Michael Froomkin
@mfroomkin.bsky.social
U.Miami Lawprof. Techie. Teach AI, AdLaw, https://tinyurl.com/concrisis, Jurisprudence & Privacy. EIC of Jotwell.com. Home@ https://law.tm. Survivor of many medical things that should have killed me but didn't. Remains to be seen if I'm stronger.
Expert on TX redistricting case: bad lawyering sunk the gerrymandering plan. SCT should affirm trial court due to explicit racial motivation for plan.
www.houstonpress.com/news/uh-law-...
www.houstonpress.com/news/uh-law-...
UH Law Prof: Supreme Court Should Toss '25 Redistricting Maps - Houston Press
A University of Houston law professor says Republican politicians clearly initially presented their call for redistricting on racial grounds.
www.houstonpress.com
November 25, 2025 at 1:55 PM
Expert on TX redistricting case: bad lawyering sunk the gerrymandering plan. SCT should affirm trial court due to explicit racial motivation for plan.
www.houstonpress.com/news/uh-law-...
www.houstonpress.com/news/uh-law-...
Reposted by Michael Froomkin
Jotwell Legal History:
Jonathon Booth, Religious Police Forces with Public Powers, JOTWELL (November 24, 2025) (reviewing Grace Watkins, Piety Police, 134 Yale L.J. 2645 (2025)), legalhist.jotwell.com/religious-po....
Jonathon Booth, Religious Police Forces with Public Powers, JOTWELL (November 24, 2025) (reviewing Grace Watkins, Piety Police, 134 Yale L.J. 2645 (2025)), legalhist.jotwell.com/religious-po....
November 24, 2025 at 3:24 PM
Jotwell Legal History:
Jonathon Booth, Religious Police Forces with Public Powers, JOTWELL (November 24, 2025) (reviewing Grace Watkins, Piety Police, 134 Yale L.J. 2645 (2025)), legalhist.jotwell.com/religious-po....
Jonathon Booth, Religious Police Forces with Public Powers, JOTWELL (November 24, 2025) (reviewing Grace Watkins, Piety Police, 134 Yale L.J. 2645 (2025)), legalhist.jotwell.com/religious-po....
Eloquent essay by Bill McKibben on the growing reaction to the "version of Christianity ... [that] meshes easily with the savage cruelty of the new political order".
When mainline Protestant and Catholic churches unite, stuff happens. Eventually.
www.theguardian.com/us-news/ng-i...
When mainline Protestant and Catholic churches unite, stuff happens. Eventually.
www.theguardian.com/us-news/ng-i...
They’re doing to America what they did to Christianity | Bill McKibben
Trump’s wrecking-ball approach to America has a precedent: the evangelical perversion of Jesus’s message of radical love to one of hate and aggression
www.theguardian.com
November 23, 2025 at 5:34 PM
Eloquent essay by Bill McKibben on the growing reaction to the "version of Christianity ... [that] meshes easily with the savage cruelty of the new political order".
When mainline Protestant and Catholic churches unite, stuff happens. Eventually.
www.theguardian.com/us-news/ng-i...
When mainline Protestant and Catholic churches unite, stuff happens. Eventually.
www.theguardian.com/us-news/ng-i...
FPL, the electric monopoly, will get a 10.95% guaranteed return on capital. Our rates will go up a lot to pay for it.
My online bank touts its 3.3% on savings as great. 10 yr Treasuries are at about 4%
Thank you Ron DeSantis, who appointed the regulators.
jasongarcia.substack.com/p/florida-ju...
My online bank touts its 3.3% on savings as great. 10 yr Treasuries are at about 4%
Thank you Ron DeSantis, who appointed the regulators.
jasongarcia.substack.com/p/florida-ju...
Florida just approved the largest electric rate increase in history. Here's how it happened.
