Author Archives: Michael Froomkin

AP Blows the Lede

Here’s a slightly reformatted version of what I emailed the AP just now:


I have rarely seen a more transparently biased lede than one that appears on Rumsfeld reaches out to Democrats by ANNE PLUMMER FLAHERTY.

She writes “Defense Secretary Donald H. Rumsfeld reached out to Democrats late Friday, opening up the door for them to retract their stinging indictment of him as Pentagon chief.”

The clear sense of this opening is that Rumsfeld has performed a gracious action, kindly allowing the Democrats to return to the path reason, away from some horrid corner they have painted themselves into. It fails utterly to reflect the reality that the Democrats (and indeed, the majority of the American people) were compared to appeasers of Hitler, and more or less accused of treason. And it leaves out the key fact that Democrats are organizing to pass a motion of censure against Rumsfeld.

Contrary to this biased lede, it is Rumsfeld who has painted himself and his country into a corner. And the Democrats have neither need nor desire to retract their indictment of him — nor their motion to censure him.

Suppose the lede had been “Running scared from Democratic condemnation of his attack on their patriotism last week, Rumsfeld furiously backpeddled from his divisive remarks earlier this week.”

That would be biased too (although it would also be closer to the facts in the article).

A more neutral lede would have described what Rumsfeld did today in the context of what HE did in his previous speech, and would not have accepted his office’s spin on what his motives were or on how Democrats were supposed to react.

Incidentally, one party doesn’t need the “door opened” by another to take a position. And any rational person would know that the Democrats are not about to suddenly embrace Rumsfeld or his war because he issues a new statement which not only fails to retract his earlier attacks but actually in substantial part endorses them.

I really expect better from the AP.


OK, maybe that’s not strictly true: I hope for better from the AP, but I’ve stopped expecting it.

Update: And, naturally, the Washington Post just printed the whole thing.

Update 2 [Sept. 2]: The Horse’s Mouth — an absolutely wonderful blog for any politics junkie, by the way — deconstructs Rumsfeld’s latest statement and accurately describes it as “pure bullshit” in light of his earlier remarks.

Posted in The Media | 1 Comment

Microsoft: Open Source Should NOT be Part of the ‘Future of Higher Education’

Inside Higher Ed has a fascinating story about a Microsoft executive’s partly successful attempt to undermine an endorsement of open source software in a report by a national commission on education.

Changing the Report, After the Vote: Except for David Ward, president of the American Council on Education, every member of the Secretary of Education’s Commission on the Future of Higher Education found enough to endorse in the draft the panel produced last month to support it over all. All of them, certainly, also found some aspects of the report objectionable, yet swallowed those objections and agreed, at a public meeting August 10, to sign the report. The panel’s members agreed at the time that the report would undergo only minor copy editing and “wordsmithing”� between then and when it was formally presented to Education Secretary Margaret Spellings later this month.

That agreement was nearly imperiled last weekend, though. Gerri Elliott, corporate vice president at Microsoft’s Worldwide Public Sector division, sent an e-mail message to fellow commissioners Friday evening saying that she “vigorously” objected to a paragraph in which the panel embraced and encouraged the development of open source software and open content projects in higher education.

Microsoft didn’t get everything it wanted, but it got more than half a loaf: as a result of a lot of back-and-forth detailed by Inside Higher Ed, a ringing endorsement (“The commission encourages the creation of incentives to promote the development of open-source and open-content projects at universities and colleges across the United States…”) got severely watered down to a pretty mealy-mouthed statement (“The commission encourages the creation of incentives to promote the development of information-technology-based collaborative tools and capabilities at universities and colleges across the United States, … Both commercial development and new collaborative paradigms such as open source, open content, and open learning will be important …”).

I keep trying to get our university to use more open source software, or at least to offer it as an alternative to the commercial stuff. It’s an uphill battle especially at the applications level. Yet I still believe that in a school in which a substantial fraction of the class will end up in very small firms, we have a duty to teach people how to use free tools rather than saddle them with habits which will contribute to high overheads.

