Monthly Archives: December 2011

Florida Supreme Court Axes Foreclosure Mandatory Mediation Program

I admit I haven’t been paying close attention recently, but I’m sort of shocked at this order from the Flordia Supreme Court terminating the mandatory mediation program for residential foreclosure cases.

To be sure, I had not been hearing that the program was anywhere near the success its proponents had hoped it would be. But this still seems very sudden. The reason given is this: “The Court has reviewed the reports on the program and determined it cannot justify continuation of the program. Accordingly, upon issuance of this administrative order, the statewide managed mediation program is terminated.”

Here’s the full text of the order:

IN RE: MANAGED MEDIATION PROGRAM FOR RESIDENTIAL MORTGAGE FORECLOSURE CASES

A statewide managed mediation program for residential mortgage foreclosure cases was established in 2009 by In re: Final Report and Recommendations on Residential Mortgage Foreclosure Cases, AOSC09-54, (Dec. 28, 2009). Program requirements were clarified in 20 I 0 by In Re: Guidance Concerning Managed Mediation Programs for Residential Mortgage Foreclosure Cases, AOSCIO-57 (Nov. 5,2010). The program was established as a means for the court system to address the overwhelming number of mortgage foreclosure cases coming into the system. The Court has reviewed the reports on the program and determined it cannot justify continuation of the program. Accordingly, upon issuance of this administrative order, the statewide managed mediation program is terminated.

Cases already referred to and pending in a mediation program on the date of this order pursuant to the statewide managed mediation program will remain in the program through completion of mediation. After the date of this order; no new cases may be referred to mediation pursuant to the statewide managed mediation program.

Circuit chief judges are vested under article V, section 2(d), Florida Constitution, with responsibility for the administrative supervision of their circuits. Section 43.26, Florida Statutes, authorizes circuit chief judges “to do everything necessary to promote the prompt and efficient administration of justice.” These authorities empower the circuit chief judges to adopt or employ any measures permitted by statute or court rule to manage pending and new residential mortgage foreclosure cases, including referral of cases to mediation on a case-by-case basis pursuant to section 44.102, Florida Statues, and Florida Rule of Civil Procedure 1.700(a).

DONE AND ORDERED at Tallahassee, Florida, on December 19, 2011.

As the order makes clear, judges can still order mediation on a case-by-case basis.

Anyone know the background to this?

Posted in Econ & Money: Mortgage Mess, Florida | 11 Comments

In Which I Confirm a Previously Established Result

In Negative Results Advance Science Too I reported the result of multi-day experiment conducted on a large pile of law school final exams. The result were discouraging, to say the least:

A large pile of exams, closely observed over a period of days, will not grade themselves. These results are reproducible. Furthermore, altering the test protocol to pay no attention to the exams does not appear to alter the outcome in a measurable way.

I regret to report that I have once again confirmed this result.

Posted in Law School | 1 Comment

US Military Officially “Out” of Iraq

Today we are told the last US troops pulled of Iraq. This allowed President Obama to announce the end of the Iraq war a week before Christmas. (We promised the Iraqis we’d be out by the 31st, so for all I know there may be a few stragglers.)

Out, of course, is a relative term. Left behind are a giant embassy compound in Baghdad, guarded by some Marines and up to 5,500 armed security contractors. Plus no doubt various secret outfits, of varying degrees of actual secrecy.

It’s clear to me that the entire affair was a major strategic disaster for the US, one entirely self-inflicted by the Bush administration. The war was prefigured when Bush moved half the US army to the Iraqi border. Having done so, he lacked the guts or the imagination to bring them home without attacking, but then the attack had always been his (and Cheney’s) intention. Bush-Cheney achieved their goal of killing Saddam Hussein, but as far as I can see got nothing of value to the US. Indeed, the strategic victor of the conflict was clearly Iran. There is even a plausible account that Iran manipulated the Bush administration into the conflict through its dupe, or even double-agent, Ahmad Chalabi. Regardless, the cost to the US in blood, treasure, and international influence, was and remains enormous.

One topic surprisingly under-reported in my media is whether the Iraqis think, on balance, it was worth it. They paid a much higher cost in blood, and in social upheaval, including what amounted to near-secession (the Kurds) and ethnic cleansing in many urban areas. I guess I’d like to know. Even a favorable verdict would not justify this war, but it might help some.

I am aware that some people want to argue that Arab Spring has roots in the Iraq war. I don’t see it. The causes of those revolutions seem to be to in the main highly indigenous: oppression plus rising expectations.

The case for semi-isolationism (e.g withdrawing to some form of NATO + a few key allies) has never looked so good. Not because it is good strategy or good international diplomacy (it may not be), or even because it might save us some money. The root of the case for semi-isolationism is that the Imperial Presidency cannot be trusted with the lives of our fellow citizens in uniform, nor with the lives of the inhabitants of the countries we aim to ‘save’.

That said, we should not forget that while the US was a leader in this effort, the US government did not act alone in Iraq: it was abetted by a ‘coalition of the willing’. The United Kingdom, Australia, and Poland contributed to the invasion. Thirty-seven other countries provided at least token, and sometimes more than token, troops to support military operations after the invasion was complete.

Posted in National Security, Politics: International | Comments Off on US Military Officially “Out” of Iraq

Vaclav Havel

BBC reports that Vaclav Havel has died at age 75.

His book of essays Living in Truth, and especially the essay The Power of the Powerless likely would be high on any list of works I have read that left an imprint.

Posted in Civil Liberties, Readings | Comments Off on Vaclav Havel

New Pew Poll Finds Frustration with Congress & Inequality

I was part of the telephone sample for this new poll sponsored by the Pew Research Center.

I found a few of the questions very difficult because while I think overall the Republicans are worse than the Democrats, I’m pretty mad at the Democrats too.

Posted in Politics: US | Comments Off on New Pew Poll Finds Frustration with Congress & Inequality

Miami Law’s World-Class International Arbitration Law Program

I don’t think many people yet grasp just how good the University of Miami’s international arbitration law program is, both at the JD and LL.M level.

Consider that the lead international arbitration professor on our faculty, Jan Paulsson, was just rated the #2 international arbitrator in the world based on a peer reputation survey.

And if that wasn’t enough, the #1 international arbitrator in the world in that same survey, Albert Jan van den Berg, visits here every year as a regular Visiting International Professor. And the other regular and visiting professors in the program are quite eminent too.

Read more puffing here.

Admittedly, international arbitration is a relatively small field, which it can be tough to break in to. But it is growing. And we’re really, really good at it.

Posted in Arbitration Law, Law School | 2 Comments