Monthly Archives: August 2006

Campus Cops Gone Wild

Via boing-boing comes this amazing story of campus cops gone wild at the University of Florida. (Note that since UF is a public university, the cops are subject to the same constitutional constraints as other cops.):

Phil Sandifer, a grad student in English at Gainesville’s University of Florida … was harassed by campus cops for publishing fiction on his LiveJournal. The cops — acting on a tip that appears to have originated from people displeased with Sandifer’s Wikipedia editing style — argued that because Sandifer’s story depicted a murder, he should be fingerprinted and have his DNA taken in order to ensure that he wasn’t responsible for any unsolved murders.

As I investigated this story, the campus cops stonewalled me, but used the fact that I was leaving messages for them to attempt to frighten Sandifer into allowing them to fingerprint and DNA-sample him, saying that a journalist was on the story and he’d better exonerate himself before the story broke. They went to Sandifer’s (righteously angry and uncooperative) faculty advisors and, in front of them, leaned on Sandifer for his biometrics and threatened to retrieve his DNA from his garbage if he wouldn’t concede to a DNA swab.

Mitchell J Silverman, an attorney in Hollywood, Florida, used the state’s sunshine laws to get hold of the police reports on the event.

The report is remarkable for what it doesn’t say: it is an apparent fabrication that contradicts the eyewitness reports of everyone I spoke to involved in this story.

Posted in Florida | 1 Comment

Student Sues UM Over Strike-Related Discipline

I have no idea why the details are being reported by a columnist rather than the Miami Herald news section, but Ana Menendez’s opinion column yesterday has an account of Brian Lemmerman’s lawsuit against UM. The essence of the complaint appears to be a breach of contract claim predicated on the the University’s alleged failure to follow its own rules when disciplining him for his participation in strike-support activities.

According to the column, the other students subject to (secret) disciplinary proceedings over the summer have thrown in the towel, in part, I suspect, because most of their punishments were not as severe as the outrageous sanctions the University originally threatened.

I have not seen the complaint, but cases like this generally face two roadblocks: first, universities often write themselves a lot of discretion into their rules in part because they hate to tie their own hands, in part to avoid suits like this. The second problem is that it’s a contract case, not a tort case, so the possible damages are limited to the value of the contract. Mr. Lemmerman is claiming $15K, which I presume is based on some computation involving tuition, but I’d expect UM’s lawyers to press hard on the damages part of the claim.

Background on student discipline issue: Lessons and Faculty Sign Open Letter to Administration.

Posted in U.Miami: Strike'06 | Comments Off on Student Sues UM Over Strike-Related Discipline

Why the Law School Needs an Official Blog

I think the law school needs an official blog, run by the Dean’s Office, so that we could have quick and official answers to frequently asked student questions. But that’s probably years away. So I’m going to do my best to give unofficial answers to the questions posted by an anonymous student. I’ve put his/her questions in indent and interspersed my responses at the regular margin. Note that the italics are part of the original from which I’m quoting.

They fixed up the student lounge. Fantastic! I didn’t go in but it looks like they got rid of the couches and desks and ripped up the carpet. So it’s a sterile room with more space for setting up chairs but nowhere to actually do the lounging.

We’re having a reception in there tonight. If I recall, I heard that the furniture should turn up in a few days.

Now we can only print a set number of pages, then after 1,200 pages, you have to pay. That’ll work great. I’m sure no one will have any complaints about things like oh, I don’t know…how on any given day at least two printers are broken, which means you send something to a printer and it just disappears into cyberspace, meaning under the new system you’ll still get “charged” with having printed it.

We studied this carefully. 1,200 pages is much, much more than all but a handful of student (ab)users print out. For over 95% of the class, there’s plenty of margin for error. Fewer abusers also means the machines and paper supplies should last longer.

Some of the classes, including Trusts and Estates with professor Elements, were suddenly cancelled. I know several people who are angry about that because it threw off their schedule. I assume the reason is that Professor Elements is not doing well. I knew he was sick but have no idea how he’s doing. Here’s hoping he gets better — if in fact the reason for cancelling the class is that he’s sick.

At present, he’s not reliably well enough to teach, alas.

[Long screed about parking]

Parking is controlled by the university, not the law school, alas. E-mail President Shalala’s office about the flooding, something might actually happen…

Posted in U.Miami | 12 Comments

Quip

According to reports, Fidel Castro is alert and being briefed. And I’m thinking, why didn’t we get a president like that?

—David Letterman

Posted in Politics: US | Comments Off on Quip

Judge Rules Warrantless Domestic Wiretaps Are Unconstitutional

AP: Judge nixes warrantless surveillance

A federal judge ruled Thursday that the government’s warrantless wiretapping program is unconstitutional and ordered an immediate halt to it.

U.S. District Judge Anna Diggs Taylor in Detroit became the first judge to strike down the National Security Agency’s program, which she says violates the rights to free speech and privacy.

Alas, I haven’t time right now to read the opinion [PDF] and judgment and permanent injunction order [PDF].

UPDATE: Jack Balkin read it and isn’t impressed by the quality of the reasoning.

Posted in Civil Liberties, Law: Constitutional Law | 3 Comments

Today’s Gripe: NVu

NVu is a pretty good lightweight WYSIWYG HTML editor. It produces nice clean output without all that cruft that commercial products seem to insist on. But it lacks support for the BLOCKQUOTE tag. Which makes it a pain for me to use. [Yes, yes, I know that blockquote is deprecated in favor of style sheets. But it’s easy, and does exactly what I want to do when insetting quotes. And ‘deprecated’ doesn’t mean obsolete!]

Update: And I wish it had a spell checker too….

Posted in Software | 4 Comments