Author Archives: Michael Froomkin

Moral Turptitude

Libby Destroyed Evidence Prior To Testifying, Cheney “Deeply Involved”.

At what point does this sort of behavior stop being politics as usual and instead become high crimes and misdemeanors?

Posted in Politics: The Party of Sleaze | 1 Comment

Were Those Miami-Dade Electoral Mailings Fraudulent?

It's election day today on the Charter Reform, and I'm going to vote FOR it. If you're a Miami-Dade County resident and registered to vote, I urge you to do the same. Turnout will be very light so your vote counts more than usual.

Meanwhile, it's business as usual.

Fraudulent mailings is an old Miami tradition, and it looks as if the lurid mailings I blogged about the other day could be in keeping with tradition.

At least, that's the story at Eye On Miami, FRAUD ALERT in Miami! Political Action Committees and mass mailing by geniusofdespair. It seems that the “Citizens for Unity and Common Rights PAC” is remarkably hard to find. And that its main protagonist, supposedly one Bernardo Bestard, is also sort of hard to find — and has a remarkably protean signature.

Posted in Miami | 1 Comment

Krugman Blogs Health Care

Paul Krugman blogs on healthcare:

I'm amazed at the way “government health care” is still a scare-term, when 90 million Americans already get insurance from Medicare, Medicaid, or other government programs including [federal employees] and the V.A. system — and most of them find their care just fine. Actually, government insurance is already bigger in dollar terms than private insurance (private spending is 55 percent of health spending, but a substantial fraction of that is out of pocket.) And somehow nobody notices.

Posted in Politics: US: Healthcare | Comments Off on Krugman Blogs Health Care

Why Not Blame the Boss?

The Daily Business Review has a story today about a real screw-up by the US Attorney's office here in the Southern District of Florida. The article doesn't seem to be online, but you can read a quick summary at David Markus's blog:

Judge Moore had refused to grant a continuance in the past. This time, he granted the government's request for a continuance, but he was not happy about it. Apparently the government threatened to dismiss the entire indictment if the continuance wasn't granted. Both sides have reason to be upset — the defense prepared for trial, made reservations for hotels in the Keys, flew in witnesses and so on because this was a firm trial date. The prosecution is rightfully upset because the lead prosecutor has been ill and in the hospital, which is, of course, good cause to continue the case.

Here's what I want to know: neither the DBR nor Mr. Markus connect this fiasco to the current, rather inexperienced, management at the Southern District. Yet, one of the many things that went wrong, and which the full article makes clear angered the judge, is that the number two lawyer on the case left the US Attorney's office some time ago, but apparently no one told the other side or the court. And when the lead lawyer got ill, there was no backstop in place, the government was at the last minute unprepared for trial, and it had no choice but to say it would dismiss if a continuance wasn't granted.

Why isn't this sort of management failure exactly the sort of thing that should be the responsibility of Mr. R. Alexander Acosta, who despite relative youth and rather thin credentials was parachuted into the job over the heads of the deputy US attorney, who had about 20 years of experience, and was recommended by the previous incumbent?

I'm not and never have been a prosecutor, so the question is more than rhetorical. Anyone know?

Posted in Miami | 1 Comment

Dershowitz on Stimson

It doesn't happen very often — hasn't happened in years — but I'm in total agreement with something Alan Dershowitz has written. See his letter to the editor at the New York Times A Lawyer's Free Speech, in which he argues that attempts to use bar discipline procedures against Charles D. Stimson are misguided.

Firing, on the other hand…

Posted in Law: Ethics | Comments Off on Dershowitz on Stimson

Move Over “Truthiness” — Here Comes “Researchiness”

Gotta hand it to the folks at Free Exchange on Campus. They know how to get their point across:

Everybody certainly now knows that “truthiness” is a fundamental tenet of politics.  How else would we be able to separate out who knows the truth in their gut and those who want to over-think everything?  But still, there are those who continue to press for evidence to support public policy positions.  Luckily, there is an answer.

Here is the problem: academics, scientists, think tank fellows, and other trouble-makers are always talking about their “methods” (I think there is even something they call the “scientific method”) and their “criteria” for conducting studies–you know the ones: testing hypotheses, double-blind studies, repeatability, objectivity, etc.  But what does that get us?  Just more studies, more questions, more complexity–and really, is that useful?  Of course it isn’t.  What we need is some research that helps us prove what we already believe.  Because who can argue with research, right?

I’m not talking about the kind of research with all those standards that get in the way of getting results. I’m talking about starting with a conclusion you want to support, doing a few “scientificy-looking” studies and then writing a report–a report based on what we call “researchiness.”

Here is what I am talking about.  Say you want to show that professors are a bunch of bleeding-heart liberals who are obsessed with controlling the minds of all those innocent freshman entering college each year.  What better way than to randomly go through a few course catalogs, find the types of courses that you ideologically disagree with, and then write a report as if those courses represent the whole of higher education?  So much easier than actually looking at all 4,000-plus institutions and all of the courses offered–that would just take too long.  And besides we already know most colleges are one-step away from a gulag.

Or maybe you are trying to show that these crazy liberals are too concerned with seeing education as a means of creating more opportunities for all students.  Sure they call it “diversity,” but we all know what that really means–keeping the rich and privileged those who deserve to go to college down!  Let’s not get bogged down in any economic analysis of access to college or who benefits most from college.  Again, too much data collection–not to mention math!  Besides, Google can do all that work for you just by counting the number of times the word diversity shows up on a college website.  It is just so much easier when you know what you want to say before you start.

And of course the best part of researchiness is that you can refer to other researchiness reports as evidence of your own findings.

So, it seems unfair that there is this new report out The “Faculty Bias” Studies: Science or Propaganda (PDF) that is trying to hold a set of recent researchiness studies to scientific standards.  C’mon.  These are not supposed to be actual research studies.  They aren’t looking to discover anything.  They are trying to prove what they already know! 

So, you can just go tell this Dr. John Lee to take his “social science criteria” and his “findings” and go back to wherever he came from (my bet is some university!).  These pseudo-scientists already know what they know and there are just trying to put together some baseless claims evidence to support for their predetermined positions.

But if you insist on actual research standards and are too afraid to stand up for what everyone should just know in their gut (supported by researchiness, of course), then I guess you can read the silly report (PDF).

Posted in Politics: US | 1 Comment