Florida Power & Light won permission last week to raise electricity rates by $7 billion over the next four years. Here's why it's so big, how FPL pulled it off, and who should be held accountable.
jasongarcia.substack.com
November 23, 2025 at 5:10 PM
FPL, the electric monopoly, will get a 10.95% guaranteed return on capital. Our rates will go up a lot to pay for it.
My online bank touts its 3.3% on savings as great. 10 yr Treasuries are at about 4%
Thank you Ron DeSantis, who appointed the regulators.
jasongarcia.substack.com/p/florida-ju...
My online bank touts its 3.3% on savings as great. 10 yr Treasuries are at about 4%
Thank you Ron DeSantis, who appointed the regulators.
jasongarcia.substack.com/p/florida-ju...
It seems they couldn't bear the sanity.
November 23, 2025 at 5:20 AM
It seems they couldn't bear the sanity.
Reposted by Michael Froomkin
If the 28-point plan came from Russia and somehow ended up in the hands of U.S. lawmakers, then we don’t have a “leak” problem we have a foreign influence problem. And anyone downplaying that should not be anywhere near national security decisions.
November 22, 2025 at 11:22 PM
If the 28-point plan came from Russia and somehow ended up in the hands of U.S. lawmakers, then we don’t have a “leak” problem we have a foreign influence problem. And anyone downplaying that should not be anywhere near national security decisions.
Today's America. Someday there needs to be a reconning.
Meanwhile we have amateur heros documenting the occupiers, and we have juries, the local press, and increasingly angry churches and civil society.
www.charlotteobserver.com/news/local/c...
Meanwhile we have amateur heros documenting the occupiers, and we have juries, the local press, and increasingly angry churches and civil society.
www.charlotteobserver.com/news/local/c...
ICE video shows officers planned to ‘smash’ into Charlotte man filming Border Patrol
Immigration agents had a 12-pack of Modelos in their car while making arrests, Miguel Angel Garcia Martinez told investigators.
www.charlotteobserver.com
November 22, 2025 at 10:44 PM
Today's America. Someday there needs to be a reconning.
Meanwhile we have amateur heros documenting the occupiers, and we have juries, the local press, and increasingly angry churches and civil society.
www.charlotteobserver.com/news/local/c...
Meanwhile we have amateur heros documenting the occupiers, and we have juries, the local press, and increasingly angry churches and civil society.
www.charlotteobserver.com/news/local/c...
NYT: "We're writing to let you know that ... your home delivery subscription rate will increase to $45.00 per week from your current rate of $39.25 per week. " So, 12.7% increase, and still bill me for Saturday although they don't deliver it till Sunday.
What do they make it with, eggs?
What do they make it with, eggs?
November 22, 2025 at 7:57 PM
NYT: "We're writing to let you know that ... your home delivery subscription rate will increase to $45.00 per week from your current rate of $39.25 per week. " So, 12.7% increase, and still bill me for Saturday although they don't deliver it till Sunday.
What do they make it with, eggs?
What do they make it with, eggs?
Reposted by Michael Froomkin
Asawin writes (in part): The fact that the he can proudly, repeatedly endorse the slaughter of 6 duly elected American politicians this week & have it register in our national consciousness & media not as a presidency-ending scandal but as just another Thursday, is a profound indictment of us all.
new from me this am for @zeteo.com
How We Grew Numb to Trump’s Calls for the Slaughter of Anyone He Wants
zeteo.com/p/how-we-gre...
How We Grew Numb to Trump’s Calls for the Slaughter of Anyone He Wants
zeteo.com/p/how-we-gre...
How We Grew Numb to Trump’s Calls for the Slaughter of Anyone He Wants
Is this what we’ve become, at this failing stage of the grand American democratic experiment?
zeteo.com
November 22, 2025 at 4:54 PM
Asawin writes (in part): The fact that the he can proudly, repeatedly endorse the slaughter of 6 duly elected American politicians this week & have it register in our national consciousness & media not as a presidency-ending scandal but as just another Thursday, is a profound indictment of us all.
