Discourse.net
type: channel
description: On the fringes of the public sphere
date: 2025-09-20T18:47:31Z
update period: hourly
update frequency: 1
update base: 2000-01-01T12:00+00:00
items: Trump’s Proclamation Setting a $100,000 Fee for the Entry of H1-B Visa Holders to the U.S. rests on Debatable Foundations
items: Looking Back, and Forward
items: MiamiLaw Constitutional Crisis Seminar
items: UM Police Want You to Know about the Crocodile in the Lake
items: Robot Law II is Now Available! (In Hardback)
items: Coral Gables Commission Run-off April 22-Voter’s Guide
items: Vince Lago Campaign Has No Shame
items: Coral Gables Hits New Pre-Election Lows
items: Are Coral Gables Police Cooperating with ICE?

Trump’s Proclamation Setting a $100,000 Fee for the Entry of H1-B Visa Holders to the U.S. rests on Debatable Foundations
type: item
creator: Michael Froomkin
date: 2025-09-20T18:42:10Z
subject: Law: Constitutional Law
subject: Law: Everything Else
subject: Trump
description: The claimed authority in the Proclamation on “Restriction On Entry Of Certain Nonimmigrant Workers” for the $100,000 immigration fee on H1-B visa holders is 8 U.S.C. § 1182(f) and 8 U.S.C. § 1182(f). Here are the relevant bits of those … Continue reading → The post Trump’s Proclamation Setting a $100,000 Fee for the Entry of H1-B Visa Holders to the U.S. rests on Debatable Foundations appeared first on Discourse.net.
encoded: The claimed authority in the Proclamation on “Restriction On Entry Of Certain Nonimmigrant Workers” for the $100,000 immigration fee on H1-B visa holders is 8 U.S.C. § 1182(f) and 8 U.S.C. § 1182(f). Here are the relevant bits of those two code sections: 8 U.S.C. § 1182(f) (f) Suspension of entry or imposition of restrictions by President Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. … 8 U.S.C. § 1185 (a) Restrictions and prohibitions Unless otherwise ordered by the President, it shall be unlawful— (1) for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe; …. I see three legal issues: First whether 8 U.S.C. § 1182(f) has an “intelligible principle” defining the President’s authority; if not, 8 U.S.C. § 1182(f) would be an unconstitutional delegation of power. Here the purported principle is whether “the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States”. That may seem vague and general, and it is, but probably not more so than other things that have been held to be an intelligible principle. A slightly harder question is whether the imposition of a $100,000 fee on H1-B entry to the US exceeds that delegation? Alternately, are aliens incapable of paying the $100,000 fee the sort of group that constitutes a “class of aliens” as contemplated by the statute? They may be a social class but that doesn’t seem to be what the statute contemplates… Second, is this a lightl…

Looking Back, and Forward
type: item
creator: Michael Froomkin
date: 2025-09-15T13:30:14Z
subject: Discourse.net
subject: Law: Constitutional Law
subject: Trump
description: On this day back in 2003 I decided to start blogging. I though thefore today would be a good time to repost the first serious blog post I ever made, even though it only appeared after about a week. “Rose … Continue reading → The post Looking Back, and Forward appeared first on Discourse.net.
encoded: On this day back in 2003 I decided to start blogging. I though thefore today would be a good time to repost the first serious blog post I ever made, even though it only appeared after about a week. “Rose Burawoy, Political Scientist” was written in the shadow of the Bush administration’s decision to create and populate the prison camp at Guantanamo Bay put an American citizen accused of terrorism in solitary confinement a Navy Brig with a trial or even access to a lawyer. Even so, those were somewhat more innocent times, but I think the post has resonance today. Here it is: Lately, I have been thinking a great deal about something grandmother once said. Rose Burawoy was born in Bialystock, then a thriving metropolis with a substantial Jewish population. She told me once — exactly once, as she never mentioned it again — that she remembered ‘the Cossacks’ running through and killing people in a pogrom when she was a child. She described it as something that had happened to other people, perhaps not far away, not as an eyewitness. (And, indeed, there was a pogrom in Bialystock in 1903, more killings in the area in 1920, and a pattern of killings and other anti-Semitic incidents in the 1930s ). In the retelling at least, my grandmother seems to have been as bothered by what she saw as provincialism, and was happy to escape to the bright lights of Berlin. Her life, and marriages, would later take her to Paris, and London, where she lived when World War II began, and finally to New York, where I think she was happy to be. This geography explains something my grandmother once said that I find myself thinking of fairly often these days. I vividly recall my grandmother — alone in the family — objecting when I first said I wanted to become a lawyer. Don’t do that, she said. Why not be a doctor? Or a businessman, or anything else that involves a portable skill. A lawyer can only work in one country, and you can’t take your skill with you if you have to leave. ‘What’s wrong wit…

