Author Archives: Michael Froomkin

More on Class Cancellations

Yesterday’s post on class cancellation got interesting responses here and elsewhere; like Dr. Steven Taylor, I think the best was by former guest blogger Jon Weinberg, who wrote

I don’t think that the conflict is between teaching classes (doing my job) and attending conferences (self-centeredly blowing off my job). Attending conferences (either to present papers, or just to learn stuff that feeds into my teaching or writing) is my job, just as teaching is. Being a member of a scholarly community — including the part of that community that isn’t in Detroit — is a big part of what the university pays me to do.

I do think I need to add one clarification to what I wrote: when I ‘cancel’ a class, whether for Yom Kippur or a conference, I almost always reschedule it (one rare exception was last year, when we lost so much time due to having two hurricanes — but even there we clawed back to within 30 minutes or so), so we’re really talking about rescheduling rather than canceling classes.

I didn’t make this clear because it never occurred to me that there was another serious option. From some of the discussion that I’ve seen elsewhere, however, I gather that in some places ‘canceled’ means ‘canceled for good’. I think that’s much more problematic. And at some point, very quickly, you might even fall below the number of class hours required by the ABA.

Posted in Law School | Comments Off on More on Class Cancellations

‘The Best War Ever’ Publicity Video

The publicity video for ‘The Best War Ever’



Much more accurate than P2911.

Posted in Iraq | 1 Comment

On Canceling Classes

Prof. Bobby Chesney asks if it’s ok to cancel a class for a conference. Will Baude, Yale Law student, channels Felix Frankfurter and says that it would be something akin to a violation of a ‘sacred trust’:

So I think a very strong presumption against sacrificing class even further to one’s other professional ambitions is at the very least an ideal. I would like to hope that is not too much to ask for.

It’s probably close to what I would have said when I was a student there.

Where you stand depends on where you sit. It’s easy to say that stuff when you are at a school which is on the East Coast corridor, and where most people will come to you, and where the school’s name will get faculty invited to things, published, and noticed even they don’t show up. Out here in the provinces, if we want to attract top faculty and have them participate actively at a national and international level, we have to assure them they will not become unpersons for eight months of the year.

We think, perhaps self-servingly, that it’s in the students’ interest to be taught and supervised by people who are involved in new and important things things in an active way. But when it’s a long way to that meeting, it’s not a day trip (and ever more so in these days of uncertain and encumbered air travel). So we have to compromise the ideal or pay an unacceptable price. Note also that most of us teach more hours per year than they do at Yale, so we have fewer days of the week free. Plus if you are lucky enough to be in demand, conferences sometimes book you a year in advance — well before you know your teaching schedule…

I do everything I can to avoid canceling classes, but I would guess I average about one to two days canceled a semester to give a paper at a conference or to participate in state, national, or international law reform activities. Should I have said no to the Chief Justice of the Florida Supreme Court when he asked me to serve on a committee on privacy and court records? Even though, modesty aside, I was probably the legal academic in the state who knew the most about the computer and privacy issues? I’d have loved to avoid that chore, but it seemed like something I ought to do. Even if it meant rescheduling a class or two. Was it just “professional ambition” to accept invitations to give papers at big conferences in my field at Yale or Harvard or Stanford? No doubt in part; but I also learned a lot by going and met some great people, some of whom are still my teachers. Part of that, I hope, filters into the classroom.

I agree that too much of a good thing would be bad; and I think the event has to be pretty important before I’d cancel a class. But if Miami didn’t have a policy that gave me some flexibility, my work would be a lot poorer for it, and so too would some of my teaching.

Makeups are unpopular with students, and rightly so; and what’s acceptable could easily grow into what’s oppressive or unfair. We do have a makeup time in our schedule when no one has classes, which should make it theoretically easier. In practice there’s always someone with an internship or something, so it’s never perfect. But I think the tradeoff is far more complex than Mr. Baude suggests — especially outside New Haven, Cambridge, and at most a handful of other schools. On balance, I think I and my students benefit from the number of things that my colleagues and I do — much of which, given our geography, would not be possible if we had a more rigid rule on rescheduling classes.