I don't have access to the Washington Post, but do they name (and shame) the person(s) who issued the original order saying a Swastika and a noose were not hate symbols ? If not, time for some better reporting, please.
Cheers to the person who leaked the initial changes www.washingtonpost.com/national-sec...
In reversal, Coast Guard again classifies swastikas, nooses as hate symbols
The new order came hours after The Post reported the service would instead classify such symbols as “potentially divisive” under guidelines set for release next month.
www.washingtonpost.com
November 21, 2025 at 5:22 PM
I don't have access to the Washington Post, but do they name (and shame) the person(s) who issued the original order saying a Swastika and a noose were not hate symbols ? If not, time for some better reporting, please.
This list of banned terms for an invited speaker is a clear First Amendment violation when issued by a public university. I hope someone sues them. And if they have any integrity, they will be very happy to lose as then they can say "sorry, we tried" and go back to ordinary business.
November 21, 2025 at 4:17 PM
This list of banned terms for an invited speaker is a clear First Amendment violation when issued by a public university. I hope someone sues them. And if they have any integrity, they will be very happy to lose as then they can say "sorry, we tried" and go back to ordinary business.
Reposted by Michael Froomkin
Jotwell Jurisprudence:
Julieta Rabanos, The Veil of Legislative Intent, JOTWELL (Nov. 21, 2025) (reviewing Francesca Poggi & Francesco Ferraro From the Ideal Legislator to the Competent Speaker: Uncovering the Deception in Legislative Intent, 15 Juris. 464 (2024)), juris.jotwell.com/the-veil-of-....
Julieta Rabanos, The Veil of Legislative Intent, JOTWELL (Nov. 21, 2025) (reviewing Francesca Poggi & Francesco Ferraro From the Ideal Legislator to the Competent Speaker: Uncovering the Deception in Legislative Intent, 15 Juris. 464 (2024)), juris.jotwell.com/the-veil-of-....
November 21, 2025 at 3:13 PM
Jotwell Jurisprudence:
Julieta Rabanos, The Veil of Legislative Intent, JOTWELL (Nov. 21, 2025) (reviewing Francesca Poggi & Francesco Ferraro From the Ideal Legislator to the Competent Speaker: Uncovering the Deception in Legislative Intent, 15 Juris. 464 (2024)), juris.jotwell.com/the-veil-of-....
Julieta Rabanos, The Veil of Legislative Intent, JOTWELL (Nov. 21, 2025) (reviewing Francesca Poggi & Francesco Ferraro From the Ideal Legislator to the Competent Speaker: Uncovering the Deception in Legislative Intent, 15 Juris. 464 (2024)), juris.jotwell.com/the-veil-of-....
A good sermon, although it fails to call for the president's impeachment. I can't help but think it's also sort of an informal declaration of a campaign for president. So far, I still prefer Pritzker-Warnock and not only for geographic/electoral college reasons. And that Warnock really can preach!
November 20, 2025 at 11:48 PM
A good sermon, although it fails to call for the president's impeachment. I can't help but think it's also sort of an informal declaration of a campaign for president. So far, I still prefer Pritzker-Warnock and not only for geographic/electoral college reasons. And that Warnock really can preach!
The sleeping giant wakes. Once the churches get active they can really make a difference.
NEW: Churches in Charlotte are hosting trainings on how to response to ICE agents — with *hundreds* filling pews.
At one training, a child led those gathered in "This Little Light of Mine" — but changed the words to “All around Border Patrol, I’m gonna let it shine" religionnews.com/2025/11/20/a...
At one training, a child led those gathered in "This Little Light of Mine" — but changed the words to “All around Border Patrol, I’m gonna let it shine" religionnews.com/2025/11/20/a...
As ICE descends on Charlotte, faith leaders draw on other cities' actions to aid immigrants
(RNS) — As many as 500 people, a mix of clergy and other volunteers, have appeared at the training sessions on how to counter ICE.
religionnews.com
November 20, 2025 at 10:55 PM
The sleeping giant wakes. Once the churches get active they can really make a difference.