MiamiLaw Constitutional Crisis Seminar
type: item
creator: Michael Froomkin
date: 2025-09-12T13:30:27Z
subject: Law: Reading the Constitution
subject: Trump
subject: U.Miami
description: I am proud to announce the University of Miami Constitutional Crisis Seminar Series. The series includes thirteen lectures, almost all of which will be available on line, with new ones appearing weekly. Select University of Miami Law School students will … Continue reading → The post MiamiLaw Constitutional Crisis Seminar appeared first on Discourse.net.
encoded: I am proud to announce the University of Miami Constitutional Crisis Seminar Series. The series includes thirteen lectures, almost all of which will be available on line, with new ones appearing weekly. Select University of Miami Law School students will also have a private seminar-style discussion with the speakers, but these will not be published. I have organized this program because I think the issues are urgent and important. The United States currently faces widespread and intense challenges to our constitutional system, particularly what remained of our checks and balances: While courts and scholars have wrestled with the expansion of executive powers and worried about Congressional delegation of its legislative powers, the current administration – with the assistance of both Congress and the Supreme Court — has taken these challenges to new levels. Today we see unprecedented assertions of executive power, including powers to ignore statutes, impound funds, cancel signed contracts, shutter executive departments, fire independent officials, and make highly creative invocations of emergency authority. Behind many of these are Constitutional claims for the power of the “unitary executive” and (although much remains to be seen) an alleged executive authority to ignore federal judicial orders. Complicating matters is Congressional silence, if not paralysis, in the face of executive power grabs, and an historic dependence on often unwritten constitutional and statutory norms that have been cast aside. As lawyers and potential lawyers, we face particular responsibilities to understand the nature of what is fairly termed a constitutional crisis, and to think about whether and how to respond to it. This seminar series will look at the legal system’s ongoing reaction to this massive reordering of federal power and individual constitutional rights, with a focus on the legal system’s reaction to current controversies. In addition to placing current events in historical c…

UM Police Want You to Know about the Crocodile in the Lake
type: item
creator: Michael Froomkin
date: 2025-05-02T14:54:20Z
subject: U.Miami: Crocs
description: Email this morning from UM Police: The University of Miami is aware that a crocodile has recently been seen in Lake Osceola. [MF note: the lake in the center of campus.] Signs are posted around Lake Osceola and near the … Continue reading → The post UM Police Want You to Know about the Crocodile in the Lake appeared first on Discourse.net.
encoded: <img decoding="async" aria-describedby="caption-attachment-33380" data-attachment-id="33380" data-permalink="https://www.discourse.net/2025/05/um-police-want-you-to-know-about-the-crocodile-in-the-lake/500px-crocodylus_acutus_mexico_02-edit1/" data-orig-file="https://www.discourse.net/site/wp-content/uploads/2025/05/500px-Crocodylus_acutus_mexico_02-edit1.jpg" data-orig-size="500,375" data-comments-opened="1" data-image-meta="{"aperture":"0","credit":"","camera":"","caption":"","created_timestamp":"0","copyright":"","focal_length":"0","iso":"0","shutter_speed":"0","title":"","orientation":"0"}" data-image-title="500px-Crocodylus_acutus_mexico_02-edit1" data-image-description="" data-image-caption="" data-medium-file="https://www.discourse.net/site/wp-content/uploads/2025/05/500px-Crocodylus_acutus_mexico_02-edit1-250x188.jpg" data-large-file="https://www.discourse.net/site/wp-content/uploads/2025/05/500px-Crocodylus_acutus_mexico_02-edit1-400x300.jpg" class="wp-image-33380 size-medium" src="https://www.discourse.net/site/wp-content/uploads/2025/05/500px-Crocodylus_acutus_mexico_02-edit1-250x188.jpg" alt="American Crocodile" width="250" height="188" srcset="https://www.discourse.net/site/wp-content/uploads/2025/05/500px-Crocodylus_acutus_mexico_02-edit1-250x188.jpg 250w, https://www.discourse.net/site/wp-content/uploads/2025/05/500px-Crocodylus_acutus_mexico_02-edit1-400x300.jpg 400w, https://www.discourse.net/site/wp-content/uploads/2025/05/500px-Crocodylus_acutus_mexico_02-edit1-150x113.jpg 150w, https://www.discourse.net/site/wp-content/uploads/2025/05/500px-Crocodylus_acutus_mexico_02-edit1.jpg 500w" sizes="(max-width: 250px) 100vw, 250px" /> Wikipedia’s American Crocodile Email this morning from UM Police: The University of Miami is aware that a crocodile has recently been seen in Lake Osceola. [MF note: the lake in the center of campus.] Signs are posted around Lake Osceola and near the canals on campus as a reminder of their presence. They may appear docile an…