Posted in Law: Copyright and DMCA | 1 Comment

Perhaps Not What Thurgood Marshall Would Have Chosen

The political bloggers are having a nice chuckle about the continuing and well-deserved pain being inflicted on Sen. George Allen for his on-camera racist remark. Couldn’t happen to a nicer guy. The latest two chapters are that the Senator undercut his own apology by saying that “no one cares” about the issue — it’s all the media’s fault — and now by feeling compelled to turn down an award for “Leadership” offered by Thurgood Marshall Scholarship Fund

But wait a minute: how on earth did it come to pass that the Thurgood Marshall Scholarship Fund ever came to offer any sort of honor to such a notorious champion of the Confederate flag?

I’m pretty sure if Justice Marshall were alive today he’d have something earthy to say about it.

Posted in Politics: US: 2006 Election | Comments Off on Perhaps Not What Thurgood Marshall Would Have Chosen

Just One Question

Sent to me via email:

A woman in Hohhot, the capital of north China’s Inner Mongolia region, crashed her car while giving her dog a driving lesson, the official Xinhua News Agency said Monday.

No injuries were reported although both vehicles were slightly damaged, it said.

The woman, identified only be her surname, Li, said her dog ”was fond of crouching on the steering wheel and often watched her drive,” according to Xinhua.

”She thought she would let the dog ‘have a try’ while she operated the accelerator and brake,” the report said. ”They did not make it far before crashing into an oncoming car.”

Just one question: Does she have relatives who live in Miami?

Posted in Completely Different | Comments Off on Just One Question

Notes from the Cultural Treadmill

As regular readers may have noticed I have great respect for (and even greater fascination with) the views of MIT prof and culture boffin Grant McCracken on most subjects other than Yale.

So of course I pay attention when Prof. McCracken writes of the new OK Go video that You have to see this video,

It’s not like anything I have ever seen before. It is astonishing, in a very low key, very low tech, utterly wacky, entirely brilliant way.

…What new developments in contemporary culture does this portent? It’s kind of like syncronized swimming without the swimming? Rock and roll has always made a near fetish of being more rough than ready, more chaotic than formed. And this most be one of the reasons this video is such arresting (and arrested), so genre busting, so sincere on the one hand, so ridiculous on the other.

Judge for yourself. For me, it’s not the greatest video, although it does look like an impressive exercise routine. Admittedly, the Rockettes and synchronized swimming always left me cold too.

On reflection, I guess I’m impressed they did it in one long take, but only in a dog-on-hind legs kind of a way.

Obligatory disclaimer: My wife, the international finance law professor, wishes it known that Prof. McCracken is right and I’m wrong.

Update: Showing again that the time between ‘net fame and traditional MSM adoption is shrinking quickly, I just read that OK Go performed on the MTV Video Music Awards show last night. So it looks like MTV agrees with McCracken too… (Not that OK Go actually got an award.)

Posted in Kultcha | 4 Comments

UM Law Seeks Dean of Students

Here’s a chance to do a pretty tough, interesting, and important job that matters enormously to a lot of people:

Dean of Students- Position Announcement

The University of Miami School of Law invites applications for the position of Dean of Students. The Dean of Students is responsible for ensuring the efficient and effective performance of the duties entrusted to the Office of the Dean of Students, which provides services to approximately 1,150 J.D.’s and 130 LL.M. students in multiple areas. Minimum qualifications: J.D. strongly preferred (Master’s degree in education or counseling discipline at a minimum) and five years of significant counseling experience required. Strong leadership abilities, demonstrated managerial and organization skills, computer literacy, good judgment, and excellent verbal/written communication skills required. Ability to interact comfortably in multiple and diverse settings.

Major responsibilities include overall administration of the Office of the Dean of Students, including work distribution and flow within the office; providing academic and personal counseling to students; and management of student life affairs, including development of student-friendly initiatives, assisting student organizations with planning and implementing projects, and serving as administrative liaison and advocate for students. A more complete job description is located here.

The University of Miami offers competitive salaries and a comprehensive benefits package including medical and dental benefits, tuition remission, vacation, paid holidays and much more.

Interested candidates, please apply on line at www.miami.edu/careers and submit your resume and cover letter. (Keyword: 003133)

The Dean of Students is the face of the law school to most students; Dean Lynch presides over major events in the law school, but mostly he’s Mr. Outside, so I suspect that most students don’t see that much of him. The short job description quoted above starts with the counseling function — and that’s very real — but the parts I see most often are that the Dean of Students runs a big office with several assistants, and that s/he sets and administers a lot of policies that have major reverberations in the classroom and in people’s lives.

Posted in U.Miami | 5 Comments