Author Archives: Michael Froomkin

Lonny Rose is Going Full Time at NITA

Our very energetic and effective director of our Litigation Skills Program has landed a plum job: The National Institute for Trial Advocacy (NITA) has named Laurence Rose as its first-ever CEO & President. He’s been NITA’s part-time Executive Director for several years, while based at UM, and now he will be moving out to their new HQ in Colorado.

I gather he’ll keep on helping out at UM on a part-time basis for at least a year, and then we’re going to see how exhausted he is from commuting.

Congrats Lonny!

Posted in U.Miami | Comments Off on Lonny Rose is Going Full Time at NITA

President Claims Power to Kill You

I suppose this will surprise some people somewhere, but it seems totally logical to me. If

  • the President has the power to order Predator drones to file missiles killing people — including US citizens– abroad, and
  • the President has the right to grab US citizens in the US and hold them in a military prison without trial, an attorney, or any contact with the outside world, on the grounds that he thinks they are terrorists or terrorist supporers or might someday in the future be up to something, and
  • the President has the power to order the crushing of a child’s testicles to make the parent talk

surely it follows natuarlly that, as a Dept. of Justice official recently argued, this same President may have power to order people he considers to be “terror suspects” killed in US:

Steven Bradbury, acting head of the US Justice Department’s Office of Legal Counsel, told Senator Dianne Feinstein (D-CA) in a closed Senate Intelligence Committee meeting last week that the president may have the executive power to order the killing of terrorist suspects inside the US…

But don’t worry!

An unnamed Justice Department official has since said Bradbury’s comments were in the context of a theoretical discussion and that practical policy would be to capture the terrorist alive in order to interrogate him.

Good thing it’s only a theoretical danger. Sort of like Saddam Hussein…

Posted in Civil Liberties | 16 Comments

Blogging for Credit? Why Not?

Equal Process? Due Protection?: Brilliant ideas (not mine) points to 3L Epiphany, which includes this arresting passage:

“I’m getting credit for this.”

Law school credit, that is. I’m getting law school credit for blogging. And as far as I know, I’m the first law student to do so.

To which EP appends,

Maybe I’ll try it next semester. I imagine the conversation will go something like this:

Me: “Hey dean [or whoever is in charge of deciding to give credits for things like this], do you want to give me a couple of credits to criticize everything I don’t like about this school, rip the third-world bathrooms, complain about the woeful parking conditions and idiots who run the parking shuttles, moan about my lack of job prospects, point out the absurdities of law school, wonder whether it’s all worthwhile, take note of the eccentricities of the faculty, mention my incompetent LRW teacher, and occasionally reveal my personal problems?”

Dean: “Um, no. I don’t think so. Get the hell out of my office now.”

In fact, at UM any faculty member can do an independent two-credit writing project with a student. I could, for example. And I would be delighted to work out a blogging-for-credit project. But not anything so shapeless as the project described above.

What would a good blogging-for-credit project look like? There’s room for negotiation, but I think that the project would have to be focused as to subject, involve the application of actual legal research, and ideally be somewhat sensitive to current events. It might follow a notorious local trial, involving in-person attendance and explanations of what’s going on. Or it could be a running commentary on, say, the most interesting cases decided by a particular circuit. (The trick here would be to contextualize, to add value to what we’d get anyway from the advance sheets.)

I’m sure there are other models too, and invite suggestions.

Potentially interested UM students should read what I tell students who want to write ordinary papers, and also consider themselves on notice that I’m apparently considered a tough grader….

Posted in Law School | 3 Comments

Today’s Pre-Breakfast Serving of Unlikely Things

Which of the two following facts is more unlikely?

1. The following strange Dell tech support story recounted by a law student blogger:

I think the best part about all this is the time I was waiting on hold for one of the tech support people to transfer me. I heard music. Suddenly, I was listening to a phone sex line! I am not making this up. Let me repeat this: While I was on hold with Dell, I was somehow transfered to a phone sex line. Seriously. This really happened.

2. Or is it this: the law student blogger didn’t even speculate as to the various ways in which such conduct could give rise to major-league liability. Update (2/5/06): Ok, now he did, and the universe is back to its normal balance…

Posted in Shopping | 3 Comments

Evil

Indian Programs Cut to Pay Lawyers (alt link).

Which circle of hell best befits these people?

Update:As Ann Bartow noted in the first comment, the good folks at Wampum have figured out that there seems to be a connection between the BIA scandal and the Abramoff scandal. It seems Abramoff ran a slush fund to obstruct the accounting of the Bureau of Indian Affairs mishandling of Indian funds.

Amazingly, we haven’t hit bottom yet with this crowd.

Posted in Politics: The Party of Sleaze | 1 Comment

Sen. Roberts Says NSA Can Wiretap With Abandon

Marty Lederman deconstructs what he calls — with positively British understatement — a rather remarkable and unusual event: “the Chair of a congressional intelligence committee asserts that the landmark framework statute over which his committee has jurisdiction is unconstitutional.”

Posted in Civil Liberties | 1 Comment