Author Archives: Michael Froomkin

Davis or Smith for FL Governor?

I confess that I have paid almost no attention to the Florida Governor race. Jeb is term limited and can’t run. The GOP primary candidates are running right, although the latest poll shows Charlie Crist well ahead of Tom Gallagher.

But now I learn that the Democratic primary candidates, Rod Smith and Jim Davis, are tied in the latest poll.

I am among the undecided, mostly for lack of information. Comments as to what distinguishes the candidates — both of whom seem to have been endorsed by pols I like — would be welcomed. I sort of gather that Rod Smith is the more electable candidate, but thought Davis had a decent record as a Congressman. But I could be wrong…

Posted in Florida | 1 Comment

Digby Reads the Rove Playbook

I don’t know who Digby (the proprietor of “Hullabaloo”) is, but s/he has a scary smart analysis of the next page of the Rove playbook at The Theme:

The Republicans have figured out something that the Democrats refuse to understand. All political messages can be useful, no matter which side has created it. You use them all situationally. The Republicans have been adopting our slogans and memes for years. They get that the way people hear this stuff often is not in a particularly partisan sense. They just hear it, in a sort of disembodied way. Over time thye become comfortable with it and it can be exploited for all sorts of different reasons.

In this instance, there has been a steady underground rumbling about stolen elections since 2000. Now we know that it’s the Republicans who have been doing the stealing —- and the complaining has been coming from our side. But all most people hear is “stolen election” and they are just as likely to paste that charge onto us as they are onto them. It’s like an ear worm. You don’t know the song its from, necessarily, but you can’t get it out of your head.

We have created an ear worm that the Republicans are going to appropriate — and they will use it much more aggressively and effectively than our side did. They are already gearing up for it. As I mentioned a month or so ago, Karl Rove was at the Republican Lawyers Association talking about how the Democrats are stealing elections.

See, they’re doing it with all those illegal immigrants they have invited here to take your jobs…

Posted in Politics: The Party of Sleaze | 2 Comments

Law School Grading Curves

Both Eugene Volokh and Orin Kerr have interesting thoughts on law school grading curves.

The details of UM’s first-year grading policy (set out below) are not, to me, particularly intuitive. The basic principles, though, make sense: we have multiple sections in the first year, and we want to do equity between them; yet, we don’t want to ‘force’ any professor to give As that are not in that teacher’s opinion deserved.

After the first year, there is no required curve for regular faculty (and I don’t use one), but adjuncts — who we presume may not know our system as well, and who also have a greater incentive to grade easy in order to inflate enrollments and positive feedback — are on a curve.

I haven’t looked at it carefully, but our first year curve seems a little lower than Orin and Eugene’s accounts of UCLA’s and GW’s; our upper level curve — to the extent we have one — seems very similar.

Some of the colleagues would justify the relative difficulty of our first year curve on the grounds that even though they are rising, our students’ average credentials are still somewhat lower than a top-25 school’s. And, especially at the low end, first-year grades can provide an important signaling role to students who should think long and hard before spending tens of thousands more on tuition.

Other colleagues, and many students, have argued for inflating the curve on the grounds that everyone else is doing it, so we should to.

Personally, I have never gotten very involved in this debate, on the grounds that a rational hiring partner in a firm will look at class rank, not grade average — and we provide class rank information. Many students, however, end even some practitioners, have argued to me that firms are not as rational in their hiring as I would expect…

Continue reading

Posted in Law School | 3 Comments

Bad Day at Dulles

Travel writer and civil rights activist Edward Hasbrouck had a bad day at Dulles Airport, which as he says, leaves many Unanswered questions:

… the TSA has crafted its procedures so that the demand for identification credentials is made neither by the TSA itself nor the airline, but by a third party whose identity and authority are entirely unverifiable to the traveller, and who is accountable to the traveller neither through government legislative and regulatory procedures nor through enforcement of contractual rights (since they have no contractual relationship to the traveller).

To give an added frisson of resemblance to countries with corrupt or dysfunctional police and governments, the people in uniform demanding people’s credentials are lying about being government employees. The real government employees watching them don’t care. And if, like me, you so much as ask a few polite questions about what is going on, you are detained, threatened with arrest, searched, investigated, your papers copied by the government for your permanent (I can only presume) dossier, and the unaccountable third party (and, in the case of any RFID passport, anyone else within range with a reader in their luggage) left with the unregulated legal “right” to use and sell any data obtained from its government-coerced scrutiny of your credentials.

Posted in Law: Right to Travel | 3 Comments

Jon Tester and the New Democratic Party

Swing State Project burbles happily about Jon Tester’s stunning win in the the Montana Senatorial primary:

Wow. What a fantastic showing of broad support for Jon Tester tonight. From longshot to upstart to competitor to steamroller, Jon Tester has, without a doubt, scored an absolutely stunning victory in Montana tonight. On Dec. 31, 2004, when Swing State Project dropped his name for the first time, few could foresee that Tester, an organic farmer from Big Sandy, could absolutely wallop one of the most popular and well-funded Democrats in the state, Auditor John Morrison, and do so without slingling mud, without creating an intra-party rift, or without a massive warchest. Jon Tester accomplished what he did today by getting people to genuinely like him, which is a damn rare thing in politics these days. And that’s exactly how he’s going to convince Montana voters that he should be the next Senator from Montana.

The rebirth of the Democratic Party begins in Big Sky Country.

It may be a bit much, but the gist of it is right: if you could clone this approach the electoral map would look completely different.

Meanwhile, Tester faces incumbent Conrad Burns in the general election. Burns is the Senator most deeply implicated so far in the Abramoff scandal.

Posted in Politics: US: 2006 Election | Comments Off on Jon Tester and the New Democratic Party

Between A Rock and a … Scissors

David Markus's SDFLA blog is becoming essential reading for local law junkies. The latest entry, however, ranges north to the Middle District of Florida, to bring us this order from Judge Gregory Presnell:

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
Case No. 6:05-cv-1430-Orl-31JGG

AVISTA MANAGEMENT, INC.,
d/b/a Avista Plex, Inc.,

Plaintiff,

vs

WAUSAU UNDERWRITERS INSURANCE
COMPANY,
Defendant.
______________________________________

ORDER
This matter comes before the Court on Plaintiff’s Motion to designate location of a Rule 30(b)(6) deposition (Doc. 105). Upon consideration of the Motion – the latest in a series of Gordian knots that the parties have been unable to untangle without enlisting the assistance of the federal courts – it is ORDERED that said Motion is DENIED. Instead, the Court will fashion a new form of alternative dispute resolution, to wit: at 4:00 P.M. on Friday, June 30, 2006, counsel shall convene at a neutral site agreeable to both parties. If counsel cannot agree on a neutral site, they shall meet on the front steps of the Sam M. Gibbons U.S. Courthouse, 801 North Florida Ave., Tampa, Florida 33602. Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness. At that time and location, counsel shall engage in one (1) game of “rock, paper, scissors.” The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006. If either party disputes the outcome of this engagement, an appeal may be filed and a hearing will be held at 8:30 A.M. on Friday, July 7, 2006 before the undersigned in Courtroom 3, George C. Young United States Courthouse and Federal Building, 80 North Hughey Avenue, Orlando, Florida 32801.

DONE and ORDERED in Chambers, Orlando, Florida on June 6, 2006.
GREGORY A. PRESNELL
United States District Judge

Posted in Law: Everything Else | 2 Comments