Author Archives: Michael Froomkin

Big Win for Rule of Law

I am far away on a very very slow link, but from what I can tell the announcement that the USA will henceforth again adhere to a key part of its obligations under the Geneva convention looks like a big victory for the rule of law.

And, yes, there can be devils in the details. (But I do agree that there is nothing at all inherently wrong with *properly constituted* courts martial to hear the status claims of POWs and other detainees. Quite the contrary. And a big step up from what they’ve been getting.)

Posted in Guantanamo, Torture | 4 Comments

An American July 4th

My holiday, which began yesterday, has not started well. The last of the last-minute pre-departure things on my list was to bring in the wooden rocking bench that usually sits on my front porch. I have to bring it in because it could be a danger in the event of a hurricane while we are away. So I remove the cushion on the rocker, and reveal … a whole lot of bugs. It’s termite swarming season in Florida, and I have a sick suspicion I know what these are. So I call the bug people, and … they’re closed for July 4. But I’m not taking that in the house.

But it gets worse.

We were scheduled to leave Miami on American airlines on a flight to Boston with a tight but tolerable connection to a flight to Manchester, UK.

A few minutes after the Miami flight was due to start boarding, the gate staff announced that there was an air traffic hold in Boston and that we’d be so late there was no point boarding. Probably very late. There, I thought, went the connection. But a minute later they countermanded that and said we should board after all — the pilot had accepted an alternate route.

So we boarded, pushed back a little late, the pilot came on and said that the new route would delay us about 20 minutes, we’d be 40 minutes late in all. That meant a sprint in the airport, but it was do-able. And we did it.

We boarded the second flight, taxied out to the runway….and the pilot came on to say there was a problem with the temperature sensor on the engine, and we’d have to go back for repairs. So we limped back to the gate. And waited for the ground crew. Then waited for them to report.

And after an hour or so, they did: we weren’t going anywhere. So we all exited into the terminal. By now it was well after 9pm, so Boston airport was basically closed. There were no open concessions. There were no more flights out of Boston to anywhere. There were only a few gate staff there to rebook and hotel us all. And I’m traveling with two tired (but so far well-behaved) kids.

By about 11pm I had made it to the head of the line. And I’d started only about a third of the way into it. I’d had the sense to book new seats by phone, so I’d gotten three of the last seats on July 5th’s flight to Manchester — 24 hours later. We got our hotel vouchers, $45 in meals which were supposed to feed three people for three meals. And we went to claim our luggage, which had been offloaded from the plane.

Two of our bags were there. One was not. No explanation as to why. No one authorized to go hunting for the missing bag (mine, not the kids). So after a dispiriting search and queuing for surly baggage service — did you know only supervisors are empowered to give you a toothbrush? — we made it to the airport hotel around midnight. Only be told they only had smoking rooms.

The kids’ room wasn’t that bad. Mine smelled like the inside of a cigar. I didn’t sleep much, and I’m still having nasal flashbacks.

The next morning we go back to the airport to hunt for the missing bag. In due course — without setting any land speed records — the day crew admits they might have an idea where in the bowels of the airport it is hiding, and go off to find it. And they do. So now I have to take this bag back to the hotel to join its brethren, and then the kids and I can play tourist in Boston for half a day.

Which we do, and which isn’t bad, but would be a lot more fun if any of us had any energy, or if the kids didn’t feel they were losing a day with their grandparents. The kids are being great, but it can’t be easy for them. I did manage to contact the bug company, and they’re going to survey us for termite infestations. They did say that even if there are termites on the bench, those guys won’t move to the house any time soon, as they’ll have plenty to eat. I guess that’s reassuring, in a way.

And now I’m back at the Boston airport, posting this, ready to try again. The folks at check-in assure me it’s a different plane, so maybe we’ll actually get there this time. If I don’t post for a while, that’s a sign we made it.

Posted in Personal | 5 Comments

Happy July 4, 2006 (II)

A veteran arrested for having a cup of coffee in a VA facility while wearing a “Veterans For Peace” T-shirt asks, Has This Country Gone Completely Insane? (via Ann Bartow)

Posted in Civil Liberties | 1 Comment

Happy July 4, 2006

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Posted in Politics: US | 6 Comments

Guest Blogger George Mundstock Returns

Tomorrow I’m going to be heading off for two weeks and a bit — a couple of weeks vacation in the UK then a short meeting in Geneva. I will have pretty limited Internet connectivity most of that time, so my friend and colleague George Mundstock has kindly agreed to step in again as a guest blogger. You can read about George here and you can see many of his previous posts on tax law. George tells me that he plans to write primarily about law and accounting this time (I guess that means some post-Enron reforms?) — but if we’re lucky we might hear about his wonderful dog too.

I know that “accounting” isn’t one of those words that makes most people quiver with excitement, but trust me, George is an interesting guy.

Posted in Discourse.net | 1 Comment

In the UK, It Really Matters What Newspaper You Read

I’ve spent a total of five years off and on living in the UK, and that doesn’t count a vacation trip or two a year for the past decade and a half. It’s a cliche that the UK, and especially England, is nation that is not only marked by class, but by accent. In London, at least, it also seemed to be a place in which people made snap judgments about each other based on the newspapers they read. (Caroline and I tended to read the Guardian and the Financial Times, which confused people.)

I’m about to go there again for a ‘fortnight’, and just in time I see that the importance of what newspaper you read has only increased: Police hold mother-of-three for reading ‘Independent’ outside Downing Street.

Indeed, there are many signs that the UK today, taking a leaf out of the US playbook, is even less free than it was even under Thatcher. Of course, living in the US makes it hard to criticize behavior that sounds a lot like the sort of thing they seem to get up to all over the US; consider for example the latest news form California (via amygdalagf).

Posted in Civil Liberties, UK | Comments Off on In the UK, It Really Matters What Newspaper You Read