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Michael Froomkin

@mfroomkin.bsky.social
1.9K followers 429 following 2.2K posts

U.Miami Lawprof. Techie. Teach AI, AdLaw, tinyurl.com/concrisis, Jurisprudence & Privacy. EIC of Jotwell.com. Home@ law.tm. Survivor of many medical things that should have killed me but didn't. Remains to be seen if I'm stronger.

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Michael Froomkin @mfroomkin.bsky.social · 19h
You don't have Comcast
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Jotwell @jotwell.bsky.social · 13/10/2026
Jotwell LegalPro: Sida Liu, Lawyer Activism and Legalism’s Uneven Paths in East Asia, JOTWELL (October 13, 2026) (reviewing Celeste L. Arrington, From Manners to Rules: Advocating for Legalism in South Korea and Japan (2025)), legalpro.jotwell.com/lawyer-activ....
Sida Liu
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Le Ca-ghoul @lecagle.bsky.social · 12/10/2026
Art.
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Michael Froomkin @mfroomkin.bsky.social · 12/10/2026
She calls it a "crime wave" of agents lying in affidavits to arrest Democrats. Sounds fair.
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Julian Sanchez @normative.bsky.social · 12/10/2026
Why would a physical search of Omar’s home in 2026 be relevant to or necessary for an investigation into whether her dad filled out a form incorrectly decades ago?
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Jotwell @jotwell.bsky.social · 12/10/2026
Jotwell LegalHist: Sara Mayeux, The Real Housewife of William Blackstone, JOTWELL (October 12, 2026) (reviewing Julia Rudolph, William Blackstone, Family Man: New Contexts in Gender, Jurisprudence, and Jamaica, Law & Hist. Rev. 1 (2026)), legalhist.jotwell.com/the-real-hou....
Sara Mayeux
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Michael Froomkin @mfroomkin.bsky.social · 12/10/2026
JJR is a terrific guy who is running against James Uthmeier, a disgrace to the legal profession. Such good news JJR's getting support. www.miamiherald.com/news/politic...
miamiherald.com
José Javier Rodríguez gets $5 million national injection for Florida AG race
The money represents the largest donation this cycle from a national Democratic group to a statewide Florida candidate.
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Michael Froomkin @mfroomkin.bsky.social · 11/10/2026
Help me: what is the theory on which this could be unconstitutional? If we treat the AI/agent as an extension of the person, DIY provides a sufficient alternate channel, doesn't it? Now, add blocking email, text, chat, and it's harder, but not much. Arguing AI has some rights itself is just silly.
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Michael Froomkin @mfroomkin.bsky.social · 09/10/2026
And so it begins?
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Michael Froomkin @mfroomkin.bsky.social · 09/10/2026
Redactions un-redacted. bsky.app/profile/obar...
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Michael Froomkin @mfroomkin.bsky.social · 09/10/2026
You rang? (He can 'establish' what he likes, just not empower it how he likes. And real issues about how any 'decision' would be reviewed.) bsky.app/profile/mfro...
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David Froomkin @dfroomkin.bsky.social · 09/10/2026
It is a great honor to receive the coveted "Highly Recommended!" Thank you, @lsolum.bsky.social! papers.ssrn.com/abstract=752...
papers.ssrn.com
Beyond Neoliberal Administration
Recent developments in administrative law limit Congress's ability to confer regulatory discretion on its administrative agents. Commentators have tended to vie
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Michael Froomkin @mfroomkin.bsky.social · 09/10/2026
Needless (?) to say, the facts publicly available very strongly show that there is no cause for firing whatsoever. So any conclusion to the contrary, absent something radically new in the facts, would be a travesty. I expect it nonetheless. 3/3
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Michael Froomkin @mfroomkin.bsky.social · 09/10/2026
While membership of the committee is sus, the rules of procedure seem crafted to look (be?) reasonable. A fun legal question would (will?) be if a conclusion that there is cause for firing would be reviewable, and under what standard. Not APA, but APA-adjacent?2/3 www.whitehouse.gov/presidential...
whitehouse.gov
Establishment of a Committee of Inquiry to Investigate Allegations of False Statements by Lisa DeNell Cook
MEMORANDUM FOR THE ATTORNEY GENERAL THE COUNSEL TO THE PRESIDENT THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC POLICY THE DIRECTOR OF THE OFFICE OF
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Michael Froomkin @mfroomkin.bsky.social · 09/10/2026
In a unitary exec world, the Prez claims plenary power to fire; SCT says 'not so fast' for the Fed. So WH needs fig leaves of due process (or, in fact, any process). This aims to provide. But it has no real legal status, nor power to compel testimony. 1/3 www.nytimes.com/2026/10/09/b...
nytimes.com
Trump Announces White House Inquiry Into Fed Governor Lisa Cook (Gift Article)
President Trump said the White House would investigate unsubstantiated claims that Lisa D. Cook committed mortgage fraud and hold a hearing next month.
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Michael Froomkin @mfroomkin.bsky.social · 09/10/2026
Wild new escalation in DOJ/ICE attempt to get immunity from legal consequences: our names should not be mentioned in public court papers.
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Jotwell @jotwell.bsky.social · 08/10/2026
Jotwell IP: David Fagundes, Insightful New Empirical Study Measuring Market Effects, JOTWELL (October 8, 2026) (reviewing Clark D. Asay, Cree Jones, Cassidy McCleary, & Stephanie Plamondon, An Evidence-Based Approach to Fair Use, 60 Ga. L. Rev. 203 (2026)), ip.jotwell.com/insightful-n....
David Fagundes
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Jotwell @jotwell.bsky.social · 07/10/2026
Jotwell Int'l: Hoi Kong, Dyzenhaus on Common Good Constitutionalism and the Rule of Law, JOTWELL (October 7, 2026) (reviewing David Dyzenhaus, The War Against Law: What’s Wrong with Common Good Constitutionalism (2026)), intl.jotwell.com/dyzenhaus-on....
Hoi Kong
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Michael Froomkin @mfroomkin.bsky.social · 05/10/2026
But it's not his money!
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Michael Froomkin @mfroomkin.bsky.social · 05/10/2026
Relative got a $500 check from US Treasury and a shocking letter full of lies signed by Trump and ending with "May God bless you". Basically a pre-electoral bribe. News reports say they're sending almost a million of these. Full text in alt below. (I told him to cash it quick before it bounces.)
Dear [name],

