A Personal Blog
by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
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Recent Bluessky Posts- Jotwell Adlaw: Emily Hammond, Putting a Human Face on Administrative Law, JOTWELL (May 15, 2026) (reviewing Matthew B. Lawrence, Second-Class Administrative Law: Lincoln v. Vigil’s Puzzling Presumption of Unreviewability, 101 Wash. U. L. Rev. 1029 (2024)), adlaw.jotwell.com/putting-a-hu.... May 15, 2026 Jotwell
- I want some to have around just in case. May 14, 2026 Michael Froomkin
- Sounds too much like we had to kill democracy in order to save it. Making the Senate less representative of today's public is not the answer. papers.ssrn.com/sol3/papers.... May 14, 2026 Michael Froomkin
- It's termite swarming season in S Fl. Neighbors tented recently. And then we found termite carcasses in a bathtub. Tenting requires you get the food and plants out: a big hassle we've done twice and dread. But termite guy said they got in through a hole in caulking and no spread, so no tent. Yet. May 14, 2026 Michael Froomkin
- *If your language model chatbot is fed with state-controlled language, then it generates state-controlled Delvish *Rather unsurprisingly www.nature.com/articles/s41... May 14, 2026 #BruceSterling
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Author Archives: Michael Froomkin
CT Senate Race Gets Exciting Again
Matt Stoller, Debate Train to Crazy Town has the scoop on what’s happening in Connecticut. Basically, Lamont’s campaign made errors after he won the primary. They coasted, rested, recharged, lost the initiative. Lieberman surged, taking some Democratic votes and all the Republican ones.
But all of a sudden, thanks to the first three-way debate, and to the second five-way debate, both marked by an inspired no-holds-barred performance from the Republican candidate, it’s a horse race again, as the GOP voters have a reason to come home; and if they do that means squeezing Lieberman. So anyone could win.
You know you’re in an incredible political environment when you’re at an event where egomaniac Ralph Nader is wandering around, and not only is no one paying attention to him, but Ralph Nader himself doesn’t even expect anyone to pay attention to him. That was the scene earlier today in Hartford, CT, where five candidates went at each other, or mostly at Joe Lieberman, for the Senate nomination in a debate. I wasn’t feeling so good about this race a few weeks ago; it had stagnated, and the polling reflected that and will still reflect that for a week or so. Today, I think there was a decisive shift both in the dynamic of the race and in the tone of the political environment.
It’s not that Lamont has overperformed, or that Joe has melted down, it’s that Connecticut Election 2006 has gone off the deep end. It’s not your normal white picket fence suburban election, with attack ad facing attack ad. No, this is more like a white picket fence election that suddenly gets bored with life and decides to live in the forest, take a bunch of LSD, trout-fish naked, and taunt a bear cub before ending its life suddenly and with total and inexplicable resolution on November 7. Well not really, but there’s no analogy that I can think of summarizing what’s going on. What has happened is that Joe Lieberman competed in a Democratic primary, lost, and is now competing in a Republican primary, and is losing again. Meanwhile, Lamont is finally picking up renewed steam and getting back on track as a candidate. There’s energy here, real energy.
There’s lots more where that came from. Including this bit, which echoes what I’d suddenly started worrying about:
All in all, it was an impressive, serious debate, and I don’t think you could look at it as anything but a clear victory for Ned Lamont and Alan Schlesinger. Alan Schlesinger says he’s getting in money now, and he’s going to go on TV. I actually think Alan’s Perot-style message is quite resonant, and that in a totally freakshow moment he could pull enough votes from Lieberman and Lamont to eke out a weird 37% victory. That’s not likely, but it’s in the realm of the possible. …
… I think it’s pretty clear that the anti-establishment wave that’s collapsing Republicans all over the country is beginning to crumple Lieberman, just in time. Alan Schlesinger is the first candidate I’ve seen who is genuinely tapping into the frustration grassroots conservatives feel with their party, because he’s very clearly not supported by the establishment or even President Bush. As a result, Lieberman has to now make the electability argument to conservative voters, and that’s never an easy place to be since it makes your message more complicated.
Posted in Politics: US: 2006 Election
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Justice MIA
The Horse’s Mouth, United States Military Conducts Several Hearings On Detained Associated Press Photographer — Without Defendant Knowing About Them:
One of the interesting things about the case of Bilal Hussein, the Associated Press photographer who’s been detained by the U.S. military in Iraq without charges, is that it is giving us as close to a behind-the-scenes look as we’re going to get of what happens to “enemy combatants” when the U.S. military decides to disappear them from view.
…
So there have now been three hearings held by the U.S. Military against Hussein. And if the AP’s correct, the defendant himself has been at none of them. The defendant has not had a chance to present any evidence on his own behalf, or to argue his own case, or to have his representatives argue his case. Nor was he even informed of two of the hearings. In the case of the third hearing, he learned about it after it happened.
Makes you feel proud, don’t it?