My grandfather hid in a cave in southern France for a couple of years to escape the Nazis.
I imagine everyone of dreaded Boomer era has similar story:
-My uncle fought in Battle of Bulge, vs Nazis
-My future father-in-law was in submarine, vs Nazis
-My dad was in training as Navy doctor, to fight Nazis
Now MAGA/Trump/Hegseth: "Who are we to judge?"
www.washingtonpost.com/national-sec...
-My uncle fought in Battle of Bulge, vs Nazis
-My future father-in-law was in submarine, vs Nazis
-My dad was in training as Navy doctor, to fight Nazis
Now MAGA/Trump/Hegseth: "Who are we to judge?"
www.washingtonpost.com/national-sec...
U.S. Coast Guard will no longer classify swastikas, nooses as hate symbols
The military service, which falls under the Department of Homeland Security, has drafted a new policy that classifies such items “potentially divisive.”
www.washingtonpost.com
November 20, 2025 at 10:18 PM
My grandfather hid in a cave in southern France for a couple of years to escape the Nazis.
This is just the beginning of the coming surveillance regime.
November 20, 2025 at 7:33 PM
This is just the beginning of the coming surveillance regime.
Reposted by Michael Froomkin
Below is the video to which Trump has responded:
“SEDITIOUS BEHAVIOR, punishable by DEATH!”
“SEDITIOUS BEHAVIOR, punishable by DEATH!”
We want to speak directly to members of the Military and the Intelligence Community.
The American people need you to stand up for our laws and our Constitution.
Don’t give up the ship.
The American people need you to stand up for our laws and our Constitution.
Don’t give up the ship.
November 20, 2025 at 3:36 PM
Below is the video to which Trump has responded:
“SEDITIOUS BEHAVIOR, punishable by DEATH!”
“SEDITIOUS BEHAVIOR, punishable by DEATH!”
This.
These seditious words are from the '24 DoD Manual for Courts-Martial: "It is a defense to any offense that the accused was acting pursuant to orders unless the accused knew the orders to be unlawful or a person of ordinary sense and understanding would have known the orders to be unlawful." (II-136)
November 20, 2025 at 7:14 PM
This.
I wonder how long it will be before some clever lawyer tries to introduce this report as evidence as to why the presumption of regularity should not apply in their case...
Brand New Updated Presumption of Regularity Study, which was featured on 60 Minutes
By Ryan Goodman, Siven Watt, Audrey Balliette, Margaret Lin, Michael Pusic and Jeremy Venook
www.justsecurity.org/120547/presu...
By Ryan Goodman, Siven Watt, Audrey Balliette, Margaret Lin, Michael Pusic and Jeremy Venook
www.justsecurity.org/120547/presu...
The “Presumption of Regularity” in Trump Administration Litigation
Comprehensive study of court cases involving Trump administration and the basis for courts no longer giving a "presumption of regularity."
www.justsecurity.org
November 20, 2025 at 5:14 PM
I wonder how long it will be before some clever lawyer tries to introduce this report as evidence as to why the presumption of regularity should not apply in their case...
I am old enough to remember when it was unimaginable for a President to say members of Congress should be sentenced to death. It never came up, but if it had we'd have been talking resignation, impeachment, or medication. (Also, there's the Speech & Debate Clause...). www.yahoo.com/news/article...
Trump says Democrats who told US military to refuse illegal orders deserve death
WASHINGTON (Reuters) -President Donald Trump on Thursday assailed Democratic lawmakers who told members of U.S. military they must refuse any illegal orders, calling them traitors and saying they
www.yahoo.com
November 20, 2025 at 4:13 PM
I am old enough to remember when it was unimaginable for a President to say members of Congress should be sentenced to death. It never came up, but if it had we'd have been talking resignation, impeachment, or medication. (Also, there's the Speech & Debate Clause...). www.yahoo.com/news/article...