For years, the Biden Administration overcharged you to fund the operation of HealthCare.gov. That money belongs to hard-working Americans, not the Government, and now, I am returning it to you!

With this Historic Action, my Administration is taking the surplus funds that accumulated from the Obamacare ''Premium Tax" and issuing a one-time $500 REFUND to Americans who use the HealthCare.gov platform to purchase their health insurance, but who do not receive Taxpayer Subsidies to help pay for their Coverage. You have paid into this flawed System, and now you are finally getting something back.

Healthcare Dollars should benefit Patients, not Insurance Companies or Government Bureaucrats. Since returning to office, I have fought to lower Healthcare Costs, increase Accountability, and Put Patients First. Through TrumpRx, we are delivering massive discounts on Household Prescription Drugs, and my Most-Favored-Nation Pricing Agreements have already saved Americans more than 1 Billion Dollars on much-needed Medications. We also secured an unprecedented 50 Billion Dollar investment to transform Rural Healthcare, expanded access to Health Saving Accounts for millions of people on Obamacare, and restored Pnce Transparency, all while roofing out the Waste, Fraud, and abuse across our Healthcare System.

I am proud to return your money to you, and I will never stop fighting to put the American People FIRST, restore Affordability, protect your hard-earned money, and lower the Cost of Healthcare.

May God bless you, and may He continue to bless the United States of America!