I have to add that almost invariably our students are unbelievably gracious about it (at least to my face) when I explain to them what is going on and why I’m rescheduling a class. And I appreciate it.

Posted in Law School | 4 Comments

This Should Help the ‘Path to 9/11’ Libel Case

Via Daily Kos, Disney/ABC Highlighting Faked Scenes In Ads For 9/11 Terror Porn, a heads up to this You Tube version of the ‘Path to 9/11’ Trailer being shown abroad: Starting with the words “Official True Story” and containing fictional scenes (see the story board at Redstate).

It’s just a movie?” If there is libelous content in the show by the time that it’s aired, I don’t see how even a disclaimer during the show could undo the effects of this advertisement, one which promises us the shocking truth. I don’t know exactly where this ad is being shown, but if it is being shown in England or in Australia or New Zealand, it could prove to be an expensive choice.

Then again, the writer at Daily Kos speculates that ABC/Disney may edit the most libelous scenes in the ‘The Path to 9/11’ in order to obfuscate who is doing what — in other words, leave the fabrications in place so as not to upset the blame-Clinton narrative which is apparently the core of the show (“how they could have wiped bin Laden out; they didn’t, but why? …”he’s right there”; how one decision changed our world…can’t you give the order?…I don’t have that authority”), but fuzz the parts identifying people by name that might be most actionable.

ABC/Disney should wake up and pull this horror before they trash their brand. Disney is a diversified company with a market capitalization of almost $62 billion. Even so, I wonder how long before this starts affecting the stock price.

Posted in 9/11 & Aftermath | 4 Comments

The Walt Disney Company Standards of Business Conduct Illustrated

Walt Disney Standards of Business Conduct Illustrated

All quotes verbatim excerpts from Walt Disney Standards of Business Conduct; illustrations shamelessly hotlinked from all over.

Dear Fellow Disney Team Member:

Throughout the years, our guests, audiences, consumers and shareholders have come to depend on us for quality, creativity, innovation and integrity.Karl Rove
Bush with Ears
People trust us because of our commitment to them and to the standards to which we hold ourselves. We alone are responsible for upholding our excellence and our integrity. This means acting responsibly in all our professional relationships, in a manner consistent with the high standards we set for our business conduct.

Mickey 9/11
Upholding legal standards of conduct, while mandatory for every Cast Member and employee, is not enough. We are also responsible for maintaining ethical standards. These standards govern how we treat everyone with whom we have contact. These are standards of integrity… honesty… trust… respect… fair play… and teamwork.

Path to 9/11 w/ Mickey

In short, these are the standards we want Disney to continue to uphold in the years to come. Your company believes that its behavior as a business should reflect the commitment to the values set forth in these “Standards of Business Conduct.”

gop-tv

The Standards in this booklet explain both our legal and ethical standards. Please read them. Be familiar with them. Act on them. And don’t be afraid to speak up when you have a concern or a question. Talk to your supervisor, your respective Human Resources representative, or the Corporate Legal Department.

Our Standards of Business Conduct are here to guide our behavior and to help us live up to the highest expectations of excellence that are “Disney.” As we continue to create Disney magic, I hope your actions show your pride in yourself, those you work with, and the Company.

– Bob Iger
  President and Chief Executive Officer

20060908-swiftboatbobbie1.jpg

Our guests and customers expect and deserve the best.

Quality
The Walt Disney Company and its subsidiary and affiliated companies (collectively the “Company”) are recognized around the world as providers of high-quality entertainment of all kinds, including films, television shows, attractions, consumer products, stores and resorts.

Path to Propaganda

Our Company’s reputation is a heritage that we must safeguard.

