florida police tasering a student:

The video begins at the end of what appears from the excerpt to be the student's mildly confrontational question. But we don't know what went before — for example, did the student hog the mike for 10 minutes, refusing calls to relinquish it?

ABC News reports

University spokesman Steve Orlando said Meyer was asked to leave the microphone after his allotted time was up. Meyer can be seen refusing to walk away and getting upset that the microphone was cut off.

As two officers take Meyer by the arms, Kerry, D-Mass., can be heard saying, “That's all right, let me answer his question.”

Did he go over time a little, or a long time? Does U.Fla have a 10-second rule — go over 11 seconds and it's the pokey?

I'm certain the police will say they tasered the student for resisting arrest, and viewed strictly from the point of police procedure and starting from the rule that even people subject to false arrest are supposed to go quietly that seems plausible from the video. The student isn't going quietly — he's shouting for help and asking what he's done to merit arrest.

Yet, at another level, that defense elevates procedure over substance: Why was this student arrested at all? Dragging people away for asking a question in a public forum at a public university suggests we may be reaching a new low in civic values and freedom.

The Village Voice website asks,

1) Did this actually happen in the United States of America?
2) How is it that 98 percent of the audience sat in silence?
3) Can you believe that Kerry just kept on answering the question as if everything were normal?
4) What would have happened if the Senator stood up and told the cops to stop instead of offering weak protestation?

I think the second question is the key: Why did the audience fail to react?

Did the audience fail to react because this is a known crank who was looking for trouble and was abusive in the (seconds? minutes?) preceding this video, and they felt he had abused the audience as much as Senator Kerry, or did the audience fail to react because we're no longer shocked by people being dragged away if they ask unpleasant questions in public?

Comments — and eyewitness reports — particularly welcome.

Posted in Civil Liberties | 3 Comments

We’ll Try Harder

Top 20 Law Schools for Hispanics (with the percentages of Hispanic students and faculty for the Top 10 schools):

  1. New Mexico (27%; 22%)
  2. Miami (12%; 8%)
  3. Texas (17%; 4%)
  4. USC (16%; 6%)
  5. American (14%; 6%)
  6. Florida State (8%; 7%)
  7. Arizona State (15%; 7%)
  8. Stanford (11%; 7%)
  9. Arizona (12%; 8%)
  10. Florida International (28%; 17%)
  11. UCLA
  12. BYU
  13. George Washington
  14. Florida
  15. Illinois
  16. Colorado
  17. Connecticut
  18. San Francisco
  19. DePaul
  20. Southwestern

via TaxProf Blog.

Posted in Law School | 2 Comments

Where’d My Clock Go?

The clock in the left margin is (was?) powered by clocklink.com, which seems to be having some troubles today:

Unable to request URL from host www.clocklink.com:80: tried all of the host's addresses:

1. www.clocklink.com/216.230.241.101: Connection refused
2. www.clocklink.com/216.230.241.102: Connection refused

I hope it's temporary.

Posted in Discourse.net | 3 Comments

Hot Downloads

Open Office 2.3, latest version, released this week.

Ventus by Karl Schroeder a novel, released under a Creative Commons license.

Posted in Internet | Comments Off on Hot Downloads

For Sale, Slightly Used

Reprinted without comment: Ananova – Belgium up for sale on eBay

Internet auction site eBay has removed an unusual lot – the country of Belgium.

Bidding had reached 10 million euro before eBay withdrew the spoof sale, reports GVA.

It was put up for sale by former journalist Gerrit Six who wanted to protest that Belgium still had no government, 100 days after its elections.

The advert said: “Belgium a kingdom in three parts. Possible to buy it as a whole, but not advisable.

“Possible the three parts separately but beware of the public debt of 300 million euro.”

Bidding started at one euro and reached 10 million euro after 26 bids before eBay removed it from the site.

Actually, I can't resist one comment: it would have been fun to write the disclaimers, warranties and representations if it were an actual sale…

Posted in Completely Different | Comments Off on For Sale, Slightly Used

Firms That Lie to You

There is only one company I deal with regularly that has lied to me more often than my DSL provider, and that is my bank. I am gradually writing about my latest bank saga, but that's for another day.

The new modem was promised for Saturday. They swore up and down that they do Saturday delivery. Since the last time a modem died it also died on a Thursday and I had to wait until Monday, I didn't believe them, except I sort of did, because I wanted to.

But it was a lie.

The modem arrived today, not Saturday (and I only just got home and haven't the energy to try to install it). But that's not all. The nice phone person promised — promised! — that it would be the same Westell brand model I had before, assuring me that of their modems it was the best. The box has a Netopia modem in it.

To round out the story, the old modem has decided it liked its rest and is working again.

The warranty replacement requires me to send back my old modem, so I can't just keep the new one as a spare.

Posted in Shopping | 2 Comments