Sincerely,

[signed] 

DONALD J. TRUMP
PRESIDENT OF THE UNITED STATES OF AMERICA
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Jotwell @jotwell.bsky.social · 05/10/2026
Jotwell Contracts: Eliza Mik, A Warning on Agentic AI, JOTWELL (October 5, 2026) (reviewing Deborah DeMott, When Agentic AI Met the Common Law of Agency, __ Harv. J.L. & Tech. __ (forthcoming, 2026), available at SSRN (May 27, 2026)), contracts.jotwell.com/a-warning-on....
Eliza Mik
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Michael Froomkin @mfroomkin.bsky.social · 03/10/2026
The new version of "how many divisions has the Pope?"
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Kevin Elliott @kjephd.bsky.social · 02/10/2026
A perfect pretext for impeachment does not exis—
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Michael Froomkin @mfroomkin.bsky.social · 02/10/2026
This is fun & has a historical logic but I don't buy it going forward. "Privacy is an inherently exclusionary liberal entitlement inextricably linked to property, racial oppression, sexual control, and class segregation." Transparency empowers despots. Makes me want to teach a privacy seminar.
Cover of De Gruyter Handbook of Critical Data Studies
edited by Ulises A. Mejias, Jasmine E. McNealy, Milagros MiceliElisha Lim, Mareike Lisker, Lukas Hess, Malte Engeler, Leah M. Friedman, Jessa Lingel, and Muna-Udbi Ali

