Monthly Archives: October 2010

Will New Ad Sink Scott?

This Alex Sink 2-minute ad, Profits Over Patients: The Rick Scott Story, is hard-hitting and, I would hope, devastating.

Devastating, that is, unless TV viewers are inured to scandal…which is always possible in Florida. Polls in the Governor's race suggest a very close race.

Posted in Politics: 2010 Election | 1 Comment

Time to Check the Weather in Hell

It must be a cold cold day in the nether regions when I find myself substantially in agreement with ultra-right-wing activist Karl Denninger. Yet, his plan for dealing with the spiraling mortgage mess (incentivize quiet title actions on a mass scale) seems — at first glance — to have quite a lot going for it.

See What Must Be Done – Today. What do you think? Am I missing something other than the fact that our courts don't currently have the capacity to hear all these cases?

Posted in Econ & Money: Mortgage Mess | 7 Comments

The Search for a Banner Image

I think this is a very striking image:

MI010052H.JPG

Copyright © 2008 – Mirko Ilic Corp All Rights Reserved. Reprinted by Permission.

As I work on a blog redesign, it's one of my favorites for a theme. But unfortunately, both its verticality and its greenness make it hard to use; it looks like I'll end up with something a bit less striking, more soothing, and much more horizontal, as a banner.

The artist — whose work came to my attention because of this great image regarding court decisions supporting gay rights — very kindly gave me license to use it if I wanted to.

Posted in Discourse.net | Comments Off on The Search for a Banner Image

Harold Feld Doesn’t Just Explain FCC Law on a Difficult Net Neutrality Question, He Makes It Funny

It is not easy to explain the debate over whether — were the FCC to reclassify broadband as a Tittle II service — Sec. 201 and 202 of the Communications Act of 1934, as amended, would then permit or require the agency to allow tiered services or whether net neutrality would/could survive. It's complicated, but grandmaster telecoms lawyer Harold Feld not only explains it in plain English, but manages to be really funny too. I hope he'll forgive my reprinting one of the better punch lines.

Posted in Law: Administrative Law | Comments Off on Harold Feld Doesn’t Just Explain FCC Law on a Difficult Net Neutrality Question, He Makes It Funny

Another Satisfied Customer

A former student writes,

I am happy to report that I landed a new job with the [federal agency name deleted] and so far everything is great. As part of my duties I am reviewing the entire [agency] rulemaking process and ensuring we follow the proper administrative procedures. I also provided rulemaking guidance and explained the feasibility of creating interim final rules to the [agency's] Under Secretary on a few issues and my recommendations actually led to a change in US negotiating policy [in something big and international]. So it's looking like your admin law class easily ended up being one of the most useful and practical and I often find myself looking at my class notes for guidance.

Of all the things I have ever taught, it is the Administrative Law course that students most often come back — several years later — and thank me for. While I'm happy to take some of the credit, I think most of it belongs to the intrinsic importance of the subject.

Why more students don't take Administrative Law law school remains something of a puzzle. After years of chewing it over, I've come down to thinking there are three reasons are that AdLaw is not a more popular course:

  • It's very hard
  • It's not on the bar exam
  • No one makes TV shows about administrative law or administrative lawyers.

But law students take note: you should take Administrative Law before you graduate — ideally in your second year of law school, because it's a foundational course that will help you with many other subjects.

Posted in Law School, Law: Administrative Law | 15 Comments

Bringing Insanity to New Heights (or Lows)

U.S. Senate candidate Sharron Angle told a crowd of supporters [last week] that the country needs to address a “militant terrorist situation” that has allowed Islamic religious law to take hold in some American cities.

So says the AP, in Angle: Muslim law taking hold in parts of US.

According to the AP, Ms. Angle was referring to … wait for it.. Dearborn, Michigan.

Dearborn, Michigan? Controlled by militant terrorist Muslims who want to deport all the other citizens of the town?

A spokesman for the Council on American-Islamic Relations was really quite kind about it all, settling for calling Angle's demagoguery “incoherent bigotry”. How about, maybe, several sandwiches short of a picnic? Certifiable? Raving delusional? Unfit for public office? Yet Angle is leading in some polls in Nevada.

Time to dust off one of my favorite Thomas Jefferson quotes:

I tremble for my country when I reflect that God is just, that His justice cannot sleep forever.

Then again, maybe Sen. Angle would be the retribution.

Posted in Politics: Tinfoil | 1 Comment