Monthly Archives: January 2010

Is BarCamp Miami 2010 Happening?

So I see where WordCamp Miami is up and ready to go in mid-February (charging $30 (plus service fee) for tickets).

But what's the story with (free) Bar Camp Miami? Supposedly there will be a 2010 edition, but the BarCamp Miami web page is all 2009.

I hope it's still on. Anyone know what's up?

Posted in Miami | 3 Comments

The Supreme Court Has Spoken

Quick summary of the theory underlying Citizens United v. FEC summarized in one photo:

corps.jpg

Thus, just like a person's independent expenditures on politics can't be regulated, so too with a corporation's.

This is partly Daniel Webster's fault. And partly a power grab.

Posted in Law: Constitutional Law | 6 Comments

UM Law Gets (Some) Amex Settlement Money

UM Anthropology Prof Edward LiPuma was the named plaintiff in a class action suit against Amex for overcharging on foreign payments. When the dust settled, there was a couple of million dollars left over, so the court allowed to money to go to local charities — including some to UM Law!

Daily Business Review: Dozens of charities and the University of Miami School of Law have benefited from the settlement of a class-action lawsuit that challenged overcharging American Express cardholders for overseas purchases.

A multi-state case pursued against the credit-card company in the name of Edward LiPuma, an anthropology professor at the University of Miami, ended in 2005 with a $75 million settlement. About $2 million was designated for so-called cy pres contributions, which are granted in class-action litigation when payments become unfeasible or funds remain after the claims process ends.

Beneficiaries included the law school, Legal Services of Greater Miami and several children’s advocacy groups.

The final contribution of $100,000 was handed out last month to the Lawyers for Children America, a nonprofit that provides bro bono legal representation for children who are the victims of abuse, abandonment and neglect. Another $100,000 was given to the Community Habilitation Center, a special education school in Miami.

Thank you to Ed, his fellow plaintiffs, class counsel, and Judge Altonaga.

Posted in U.Miami | Comments Off on UM Law Gets (Some) Amex Settlement Money

Pray for Us All

This is the real cost of terrorism — or rather, of a surrender to the fear of terrorsim: Bomb Scare Diverts Plane to Philly. Yes, making the world safe from tefillin.

Osama & Co must be laughing themselves sick over this one.

Is there a good recent estimate, anywhere of the full cost of airline 'security'? I don't mean just the TSA's running costs, but the remodeling of airports, the extra delays for passengers, the extra inconvenience caused by the moving of parking and cab ranks away from terminals, and so on?

Posted in National Security | 3 Comments

Blogging Grading

More good posts on various aspects of grading:

I'm maybe 75% done. Maybe.

Posted in Law School | 1 Comment

How’s Obama Doing, A Debate

Even before yesterday's election in Massachusetts, progressives have been split between those who see the Obama administration as a pretty good thing, doing the best one could hope for in difficult circumstances, and those who think they are either political cowards or what would be genuine liberal Republicans if we had such a thing.

On a mailing list I belong to, Nathan Newman posted a strong defense of the Obama record. I think it misses the point. With his kind permission, I'm posting first his text, then a second version interspersed with my responses. (For fairness, I wanted to give readers the full flavor of his argument before I responded to it.)

Here's the bulk of Newman's original posting, responding to the suggestion that Obama had failed to deliver for his electors:

• Obama passed the largest social spending bill in history in the form of the recovery plan last year, directing $300 billion into health care and education spending, along with tens of billions of dollars into food stamps, housing aid, unemployment insurance, and child care.
• Billions were directed into mass transit, weatherization and other conservation programs through the same bill.
• Millions of children have health care because of the SCHIP bill that was also passed.
CAFÉ standards were raised for the first time in decades—with a 35mpg standard adopted
• Lily Leadbetter and Equal Pay laws passed to fight pay discrimination
• Pro-labor executive orders promoted project labor agreements and helped unionized contract workers
• 2 million acres of land were protected against oil and gas drilling
• Strengthened state authority and restricting federal preemption to protect state consumer, environmental and labor laws
• Reversed Bush ban on stem cell research and on funding overseas family planning clinics

This is just a summary but these are solid achievements, less than what some might want but hardly “fucking us over.” The reality is that this is the first recession ever where we have provided health care insurance for the unemployed, where unemployment insurance was expanded to cover a higher percentage of the unemployed, and other aid to them was expanded in such a significant way. Notably, in December the NY Times found that 61% of the unemployed approved Obama’s handling of his job, quite a bit higher than the general population. But then, the unemployed are seeing first hand the help they’re getting due to Obama’s actions.