Chapter 1
Privacy Will Not Protect Us

Abstract: This is a manifesto to reject calls to ‘online privacy.’ Privacy is an inherently exclusionary liberal entitlement inextricably linked to property, racial oppression, sexual control, and class segregation. However online privacy is uncritically promoted by academics, activists, and media discourse as a civil right and even a form of social justice. We build on the arguments of feminist, queer, Black Radical traditions and GDPR legal scholars to make three arguments to the contrary. First, privacy is not sovial justice; rather it reproduces the ideologies of colonial rankings, policing, and norms (racial, sexual, able-bodied, and more). Second, online privacy is inextricable from private property as the exclusive legal protection of homeowners from state oversight, a liberal privilege that is easily appropriated into corporate affordances. Third, online privacy is a myth: the internet works because its infrastructures share knowledge inferred from data. In other words, there is no actual possibility of privacy nor any real corporate incentive to privacy, except as an optic tactic to avoid accountability. Grounded in anticapitalist social justice, our argument exceeds current liberal civil definitions of safety, such as the human rights-based approach to Smart Cities inspired by the United Nations, the GDPR, municipal policies, and environmental law. Instead, we call for public, collectivized data and the complete rejection of liberal property entitlement, gatekeeping, and policing known as ‘privacy.’
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Jotwell @jotwell.bsky.social · 02/10/2026
Jotwell Crim: Eric J. Miller, Leviathan Twisted: The Supreme Court’s Legitimation of Police Violence, JOTWELL (October 2, 2026) (reviewing Alice Ristroph, The Judicial Police Power, 71 Vill. L. Rev. 1 (2026)), crim.jotwell.com/leviathan-tw....
Eric J. Miller
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Jotwell @jotwell.bsky.social · 01/10/2026
Jotwell Family: Dara E. Purvis, Complicating Children’s Rights, JOTWELL (Oct 1, 2026) (reviewing Aníbal Rosario Lebrón, Opting Out of Subordination: Minors’ Right to Control Their Bodies and Futures, 47 Cardozo L. Rev. __ (2026), available at SSRN (Apr. 17, 2026)), family.jotwell.com/complicating...
Dara E. Purvis
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Michael Froomkin @mfroomkin.bsky.social · 30/09/2026
In a deep sense it totally was. Just not a fake.
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Jotwell @jotwell.bsky.social · 30/09/2026
Jotwell Equality: Eliot Tracz, Where are the Women?, JOTWELL (September 30, 2026) (reviewing Jill Elaine Hasday, We the Men: How Forgetting Women’s Struggles for Equality Perpetuates Inequality (2025)), equality.jotwell.com/where-are-th....
Eliot Tracz
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Michael Froomkin @mfroomkin.bsky.social · 29/09/2026
Sometimes the news just makes me sick. There is no decent reason not to stay this case pending merits resolution. Or indeed to decide this to allow 3rd country deportations. Court packing is now the moderate option. www.courthousenews.com/supreme-cour...
courthousenews.com
Supreme Court yields to Trump, giving feds free rein on third-country deportations
Immigrant advocates say the Trump administration’s third-country deportation policy left their clients to face prolonged and arbitrary detention, beatings, sexual assault and even disappearance.
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Jotwell @jotwell.bsky.social · 29/09/2026
Jotwell Courtslaw: Allan Erbsen, Personal Jurisdiction and the Tapestry of Constitutional Law, JOTWELL (September 29, 2026), , courtslaw.jotwell.com/personal-jur....
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Michael Froomkin @mfroomkin.bsky.social · 28/09/2026
At least as commonly it's the first.
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Michael Froomkin @mfroomkin.bsky.social · 28/09/2026
I still think this (along with insane carelessness on the party of major AI purveyors) explains a lot of the explosion of 'rogue' agentic behavior.
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David Froomkin @dfroomkin.bsky.social · 28/09/2026
"Beyond Neoliberal Administration," my forthcoming chapter in Building Democratic Capacity (Cambridge University Press, edited by @blakeprof.bsky.social, @joshuamacey.bsky.social, @ksabeelrahman.bsky.social, and Bijal Shah, forthcoming 2027), is now posted to SSRN. papers.ssrn.com/abstract=752...
Abstract: Recent developments in administrative law limit Congress’s ability to confer regulatory discretion on its administrative agents. Commentators have tended to view these developments as undermining progressive social policy, which has operated throughout the twenty-first century primarily through the administrative state. But Congress can respond by avoiding reliance on regulatory discretion in the first place. The new judicial doctrine does not constrain the use or acquisition of public resources. Thus, Congress has incentives to rely on a different set of tools: Pigouvian instruments (taxes and subsidies), redistribution, public infrastructure, and social control of investment. Despite recent progressive coding of regulatory bureaucracy, this alternative toolkit might well result in more egalitarian consequences. In many ways, the regulatory state was the instrument of a neoliberal mode of governance that offloaded ownership and control of resources onto private parties. The ultimate victim of the Roberts Court’s war on the regulatory state might be neoliberalism.
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Jotwell @jotwell.bsky.social · 28/09/2026
Jotwell Corp: Da Lin, Green SOX?, JOTWELL (Oct. 28, 2026), corp.jotwell.com/green-sox.
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Michael Froomkin @mfroomkin.bsky.social · 26/09/2026
