A Personal Blog
by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
My Publications | e-mail
All opinions on this blog are those of the author(s) and not their employer(s) unelss otherwise specified.
Who Reads Discourse.net?
Readers describe themselves.
Please join in.Reader Map
Recent Bluessky Posts- Someone needed to do this! Where is the titular leadership on this sort of thing? September 1, 2026 Michael Froomkin
- Jotwell Contracts: Robert Hillman, What is in a Label? The Problem of Imitation Agreements to Arbitrate, JOTWELL (September 1, 2026) (reviewing Myriam Gilles, Arbitration in Name Only, 121 Nw. L. Rev. __ (forthcoming 2026), available at SSRN), contracts.jotwell.com/what-is-in-a.... September 1, 2026 Jotwell
- Please can we now get Flock and other LPR tech out of cities like Coral Gables? When the Commission first decided to buy then I made a very rare appearance in the public comment to speak against. But cops said all the other cops were doing it, so City should too. Passed without further discussion. September 1, 2026 Michael Froomkin
- Old enough to remember being taught that the alphabet was a huge civilization advance over pictograms. And to have it ratified by Civ III too. September 1, 2026 Michael Froomkin
- Jotwell Conlaw: Evan Bernick, How Originalism Makes Law, JOTWELL (August 31, 2026) (reviewing Alma Diamond, Lawfinding’s Dilemma: Legal Formalism, or Judicial Neutrality, 104 Or. L. Rev. 117 (2025)), conlaw.jotwell.com/how-original.... August 31, 2026 Jotwell
Recent Comments
Subscribe to Blog via Email
Join 53 other subscribers
Author Archives: Michael Froomkin
Get Your Atom or RSS Feed Here
Posted in Discourse.net
Comments Off on Get Your Atom or RSS Feed Here
Elephants Want Revenge?
The UK Telegraph summarizes a story in the New Scientist (the original seems to be behind a pay wall) as suggesting that elephants are seeking revenge for the killing of their relatives and friends,
The reputation that elephants have for never forgetting has been given a chilling new twist by experts who believe that a generation of pachiderms may taking revenge on humans for the breakdown of elephant society.
The New Scientist reports today that elephants appear to be attacking human settlements as vengeance for years of abuse by people.
But later in the story this starts to seem a bit sensationalist: the real problem may be that the killing of older, wiser elephants has created a generation of “juvenile delinquents”.

Destined for reform school?
Posted in Science/Medicine
3 Comments
Padilla Lawyers Work the System
Southern District of Florida Blog summarizes the latest Padilla news:
Lawyers for Jose Padilla have appealed Magistrate Judge Garber’s pre trial detention order. In their appeal, his lawyers contend that Mr. Padilla’s application may be a fraud. The Government argued at the detention hearing that Mr. Padilla completed the form in 2000. Defense lawyers also assert that the government did not present evidence that Mr. Padilla could speak Arabic and therefore understand the contents of the form, or that he ever adopted the Arabic name Abu Adallah al Mujahir. Justice Department lawyer Stephanie Pell explained at the hearing that the application was authenticated by a cooperating government witness. One of the most interesting assertions in the appeal is that there were apparently more than 50,000 phone calls in the alleged 8 year terrorism conspiracy, and Padilla participated in only seven conversations.
Even ignoring the fraud allegations, we haven’t seen much suggesting that the government has a particularly strong case, have we?
Posted in Padilla
3 Comments
Corporate Social Responsibility (Redefined)
A hitherto unknown business group the Center for Union Facts ran a startling, rather nasty, anti-union ad in yesterday’s New York Times, Washington Post and Wall Street Journal. The ad basically blames unions for job losses overseas. Now, as an economic matter, it stands to reason that anything which raises wages makes it harder to compete with ultra-low-wage foreign producers, but life is much more complex, since human capital is more than just simple hours of labor. And unions are shrinking anyway.
But I’ll leave all that to the economists. What interests me is who paid for it. According to the New York Times, all that the group’s spokesman would say is: “various companies and a foundation had contributed to his nonprofit group, but he refused to identify them.” And their web site is even more opaque about who is behind it.
Do you suppose that the corporations paying for this stuff are booking the contributions under their ‘corporate social responsibility’ expenditures?
Posted in Econ & Money
3 Comments
Cheney Jokes Roundup
The Wall Street Journal has a roundup of Cheney jokes . My favorites include,
Leno: “Something I just found out today about the incident. Do you know that Dick Cheney tortured the guy for a half hour before he shot him?”
Jon Stewart: “”Yes, as you’ve just heard, a near-tragedy over the weekend in south Texas. Vice President Dick Cheney accidentally shot a man during a quail hunt at a political supporter’s ranch. Making 78-year-old Harry Whittington the first person shot by a sitting VP since Alexander Hamilton.
“Hamilton, of course, shot in a duel with Aaron Burr over issues of honor, integrity and political maneuvering. Whittington? Mistaken for a bird.”
Bonus Cheney visual hunting aid:

And Boing Boing has a nice graphic showing 10 ways Dick Cheney can kill you.
You know it’s bad when even Jeb Bush is making Cheney jokes.
Posted in Completely Different
5 Comments
Kibo Has a Web Page
I am probably the last to know this but I’ve only just discovered that Kibo, the founder of Kibology, has a web site, entitled, of course, Kibo : Kibo’s official site.
Oldtimers will recall Kibo from Usenet; back in the day he was something between a net.legend and a net.kook. I thought he was funny, most of the time. I even corresponded with the guy once, way back when.
Posted in Internet
3 Comments