Author Archives: Michael Froomkin

Sun-Sentinel Is Against The War

The Sun-Sentinel is a quality newspaper a bit north of here. It has a justly deserved reputation as being pretty conservative editorially, and even in some of its political coverage. (A long-time state political reporter just got reassigned for being too overtly Republican, showing both that there’s a tilt, and that the place has some standards.)

So it’s interesting that the Sun-Sentinel editorial page, which I gather has been a big cheerleader for the Iraq war, is now not only vehemently against the Iraq war, but trying to suggest it was always against it. That’s right: the war is now so unpopular that former backers are obfuscating their prior support.

Incidentally, the paper’s April 7 editorial is real strong stuff. Here’s how it starts:

Three years, 19 days. And counting.

More than 2,300 Americans killed. More than 16,000 wounded, many of them maimed for life. And then there are the tens of thousands of Iraqi victims.

Almost $400 billion spent so far, followed by another $330 million every day.

These are the tangible costs of the Iraq war. There are other costs that are harder to measure precisely, but they are many and they are mounting. It can be strongly argued that they are largely the fault of a president who is stubborn, intractable, dogmatic, exclusionary and intellectually dishonest, and who appears reluctant to operate outside his inner circle.

Democrats (and Republicans) take note.

Posted in Florida, Iraq, The Media | 2 Comments

Experimental Philosophy Blog

There’s late to the party, and then there’s learning about something more than a month after Slate runs an article on it, but shameful as it may be I have only just stumbled upon the Experimental Philosophy Blog. Among its virtues are an announcement of the first annual Online Philosophy Conference, and a (rather small?) section devoted to Philosophy of Law.

Incidentally, the blog denizens are not very happy with the Slate article. (Further discussion chez Leiter)

Posted in Blogs, Legal Philosophy | 1 Comment

We Are Not Alone

It seems that other people have domestic debates a lot like ours.

Posted in Personal | Comments Off on We Are Not Alone

Wiretaps For All

Two stories in yesterday’s news, each quite ugly on their own, make an even uglier combo.

First, there’s the amazing testimony by Attorney General Alberto Gonzales in which he basically asserted that the Fourth Amendment has no operational content. If the President wants a warrantless domestic wiretap, our nation’s chief law-enforcement officer thinks that would be just peachy.

Second, there’s the news that AT&T has apparently been sending all our Internet traffic straight to the NSA.

Wired News: Whistle-Blower Outs NSA Spy Room: AT&T provided National Security Agency eavesdroppers with full access to its customers’ phone calls, and shunted its customers’ internet traffic to data-mining equipment installed in a secret room in its San Francisco switching center, according to a former AT&T worker cooperating in the Electronic Frontier Foundation’s lawsuit against the company.

Mark Klein, a retired AT&T communications technician, submitted an affidavit in support of the EFF’s lawsuit this week. That class action lawsuit, filed in federal court in San Francisco last January, alleges that AT&T violated federal and state laws by surreptitiously allowing the government to monitor phone and internet communications of AT&T customers without warrants.

On Wednesday, the EFF asked the court to issue an injunction prohibiting AT&T from continuing the alleged wiretapping, and filed a number of documents under seal, including three AT&T documents that purportedly explain how the wiretapping system works.

(This is the same lawsuit I blogged about earlier. I should also note that although I’m on EFF’s Advisory Board, I had no role in this case.)

Put 1 & 2 together….

Posted in Civil Liberties | 1 Comment

Cyberlaw Exam Inspiration

People teaching (or studying) cyberlaw may find final exam creation (or study) inspiration in this non-hypothetical case of “NTP vandalism.”

Posted in Law: Internet Law | 1 Comment

JoNel Newman on “Voting Rights in Florida, 1982-2006”

JoNel Newman, Assistant Professor of Clinical Legal Education here at UM (and also special counsel to the ACLU), has written a major report on the implementation of the Voting Rights Act in Florida. The report, Voting Rights in Florida, 1982-2006, which is being issued today, was commissioned by the Leadership Conference on Civil Rights Education Fund through RenewtheVRA.org, a coalition of national and grassroots civil rights organizations working to renew and strengthen the Voting Rights Act.

Prof. Newman’s report is one of 14 state reports requested by Congress to examine the impact of the Voting Rights Act over the past 25 years, since the last time the Act was fully reauthorized. (The other reports cover Alabama, Alaska, Arizona, California, Georgia, Louisiana, Mississippi, New York, North Carolina, South Carolina, South Dakota, Texas and Virginia.) It includes recent examples of voting rights violations, and ties these to a need to renew the expiring provisions of the Voting Rights Act. The report also calls for the extension of assistance to language minorities, including assistance for citizens speaking Haitian Creole, which it says are needed “now more than ever.”

In a press release accompanying the release of the report, Howard Simon, Executive Director of the ACLU of Florida calls it “the most comprehensive analysis produced in the last 25 years documenting the impact of the Voting Rights Act on Florida elections.” Prof. Newman says, “We have made a lot of progress in 40 years but we are far from finished. … All Floridians need to do is look at the elections of 2000 and 2004 to see that VRA violations are still a persistent feature of our State’s political landscape.”

The 1965 Voting Rights Act bans discrimination voting practices such as literacy tests and unfair redistricting schemes. Congress is currently considering whether to renew key parts of the statute, notably those providing for language assistance, Election Day monitors and Justice Department pre-approval of voting changes. Without renewal, these provisions will expire in August, 2007.

Below I reproduce the executive summary of the report:

Continue reading

Posted in Law: Elections, U.Miami | Comments Off on JoNel Newman on “Voting Rights in Florida, 1982-2006”