Consider the possibility that instead of being stupid it's a ploy to destroy insurance pools and "prove" the ACA is "unaffordable". Usually one should not attribute to malice what can be explained by stupidity, but this is *so* stupid that it might just be an exception.
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Brendan Nyhan @brendannyhan.bsky.social · 26/09/2026
One of humanity's greatest heroes
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Michael Froomkin @mfroomkin.bsky.social · 25/09/2026
If someone is both a Ph.D in political science and a law degree, does this mean they should do half as much, or that where they have their appointment controls? Asking for someone I know...
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Michael Froomkin @mfroomkin.bsky.social · 25/09/2026
All very well, but as an immunocompromised person what I want to know is how does a mask mandate work in a **bar**? People in bars drink things. If there is a lesbian secret to drinking whith a mask on, I think they owe to the rest of us to share it. www.mediaite.com/media/wild-l...
mediaite.com
Wild Lesbian Bar Story Shattering Boston Globe Records
There may be growing concerns about the future of media and the rise of AI, but one Boston outlet is shattering records and laughing all the way to the bank.
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Michael Froomkin @mfroomkin.bsky.social · 25/09/2026
Can we expect to see French troops protecting Ukrainian grain shipments or trains? No? Why not?
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Michael Froomkin @mfroomkin.bsky.social · 25/09/2026
Does this count as good news, on the theory that every wasted dollar is a dollar that they cannot do something evil with? apnews.com/article/ice-...
apnews.com
ICE is wasting tens of millions of dollars on 'uninformed' detention projects, report finds
An investigation has found that U.S. Immigration and Customs Enforcement and other agencies have wasted tens of millions of dollars pursuing uninformed plans to increase detention capacity, and the to...
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David Kaye @davidakaye.bsky.social · 24/09/2026
to be clear, the admin is alleged to have deported AT LEAST 25,447 individuals TO COUNTRIES THAT ARE NOT THEIR OWN with, evidently, ZERO PROTECTIONS. this is a scandal and crime of historic proportions.
forbiddenstories.org
The Deportation Project Map
Between 2025 and August 2026, the Trump administration deported over 25,000 people to countries other than their country of origin. Very few of these removals were publicly announced by the US. The De...
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Michael Froomkin @mfroomkin.bsky.social · 24/09/2026
An issue to watch out for is whether in order to connect your device to theirs you have to download a bunch of software on your machine which lets them do things in the name of security such as inventory all your files and/or create various types of access for them.
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Jotwell @jotwell.bsky.social · 24/09/2026
Jotwell Adlaw: Jodi Short, Taking Shared Powers Seriously, JOTWELL (September 24, 2026) (reviewing Chad Squitieri, Congress in the Mouth of a Lawyer, 78 Ala. L. Rev. __ (forthcoming), available at SSRN (Apr. 07, 2026)), adlaw.jotwell.com/taking-share....
Jodi Short
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Michael Froomkin @mfroomkin.bsky.social · 24/09/2026
PSA: Didn't let "smart" devices into your home. (I dread my next car when the ancient Toyota needs replacing.) arstechnica.com/gadgets/2026...
arstechnica.com
Owners mourn spoiled food after firmware update bricks Samsung smart fridges
So absurd and embarrassing ..."
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Michael Froomkin @mfroomkin.bsky.social · 24/09/2026
Convenience stores systematically screwing mostly poorer customers a few cents or dollars at a time. Also posting false low gas prices on their street signs to lure in customers. Hard not to see this as a symbol of life in Trump's America. www.theguardian.com/us-news/ng-i...
theguardian.com
Amid soaring living costs, America’s biggest convenience-store chains quietly overcharge consumers
Guardian investigation: 7-Eleven and Circle K stores often fail to honor advertised prices – charging more at pump and register for gas, snacks, and other items
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Michael Froomkin @mfroomkin.bsky.social · 24/09/2026
Members of Congress must halt government-paid mass constituent e-newsletters and mass mailings 90 days before an election if they are a candidate on the ballot, per House rules.
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Jotwell @jotwell.bsky.social · 23/09/2026
Jotwell Torts: Kenneth W. Simons, If Your Perception, Reaction Time, Or Coordination Is Substandard, Are You Negligent?, JOTWELL (September 23, 2026), torts.jotwell.com/if-your-perc....
Kenneth W. Simons
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Status Coup News @statuscoupnews.bsky.social · 22/09/2026
This U.S. family was surrounded by Border Patrol agents after accidentally hitting a patrol car. Once free and proven innocent in court, they had the front door of their home blown off its hinges in retaliation. Border Patrol doesn't just target immigrants, it torments American citizens too.
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Michael Froomkin @mfroomkin.bsky.social · 23/09/2026
Caligula lite.
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Michael Froomkin @mfroomkin.bsky.social · 23/09/2026
The more I read about Miami-Dade Sheriff Rosie Cordero-Stutz, the worse she sounds. And frankly she didn't sound that great when she was running for office.
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