Author Archives: Michael Froomkin

A Day in the Park in Didsbury

I am currently in East Didsbury. Didsbury is a little village which has been subsumed into greater Manchester and now falls just within the outer limits of the city. Long known as a home to academics from the nearby University of Manchester, in recent years Didsbury, or at least West Didsbury which is the other part of town, is also gradually becoming something of a fashionable home to media figures of various degrees of fame. The formerly sleepy village center has long enjoyed a first-class cheese shop, the Cheese Hamlet, but in recent years has also accumulated an increasing number of nice restaurants with a variety of Asian and Mediterranean cuisines.

On Saturday we walked a few blocks to a local park which was the setting for the annual village fair. In addition to rides for the kids, there were dozens of booths either raising funds for good causes (mostly local schools) or publicizing good causes (everything from local history to Amnesty International and helping Darfur). What particularly struck me, however, was the large sign on the booth that had the most prominent location by the entrance, “Free the Miami Five”.

The booth, it seems, belonged to the Cuba Solidarity Campaign, a group that sports three web sites, and which has gotten very worked up about the trial of five Cuban agents convicted in 2001 of conspiracy and being foreign agents. From what I recall of the trial — being here on a slow and expensive dial-up link I'm not going to look up the details (but invite commentators to do so) — there were valid questions about whether a Miami jury could give alleged Cuban agents a fair trial, or whether the trial should be moved elsewhere. And, if I recall, not all the judges who looked at the issue were of the same view. And although, from what I recall, the basic mechanics of the trial were fair, a reasonable person could question the decision as to the jury. In fact, my knee-jerk reaction — not knowing the facts of how the actual jury was selected, which I'm sure might change my mind — is that a change of venue to somewhere less reflexively anti-Castro might have been a pretty good idea to ensure the fairness of the jury pool.

What's odd, though, is to pick on this case, of all the justice-related issues in the USA (much less the world), as the one to make an issue of in a park in East Didsbury. If I were going to try to get the good people of Didsbury worked up about a US justice issue, or a Cuba-related justice issue, I might start with Guantanamo. Somewhere not too far down the list we might have the treatment of political dissidents in Cuba itself. Or maybe the move in Florida to cut the pay of court-appointed defenders in order to save a buck and make sure that they can't afford to mount much of a defense. The “Miami 5,” for all that there may be a question about the underlying fairness of the jury selection for their trial, would not be near the head of my list.

I have no idea to what extent the “Cuba Solidarity Campaign” represents something genuine among the British soft left, or to what extent it is funded by the Cuban government or whatever remains of the Communist International. Despite its location, their booth didn't seem to be nearly as popular as the ones offering used books, or the various tombolas, or the one selling very good Indian snacks. Still, “Free the Miami 5” was a funny first thing to see at at the Didsbury fair.

Posted in Law: Criminal Law, Miami, UK | Comments Off on A Day in the Park in Didsbury

UK Update

I got my luggage. Clean clothes — nice.

The big news, in the Guardian at least, for the last few days, has been the role of the British government in what appear to be a series of giant quarterly payments, more than $2 billion in total (yes, two billion) to Prince Bandar bin Sultan of Saudi Arabia. The payments have both domestic and international ramifications. Domestically, here in the UK there are issues about who lied to whom to coverup what. There may not be domestic Saudi legal issues if, as Bandar claims, the money flows were blessed by the Saudi defense ministry … conveniently run by his dad. (Here's the Guardian version and the NYT version).

Internationally, there are issues about why the UK is paying off Saudis (aren't they the ones with the money?) — although we know the reason is to get arms sales. And what it meant for the man who was for a time thought to have been GW Bush's prime adviser on foreign affairs (during his first Presidential campaign, and early in the first term) to have been on the UK take. How this ties into the decision to invade Iraq, I'm not quite sure, but it wouldn't surprise me.

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More Travel

After that trip to the great identity conference in Italy, I spent a pleasant weekend at my 25th (!) college reunion. Then home for a couple of days, and now I am vacationing in the UK. Without luggage, which is still in Boston.

We used frequent flyer miles for this trip, which means we could add a second stop at no cost, so in about a week the family will go to Istanbul, which is a place I've always wanted to visit. Using the miles meant we had to take the flights available, and when you are a party of four, there are not many. So we are only staying five days, and then it will take us two days to get home.

Once I recover from jet lag, I hope to blog about my experiences with the passport office…

I will have some connectivity here in the UK, so I expect to post now and then. While I'm in Turkey, the site will be in the hands of a wonderful guest blogger, about whom more soon.

Posted in Personal | Comments Off on More Travel

I Predicted This Years Ago

Inside Bay Area – Lawyers dig into FasTrak data reports that civil and divorce lawyers are using commuter records to make their cases,

As the number of cash-free bridge commuters rises, so do the ranks of divorce lawyers and other civil attorneys who have subpoenaed, and received, personal driving records from the agency that oversees the regional e-toll system.

Subpoenas that MediaNews obtained under the state Public Records Act turned up several cases over the last two years in which the Metropolitan Transportation Commission released FasTrak subscriber records in civil disputes.

The records include logs of the date, exact time and bridge where a car using FasTrak rolls through a toll plaza at any of the eight Bay Area spans.

“Part of the reason Fred has not had success … is that he takes too much time off,” claimed a woman who sought her husband's toll activity in one divorce case. “His transponder records … will show how little he works.”

I predicted this a long time ago when I wrote about technology and privacy, notably in The Death of Privacy?, 52 Stan L. Rev. 1461 (2000).

Continue reading →

Posted in Law: Privacy | 5 Comments

Anti-DRM T-Shirts

Here's a chance to vote for your favorite Anti-DRM T-Shirt Design.

Posted in Law: Copyright and DMCA | 2 Comments

Wyoming Law on Appointment of Senators

Recently re-elected Senator Craig Thomas has died.

Here, for the ghoulishly curious, is the relevant part W.S. § 22-18-111, the relevant Wyoming law on how a vacant Senate seat gets filled:

(i) If a vacancy occurs in the office of United States senator or in any state office other than the office of justice of the supreme court and the office of district court judge, the governor shall immediately notify in writing the chairman of the state central committee of the political party which the last incumbent represented at the time of his election under W.S. 22-6-120(a)(vii), or at the time of his appointment if not elected to office. The chairman shall call a meeting of the state central committee to be held not later than fifteen (15) days after he receives notice of the vacancy. At the meeting the state central committee shall select and transmit to the governor the names of three (3) persons qualified to fill the vacancy. Within five (5) days after receiving these three (3) names, the governor shall fill the vacancy by temporary appointment of one (1) of the three (3) to hold the office.

So the state GOP proposes three names, the (Democratic) Governor picks one.

However, if I read the following correctly, the appointed Senator serves only until a special election (held at the next general election) to determine who will fill out the rest of the term:

Any vacancy in any other elective office in the state except representative in congress or the board of trustees of a school or community college district, shall be filled by the governing body, or as otherwise provided in this section, by appointment of a temporary successor to serve until a successor for the remainder of the unexpired term is elected at the next general election and takes office on the first Monday of the following January.

Congressional representatives have their own statute. I presume the next general election is November 2008, but invite correction if there is one earlier.

Posted in Law: Everything Else | 2 Comments