People are free to want more but we saw nothing like this during Clinton’s or Carter’s Presidency—and the Great Society was delivered in the middle of an economic boom. So you basically have to go back to FDR to find this level of social and economic legislation enacted in the middle of a recession.

Yes, Obama hasn’t delivered FDR-level political accomplishments, at least not yet. But that hardly justifies the animosity some people seem to have adopted.


And here's Newman again, this time interspersed with my reply:

• Obama passed the largest social spending bill in history in the form of the recovery plan last year, directing $300 billion into health care and education spending, along with tens of billions of dollars into food stamps, housing aid, unemployment insurance, and child care.

It was too small. 1 out of 5 men are unemployed. And we knew it was too small when he proposed it. It was pre-compromised: he didn't fight for more.

•Billions were directed into mass transit, weatherization and other conservation programs through the same bill.

Very little has trickled down yet. And by the way, that's approximately equal to the cost of one year of Bush's tax cuts for the richest 5% — which have not been repealed.

•Millions of children have health care because of the SCHIP bill that was also passed.

A win. But not one the middle class notices.

•CAFÉ standards were raised for the first time in decades—with a 35mpg standard adopted

When does that take effect? 2020? Yawn.

•Lily Leadbetter and Equal Pay laws passed to fight pay discrimination

Back to the status quo ante (before Supreme Court). An important (and relatively uncontroversial) change – because this had been the rule previously.

•Pro-labor executive orders promoted project labor agreements and helped unionized contract workers

How many workers have actually gotten jobs from this? Not many.

•2 million acres of land were protected against oil and gas drilling

•Strengthened state authority and restricting federal preemption to protect state consumer, environmental and labor laws

Way below the radar.

•Reversed Bush ban on stem cell research and on funding overseas family planning clinics

Payoffs are either abroad, or far in the future.

This is just a summary but these are solid achievements, less than what some might want but hardly “fucking us over.”

Almost nothing there for the middle class. Very little for the poor except SCHIP

The reality is that this is the first recession ever where we have provided health care insurance for the unemployed, where unemployment insurance was expanded to cover a higher percentage of the unemployed, and other aid to them was expanded in such a significant way. Notably, in December the NY Times found that 61% of the unemployed approved Obama’s handling of his job, quite a bit higher than the general population. But then, the unemployed are seeing first hand the help they’re getting due to Obama’s actions.

Much better than nothing — but jobs would be much better. Where's that big new public works infrastructure push to fix bridges? Nowhere visible. Do you see any signs anywhere in your neighborhood about a federal works project? I sure don't see any here.

People are free to want more but we saw nothing like this during Clinton’s or Carter’s Presidency—and the Great Society was delivered in the middle of an economic boom. So you basically have to go back to FDR to find this level of social and economic legislation enacted in the middle of a recession.

The PROBLEM is that it's nowhere on the scale of what FDR did (modulo bailouts) — and yet that is what the times require. We need FDR. We have … Nelson Rockefeller?

Yes, Obama hasn’t delivered FDR-level political accomplishments, at least not yet. But that hardly justifies the animosity some people seem to have adopted.

It's not simply the failure to deliver. It's the failure to show any DESIRE to deliver them. For someone who was such a great campaign speaker to fail to make the public case, repeatedly, for the big programs — not the crippled stimulus, with all the tax breaks, or the health care plan that contracted HillaryCare disease — failing to have a simple progressive (or populist) narrative that people could rally behind.

Without that big, public, bet-your-Presidency commitment, it all looks pretty half-hearted at best, Republican Lite at worst.

Posted in Politics: US | 15 Comments