It is our goal to provide a reasonable return to our shareholders, and to increase the value of their investment. At the same time, we must be sure to protect the business and reputation of our Company, so that the Company can and will continue to live up to the expectations of shareholders, guests, customers, Cast Members and employees. Honest and ethical behavior in all matters relating to the business of the Company contributes significantly to achieving these goals.

Conflicts of Interest

Our business is built on public trust and confidence, and the expectation of our guests and customers that they can depend on our products and services.

willful deception

To ensure that we deliver our very best, we require the full and undivided dedication and efforts of all of our Cast Members and employees. Moreover, every Cast Member and employee must avoid conflicts of interest or the appearance of conflicts of interest in the performance of his or her job. Conflicts of interest or the appearance of such conflicts could also damage the Company’s good name.

Mickey's Lying About It

Accurate Reporting
Each individual shall report and record all information, and complete Company documents, accurately and honestly.

L. Accountability for Compliance with the Standards of Business Conduct

The standards referred to herein are mandatory and apply to all employees and Cast Members, who will be held accountable for compliance with the Standards. Failure to abide by applicable standards may lead to disciplinary action up to and including termination. Additional standards may apply to employees of specific business units or locations. Thus, for example, station and network programming and news personnel are subject to additional standards which are set forth in other documents.

Mickey and Towers

M. Dealing with Improper or Illegal Behavior, and Suspected Violations of Law (continued)

Cast Members and employees are encouraged to talk to their supervisors or managers when in doubt about the appropriate or ethical course of action in a particular situation. Every Cast Member and employee must report any unethical, improper or illegal behavior, or any suspected criminal activity involving or relating to the Company. The Company also must be made aware of any complaints regarding accounting or auditing matters, as well as its internal controls. Thus, any Cast Member or employee who believes, suspects, or becomes aware of any complaint that anyone at the Company is acting unethically or is violating, or has violated, any law, governmental rule or regulation on behalf of the Company, must report this to the Guideline or to the Corporate Legal Department. The Company believes that it is most helpful when a Cast Member or employee making such a report identifies himself or herself; however, it is not required. While, in any event, the confidentiality of any person reporting unethical, improper or illegal activity will be protected to the extent possible under the circumstances, reports will also be accepted anonymously. Moreover, the Company strictly prohibits any form of retaliation against anyone who reports unethical, improper or illegal activity.

ouch

The Guideline (800) 699-4870

The Guideline is one way for employees, Cast Members, vendors, suppliers, customers, and others to report 1) questionable activities – including questionable accounting or auditing matters; 2) complaints regarding the Company’s accounting, internal accounting controls or auditing matters; or 3) to ask for guidance on any work-related issues, or to make the Company aware of any suspected unethical or illegal conduct, or violation at the Company.

The Guideline may be called any time, day or night, as it is available 24 hours a day, 365 days a year. The Company strictly prohibits any form of retaliation against anyone who reports any suspected wrongful conduct to the Company or any governmental agency. Reports are accepted anonymously, and the confidentiality of all reports will be maintained to the extent possible.

Posted in 9/11 & Aftermath | 6 Comments

American Airlines Should Sue ABC Too

American Airlines has extensive operations in the UK. It looks like they might have a great case against the makers of ‘The Path to 9/11’: American Airlines to blame for 9/11, Disney/ABC movie falsely claims:

I’m just wondering when American Airlines is going to realize that it’s about to be defamed in the entire English-speaking world.

As I first noted yesterday, I have the entire “Path to 9/11” video. And one of the very first scenes makes it explicitly clear that American Airlines had Mohammad Atta in its grasp, warning lights flashing on the computer screen, yet the airline simply blew off the threat and helped Atta kill 3,000 Americans.

Unfortunately, it’s a total lie.

Besides England, there’s hay to be made in New Zealand and Australia (where apparently the film is being marketed as “the story of exactly what happened” on 9/11 !).

As AmericaBlog says, the potential damages are so large that when the dust settles ABC might stand for ‘Albright, Berger and Clinton.’ Plus the corporate plaintiffs…

Posted in 9/11 & Aftermath | 7 Comments