Reposted by Michael Froomkin
Jotwell IP:
Jessica Silbey, Readers are Authors, Especially in the AI Age, JOTWELL (November 20, 2025) (reviewing Abraham Drassinower, The Work of Readership in Copyright, available at SSRN (May 21, 2024)), ip.jotwell.com/readers-are-....
Jessica Silbey, Readers are Authors, Especially in the AI Age, JOTWELL (November 20, 2025) (reviewing Abraham Drassinower, The Work of Readership in Copyright, available at SSRN (May 21, 2024)), ip.jotwell.com/readers-are-....
November 20, 2025 at 3:18 PM
Jotwell IP:
Jessica Silbey, Readers are Authors, Especially in the AI Age, JOTWELL (November 20, 2025) (reviewing Abraham Drassinower, The Work of Readership in Copyright, available at SSRN (May 21, 2024)), ip.jotwell.com/readers-are-....
Jessica Silbey, Readers are Authors, Especially in the AI Age, JOTWELL (November 20, 2025) (reviewing Abraham Drassinower, The Work of Readership in Copyright, available at SSRN (May 21, 2024)), ip.jotwell.com/readers-are-....
Never heard of this before. I guess a lot more turns on whether dismissal of the Comey indictment is with or without prejudice than I expected.
/2 There’s a statute that revives and extends the statute of limitations if an indictment is dismissed.
www.law.cornell.edu/uscode/text/...
www.law.cornell.edu/uscode/text/...
November 20, 2025 at 3:16 AM
Never heard of this before. I guess a lot more turns on whether dismissal of the Comey indictment is with or without prejudice than I expected.
Will AI slop papers overwhelm law reviews and crowd out real papers by humans? So warns Frank Fagan in "The Coming Law Review Shortage" papers.ssrn.com/sol3/papers....
But do people read law reviews any more? I think most just search them and cherry-pick quotes. Go JOTWELL! jotwell.com
But do people read law reviews any more? I think most just search them and cherry-pick quotes. Go JOTWELL! jotwell.com
The Coming Law Review Shortage
Today, law reviews sit near equilibrium: roughly 5,000 annual submissions for about 5,600 slots. Tomorrow, large language models are likely to drive output towa
papers.ssrn.com
November 19, 2025 at 4:18 PM
Will AI slop papers overwhelm law reviews and crowd out real papers by humans? So warns Frank Fagan in "The Coming Law Review Shortage" papers.ssrn.com/sol3/papers....
But do people read law reviews any more? I think most just search them and cherry-pick quotes. Go JOTWELL! jotwell.com
But do people read law reviews any more? I think most just search them and cherry-pick quotes. Go JOTWELL! jotwell.com
Phillips O'Brien's newsletter has been the most reliable source of info about the Russian war on Ukraine. So take this warning seriously: Trump & Co have worked out a surrender deal with Russian behind the backs of Ukraine, Europe, the US Congress.
phillipspobrien.substack.com/p/trump-was-...
phillipspobrien.substack.com/p/trump-was-...
Trump Was Working With Putin The Entire Time
And Now Europe and Ukraine Will Pay The Price
phillipspobrien.substack.com
November 19, 2025 at 4:13 PM
Phillips O'Brien's newsletter has been the most reliable source of info about the Russian war on Ukraine. So take this warning seriously: Trump & Co have worked out a surrender deal with Russian behind the backs of Ukraine, Europe, the US Congress.
phillipspobrien.substack.com/p/trump-was-...
phillipspobrien.substack.com/p/trump-was-...
Undoubtedly the Judge will meekly go along with this, um, unusual order.
BREAKING: Prosecutors in the Comey case just told the judge that they’re under orders from the Deputy Attorney Generals’s office not to disclose whether career prosecutors wrote a memo recommending *against* indicting Comey prior to Halligan going to the grand jury.
November 19, 2025 at 4:01 PM
Undoubtedly the Judge will meekly go along with this, um, unusual order.