Robot Law II is Now Available! (In Hardback)
type: item
creator: Michael Froomkin
date: 2025-05-02T00:03:07Z
subject: AI
subject: Robots
subject: Writings
description: Robot Law: Volume II Edited by Ryan Calo, A. Michael Froomkin and Kristen Thomasen ‘Robot Law: Volume II assembles cutting-edge scholarship from leading experts, many of whom are regular contributors to the prestigious We Robot Conferences. This timely volume offers incisive … Continue reading → The post Robot Law II is Now Available! (In Hardback) appeared first on Discourse.net.
encoded: <img decoding="async" class="CToWUd alignleft" src="https://ci3.googleusercontent.com/meips/ADKq_NbYLf3RoTOPiigkto6WtLQOUE0XyppRaPh660YxyMjkid7qc30dtlancfCFU2o9OFXke4eC4EwBzKSblFoSH85M7gsGNnf49CV0zB0GNw7Za8NHtHiqN0x2lxOpU7XzNr02q-pMC22MbigAbzin=s0-d-e1-ft#https://i2.cmail19.com/ei/r/12/CBD/B0B/215216/csfinal/CaloRobotVol2-99045106db01453c.jpg" alt="A New Framework for Intermediary Liability" width="175" data-bit="iit" /> Robot Law: Volume II Edited by Ryan Calo, A. Michael Froomkin and Kristen Thomasen ‘Robot Law: Volume II assembles cutting-edge scholarship from leading experts, many of whom are regular contributors to the prestigious We Robot Conferences. This timely volume offers incisive analysis of pressing legal and ethical challenges posed by AI and robots; from autonomous machines to algorithmic-generated issues. This is an indispensable resource for interested scholars, policymakers, and anyone grappling with the societal impacts of emerging technologies.’ – Fumio Shimpo, Keio University, Japan Here’s a free chapter: Abeba Birhane and Jelle van Dijk, Robot rights? Let’s talk about human welfare instead I think this terrific paper should be read by anyone who is even flirting with the idea that robots (or AIs!) are the sort of thing that are entitled to any rights, much less human-like rights. Yes, I’ll bracket out two scenarios: one, maybe someday we build an AI that really seems to be sentient. Not holding my breath, but if we get there, we can cross that bridge. Second, and more realistic, we might decide that humanoid robots, or animal-like robots, should be entitled to some protections from abuse not because they ‘deserve’ it, but because we discover that allowing abuse of machines that look like living things might have bad effects on the abusers that they then carry over to their interactions with animals and people. In other words, if kicking robot dogs trains you to kick real ones, or abusing very humanoid robots habituates you to abusing people, we…

Coral Gables Commission Run-off April 22-Voter’s Guide
type: item
creator: Michael Froomkin
date: 2025-04-19T00:10:19Z
subject: Miami
description: There are just two candidates in the coming run-off election for the Group III seat in Coral Gables (when will they adopt ranked-choice voting and save us this trouble????): You can have Richard Lara, the candidate whose campaign is bulging … Continue reading → The post Coral Gables Commission Run-off April 22-Voter’s Guide appeared first on Discourse.net.
encoded: There are just two candidates in the coming run-off election for the Group III seat in Coral Gables (when will they adopt ranked-choice voting and save us this trouble????): You can have Richard Lara, the candidate whose campaign is bulging with developer cash and who will continue if not accelerate the transformation of the City Beautiful into the City Overdeveloped. Not coincidentally, he’s going to lock in a slate with Vince Lago. Or you can have a self-funded candidate, Tom Wells, whose web site doesn’t even ask for your money. He has more experience with the nuts and bolts of how Coral Gables works. And he promises to stop overdevelopment, and bring back civility. The first thing can be done by being the swing vote. The second will be a lot harder. The vitriol has been think on this one–not from Lara himself, but from his supporters. Lara himself has limited himself to dogwhistle politics, like running ads on the Fox network, although that is not my idea of the home of civility. For me it’s a very clear and easy choice: Vote Tom Wells. (FWIW the Miami Herald agrees.) Early voting is this weekend at the Coral Gables Library 7am to 7pm. Otherwise it’s the normal hours at your local precinct this Tuesday. Don’t put it off! Here’s the key part of Herald’s endorsement: The candidate who wins this seat could serve as the swing vote on commission decisions. The winner should focus on staying away from petty fights and allegations to focus on what’s best for residents. There are continuing allegations and counter-allegations about which candidate is aligned with which faction. But Coral Gables residents have made it very clear: They want to see a return to civility and an end to factionalism. Wells would be well advised to listen to the voters. And Lara, who said he wants to see “smart and responsible development,” should consider serving on a government board or committee to demonstrate his desire to serve the community. In the runoff race for the Coral Gables Commiss…