Low-Commitment Canvassing
Daily Kos lets Eli Pariser explain MoveOn’s Call For Change:
Basically, it allows people to log onto www.callforchange.org from their home computers and then phone target voters in the 30 top House and Senate races around the nation. Our goal is to make 5 million phone calls to inconsistent voters who lean Democratic – we recently passed 1.5 million.
Our members chipped in millions to allow MoveOn to buy the most up-to-date lists, acquire consumer data, and use micro-targeting to ensure that every call is maximized. We used the Busby and Lamont campaigns to test our program and make it a good user experience. After Busby, a Yale study compared our phone program to others and found that it boosted turnout the most.
Part of the reason we designed the program the way we did was to make it work for parents and others who’ve want to chip in but only have 20 or 30 minutes free to volunteer at the end of a long work day – not just the super-activists. Also, folks in areas without competitive races or who live in rural areas far from campaign offices no longer have to be excluded from GOTV.
Canvass without leaving home!
Posted in Politics: US: 2006 Election
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Giving Voice to the Silenced Majority
President Bush signed the disgraceful Torture Bill yesterday.
The campaign to repeal the Bush Torture Bill, aka the Military Commissions Act of 2006, begins today. (So does the legal battle.)
There are lots of theories about how we ended up in this sad position. Here’s mine: the problem with the opposition to torture, just like the opposition to the war, is that it isn’t visible enough.
I was a kid in Washington DC during the Vietnam War.
One thing I remember vividly about those times was how visible — in your face — the opposition to the war was. I don’t mean just the demonstrations, although those were important. I mean the small things, in a day-to-day way. People wore anti-war buttons. They put peace signs on their cars. They wore black armbands. The war was an issue in the home, in the school, in the community, on TV.
Today, in big media, Keith Olbermann stands almost alone; radio and to a lesser but real extent TV and even print avoid the major issues of the day in favor of fluff and missing white women. And the coverage you get is deeply inadequate: even after the fact the New York Times, for example, treated the resolution of the faux McCain-Bush division on the Torture bill as if the administration had conceded something significant while in fact the final bill that emerged from the Senate reflected the original administration wish list in almost every way that mattered. If you rely on the big news media for your information, you would not believe in a visceral way that the opposition to the war, to Bush, or to torture, is anything near as big as polls suggest it is.
And that means that people don’t speak out as much as they might because they don’t appreciate how many of the people around them are receptive. I’m not talking about activists — I’m talking about ordinary voters and non-voters. They are the new silenced majority.
We cannot repeal this bill without Democratic majorities in both houses, and a President (probably, but not necessarily a Democrat) open to repeal. That means, among other things, someone who didn’t vote for it.
But, as too many of the Democrats in the Senate have proved by voting for this bill, they (along with John McCain) cannot be relied on to do the right thing without outside pressure. And that pressure requires, more than anything, that the opposition to this attack on the fundamentals of decency and democracy be visible in a daily and constant way.
To make that happen requires a symbol. It has to be something visible. It has to be something simple that you can make at home — it shouldn’t depend on finding a supplier or waiting for an order to turn up.
The perfect symbol should be
- unique
- easy to make
- hard for principals to throw students out of school for wearing
I propose an armband. Not a plastic wristband — a real armband that you wear on your upper arm, over a shirt or jacket. Armbands are unisex, are easy to make, can be worn over almost anything, and are visible without being overly distracting or offensive. Buttons are a more traditional way of communicating a political message, but you have to buy the button from somewhere, it’s not something easily made at home.
So, an armband. But what color armband?
Around the time of the Moratorium, people wore black armbands. Those are easy to make — most people have some black construction paper or black fabric around the house. But they’re not unique: they carry both good freight (black is the color of mourning) a other freight that is not always helpful (Iraq is not Vietnam; many people who either supported the Vietnam war, or who today don’t want to be associated with its protestors would nonetheless oppose torture).
In any case, I think that mourning isn’t quite the right sentiment; something more active would be better — something which suggests that wearers want to reclaim basic American values. That might suggest that the ideal colors would be red, white, and blue, symbolizing the desire to return to traditional American values — no torture, fair trials. But the trouble with a red, white and blue armband is that it is a lot more trouble to make than a monochrome one. I am sure if I tried to make one with three stripes out of construction paper it would fall apart.
So that brings me to white. White is a practical color for an armband — everyone has white paper or fabric. Traditionally, it’s the color of purity, something we’d like to reclaim by removing this stain in the statute books. Again, though, there’s a uniqueness problem: the white band has been adopted as a symbol by many groups in the past and even the present. For example, Make Poverty History has an ongoing White Band Campaign — although theirs is one of those plastic things..
So at present I’m leaning towards a white armband. I’d appreciate comments, though, as to
- whether a visibility campaign makes sense
- whether a white armband is the right sort of symbol
- and especially, how one gets this to take off.
Posted in Torture
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Google’s Ethnographic Study of YouTube
This secret internal ethnographic study of YouTube commissioned by Google provides the first explanation I’ve been able to grasp as to why Google would pay $1.6 Billion for YouTube.
Posted in Completely Different
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