Author Archives: Michael Froomkin

Best Wishes to Bar Exam Takers

Best wishes to all UM students taking the bar exam today. It's a rotten experience, but unavoidable if you want to practice law.

I recall a few aspects of the two-day New York Bar exam vividly, although most is now mercifully forgotten. I remember on day two, the essays, discovering that I suddenly couldn't recall which way the mailbox rule worked. Fortunately, all the questions about it had been on day one. (Why I was thinking about it, if there wasn't a question, I don't now recall.)

And I remember my joy on day two when the complex, but do-able, wills and estates question concluded with the instruction “FOR THE PURPOSES OF THIS ESSAY IGNORE ALL ESTATE TAX QUESTIONS” — a great source of happiness as estate tax was the one (minor) subject (of, I think, 17 “minor” subjects and six “major” subjects) where I had completely failed to understand the review lecturer or the books, and one that remains largely undiscovered by me to this day.

And I remember thinking as I walked out — “I may not have to take another test ever again. Unless they make me take a driver's test again when I'm 70.” Strangely, it did not occur to me that had I failed this would not be true, even though I had no strong sense of how well or badly I had done, other than I had felt prepared for the questions.

And indeed, I passed. And so, I trust will my former students.

So far, I have avoided having to take any further tests, although I have not at all avoided further forms.

Previous relevant postings: Anyone Can Fail the Bar Exam — but really, don't panic — and Bar Pass Rates are Over-Rated As A Measure of Law School Quality.

Posted in Law School | Comments Off on Best Wishes to Bar Exam Takers

Everybody’s Doing It

Bill Clinton has a blog.

Posted in Blogs | 5 Comments

I’d Really Rather Hear About Her Healthcare Plan

Much that is rancid about the state of mainstream American journalism is exemplified by this article in today's Washington Post, Hillary Clinton's Tentative Dip Into New Neckline Territory, which begins,

There was cleavage on display Wednesday afternoon on C-SPAN2. It belonged to Sen. Hillary Clinton.

It's enough to make you shrill.

Posted in Politics: US: 2008 Elections | 4 Comments

I Get The Oddest Emails

In addition to the hundreds of spams with foreign character sets and/or random texts designed to overwhelm spam filters, in addition to the phishing and the pills and the various ads, I also get a lot of mail from PR and advertising lists I never subscribed to. Much of it is political, created by people trying to push info to bloggers. Some of it, the more welcome part, is academic — calls for papers or conference announcements. But some of it is inexplicable. Take this example from today's inbox:

Attached, please find CAPWIP's Invitation and Information Sheet for the forthcoming 8th Training on “Making Governance Gender Responsive (MGGR)”, which will be held on November 12-19, 2007 in Manila, Philippines.

How, I wonder, did I get on that list? It's a good cause, I'm sure, but I'm not going to Manila for a week of it.

Posted in Internet | Comments Off on I Get The Oddest Emails

Internet Radio Hangs by a Thread

Copyfight: the politics of IP has the gory details at When is a Reprieve Not a Reprieve..

The music didn't die last week. But now it's being subject to carefully calibrated extortion.

Posted in Internet | Comments Off on Internet Radio Hangs by a Thread

Fischl on the University of Miami Strike

Former colleague Michael Fischl, now of the University of Connecticut School of Law, has a new article up at SSRN, The Other Side of the Picket Line: Contract, Democracy, and Power in a Law School Classroom which will appear in 31 New York University Review of Law & Social Change (2007).

Abstract:

This essay – from a forthcoming symposium on “teaching from the left” in the NYU Review of Law & Social Change – offers an account of the successful union organizing campaign among custodial and landscaping workers at the University of Miami during the 2005-06 academic year, focusing in particular on the role played by faculty during the course of the campaign. It examines a fractious debate generated by faculty who held classes off campus in order to support the striking workers and the author's own decision to put the question of whether to honor the picket line to a vote of his students. It offers an analysis of the pattern of argument that emerged – with opponents of off-campus classes invoking the rhetoric of contract and supporters invoking the rhetoric of democracy – and of what that pattern may reveal about the nature of ideological conflict in contemporary campus culture.

An engaging and thoughtful essay that will be of interest to contracts teachers, labor lawyers, and union supporters generally.

Also of interest is the post-posting history of this article, in which anti-union Google ads appeared automagically on SSRN alongside the article. See Google Ads on SSRN—and Some Odd (shall we say) Juxtapositions for details.

Posted in U.Miami: Strike'06 | Comments Off on Fischl on the University of Miami Strike