Vince Lago Campaign Has No Shame
type: item
creator: Michael Froomkin
date: 2025-04-08T17:50:42Z
subject: Coral Gables
description: I just got a shameful text message from the Vince Lago campaign. Recall that Lago is an ambitious Republican who has run a straight-up MAGA campaign in both this and the last election. His PAC is even called “Coral Gables … Continue reading → The post Vince Lago Campaign Has No Shame appeared first on Discourse.net.
encoded: I just got a shameful text message from the Vince Lago campaign. Recall that Lago is an ambitious Republican who has run a straight-up MAGA campaign in both this and the last election. His PAC is even called “Coral Gables First”. And now this: <img fetchpriority="high" decoding="async" data-attachment-id="33358" data-permalink="https://www.discourse.net/2025/04/vince-lago-campaign-has-no-shame/screenshot_20250408-133942/" data-orig-file="https://www.discourse.net/site/wp-content/uploads/2025/04/Screenshot_20250408-133942.jpg" data-orig-size="1182,2560" data-comments-opened="1" data-image-meta="{"aperture":"0","credit":"","camera":"","caption":"","created_timestamp":"0","copyright":"","focal_length":"0","iso":"0","shutter_speed":"0","title":"","orientation":"0"}" data-image-title="Screenshot_20250408-133942" data-image-description="" data-image-caption="" data-medium-file="https://www.discourse.net/site/wp-content/uploads/2025/04/Screenshot_20250408-133942-139x300.jpg" data-large-file="https://www.discourse.net/site/wp-content/uploads/2025/04/Screenshot_20250408-133942-185x400.jpg" class="aligncenter wp-image-33358" src="https://www.discourse.net/site/wp-content/uploads/2025/04/Screenshot_20250408-133942.jpg" alt="" width="600" height="1299" srcset="https://www.discourse.net/site/wp-content/uploads/2025/04/Screenshot_20250408-133942.jpg 1182w, https://www.discourse.net/site/wp-content/uploads/2025/04/Screenshot_20250408-133942-139x300.jpg 139w, https://www.discourse.net/site/wp-content/uploads/2025/04/Screenshot_20250408-133942-185x400.jpg 185w, https://www.discourse.net/site/wp-content/uploads/2025/04/Screenshot_20250408-133942-69x150.jpg 69w, https://www.discourse.net/site/wp-content/uploads/2025/04/Screenshot_20250408-133942-768x1663.jpg 768w, https://www.discourse.net/site/wp-content/uploads/2025/04/Screenshot_20250408-133942-709x1536.jpg 709w, https://www.discourse.net/site/wp-content/uploads/2025/04/Screenshot_20250408-133942-946x2048.jpg 946w" sizes="(max-widt…

Coral Gables Hits New Pre-Election Lows
type: item
creator: Michael Froomkin
date: 2025-04-04T18:45:54Z
subject: Coral Gables
description: I don’t know that everything on this list is accurate, but I do believe that more than half of it is. That’s quite damning…. The post Coral Gables Hits New Pre-Election Lows appeared first on Discourse.net.
encoded: I don’t know that everything on this list is accurate, but I do believe that more than half of it is. That’s quite damning…. The post Coral Gables Hits New Pre-Election Lows appeared first on Discourse.net.

Are Coral Gables Police Cooperating with ICE?
type: item
creator: Michael Froomkin
date: 2025-04-03T15:30:36Z
subject: Civil Liberties
subject: Coral Gables
description: I’m about to go to the airport, so I don’t have time to investigate this, but I just got text message with no name attached, just the (alleged) source phone number 786 610-5260, claiming that the Coral Gables police signed … Continue reading → The post Are Coral Gables Police Cooperating with ICE? appeared first on Discourse.net.
encoded: I’m about to go to the airport, so I don’t have time to investigate this, but I just got text message with no name attached, just the (alleged) source phone number 786 610-5260, claiming that the Coral Gables police signed a deal allowing CG police to act as ICE agents. There was no link, and no source information, which combined with the lack of a name on the message does tend to make it look like a hoax. Does anyone know if this is true? If it is true, then Coral Gables Commission candidates (and indeed, sitting Commissioners too) should state if they’ll vote to end the agreement. I wouldn’t post this normally if I had time to check it out, but I’ll be away through late Sunday. Early voting is this weekend, and election is Tuesday. The post Are Coral Gables Police Cooperating with ICE? appeared first on Discourse.net.