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discourse.net on the fringes of the public sphere skip to content home introduction comment policy blogs i read contact my publications archives ← older posts ‘honor him’ by bill widen posted on september 28, 2018 by michael froomkin my colleague bill widen asked me to post this for him. (i added the photo.) honor him (cc: senators flake & kyl) william h. widen we respect john mccain for choosing honor over convenience under the extreme conditions of captivity and torture. a great man filled a large office. we too often fill large offices with small people—people who fail the test even when the test posed is less severe. failing the test of telling the truth under oath—even when uncomfortable—might result in being disbarred for perjury. the testimony of dr. ford at the confirmation hearings for judge kavanaugh was compelling. her testimony raises a serious question about the truthfulness of judge kavanaugh under oath. to believe her is to believe that judge kavanaugh is either lying about the event or lying about the degree to which, as a young person, he allowed alcohol to impair his judgment and memory. jeff flake recently expressed support for judge kavanaugh while simultaneously expressing serious doubts about who to believe. he expressed a wrong idea about the standard required for senate advice and consent—stating that due process and the rule of law required his support because allegations against judge kavanaugh were not proven. tragically, this is the wrong standard. a public office is not the property of its holder (or would be holder). the standard for senate advice and consent to hold office is to error on the side of protecting the republic. this standard will deny office to some unjustly, but that is the price paid by those who would seek and hold public office. the federalist papers make this abundantly clear. impeachment proceedings illustrate the point most clearly. an office holder, such as a president, should be removed, with the senate erring on the side of removal to protect the republic. only after removal do we apply notions of due process to protect the former office holder in his life, liberty and property. the humiliation of removal from office goes with the territory of submitting to service, but due process protects thereafter. so too with considerations of appointment to office. the failure to appoint may be humiliating and unjust—but there is no remedy for this. the public offices are our offices, not the property or entitlement of individuals. no appointment should be made here—even though, in fact, this may work an extreme injustice to judge kavanaugh. in the face of serious doubt, the exercise of constitutional authority requires a “no” vote. one cannot suspend constitutional duty to properly exercise senatorial advice and consent to exact a political price on fellow senators for bad behavior—that is a reckoning for another time. bad behavior by small people is a bipartisan activity. the cycle of tit for tat must stop. when a large office is filled by an ordinary person, sometimes the ordinary person rises to the demands of that office by choosing honor when confronted with adversity. allow a gladiator moment in this american tragedy. john mccain was a soldier of the republic. honor him! professor william h. widen university of miami school of law posted in law: the supremes , u.miami | 2 comments site stability issues resolved? posted on september 27, 2018 by michael froomkin this doesn’t speak all that well for dreamhost front-line tech support, but this afternoon i got an email from someone higher in the org chart. he explained that the reasons for the crashes were that discourse.net had been moved recently to a server cluster that wasn’t ready for prime time, which is why things went haywire. so just now they moved it back. allegedly, that should fix the problems i’ve been having with the site crashing 20 times per day, although it means a new ip number. let’s hope. oh yes, after the move my let’s encrypt cert didn’t work. worse, caroline’s blog blenderlaw basically vanished. but at least front-line tech support was able to fix those issues…. to be fair, though, the hosting isn’t that expensive. posted in discourse.net | leave a comment getting hammered posted on september 26, 2018 by michael froomkin source: pngimg.com license: creative commons 4.0 by-nc no, this isn’t a post about bret kavanaugh’s high school or college drinking. it’s about the blog. it seems discourse.net is getting hammered by bots trying to break in to it, so the site has been up and down like a yo-yo for the past 24 hours or more. i’ve spoken to tech support, and their only suggestion was to activate cloudflare. that comes in two flavors on my host. one is free, but requires some changes, including to the site certificate. the other is $120/year, which would practically double my hosting costs. so i’m going to try to wait it out a bit before maybe changing hosts or something. meanwhile, on the subject of kavanaugh, a friend from yale writes: just for the record, i overlapped with brett kavanaugh at yale law school. however, i did not know him. the only kavenaugh i was then aware of in the yale community was kavenagh’s, a great burger joint which featured a cheeseburger made with blue cheese. i can testify wholeheartedly to the fine character, intellect, and morals of that burger. perhaps it should be appointed to the supreme court. posted in discourse.net , law: the supremes | leave a comment on a roll posted on september 25, 2018 by michael froomkin © user:colin / wikimedia commons / cc by-sa 3.0 the onion is on a roll today. i knew these stories were ‘fake’ but alas they are also too true: trump thanks united nations for inviting him to their country nikki haley: ‘the u.s. will no longer sit idly by while iran continues to exist’ everyone at u.n. watching trump speak can’t believe they used to consider u.s. a superpower and this non-un one too: experts say puerto rico still extremely vulnerable to future u.s. government . posted in onion/not-onion , uncategorized | leave a comment this campaign is on the right footing posted on september 25, 2018 by michael froomkin this bigfoot-themed campaign commercial is pretty good. it’s in suppoprt of democrat dean phillips who is running against the incumbent, erik paulson, in minnesota’s 2nd congressional district, a district that clinton took by nine points in 2016. thanks perhaps in part to this commercial, phillips is now thought to be a tiny tiny bit ahead. there’s a companion web site if you want more. posted in 2018 election | 1 comment shot today posted on september 25, 2018 by michael froomkin source: https://torange.biz/vaccine-18876 i got the new flu shot today. you should too. do your bit for herd immunity please. u.m. schedules inoculation sessions on various places around the campuses. not surprisingly, the med school goes first. then it’s the undergrads. we in the law school are very late on the list – about a month from now. should i read anything into that? i wanted the shot before my upcoming trip to amsterdam next week for the amsterdam privacy conference . not that i think amsterdam is a hotbed of infection, but just on general principles since my immune system has taken a beating from modern medicine these last few years. turns out it almost took longer to find parking than it did to actually get the shot from the employee wellness clinic. and almost all that time was spent on paperwork. posted in personal | leave a comment ← older posts a personal blog by michael froomkin laurie silvers & mitchell rubenstein distinguished professor of law university of miami school of law my publications | e-mail who reads discourse.net? readers describe themselves . please join in . reader map search for: recent comments tia on florida bar pass rates july 2018 wendy m. grossman on ‘honor him’ by bill widen just me on ‘honor him’ by bill widen chris on this campaign is on the right fo

URL analysis for discourse.net

https://www.discourse.net/category/the-media/onion-not-onion/
https://www.discourse.net/category/u-miami/
https://www.discourse.net/2018/09/on-a-roll/
https://www.discourse.net/author/michael/
https://www.discourse.net/2018/09/honor-him-by-bill-widen/#comment-1502591
https://www.discourse.net/2018/09/site-stability-issues-resolved/#respond
https://www.discourse.net/2018/09/shot-today/
http://www.discourse.net/#content
https://www.discourse.net/mail/
https://www.discourse.net/introduction/
https://www.discourse.net/2018/09/this-campaign-is-on-the-right-footing/#comment-1502271
https://www.discourse.net/2018/09/the-most-brutal-political-ad-of-2018/#comment-1501923
https://www.discourse.net/category/personal/
https://www.discourse.net/2018/09/on-a-roll/#respond
http://www.discourse.net/mail

Whois Information

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Domain Name: DISCOURSE.NET
Registry Domain ID: 1374254_DOMAIN_NET-VRSN
Registrar WHOIS Server: whois.dreamhost.com
Registrar URL: http://www.DreamHost.com
Updated Date: 2017-05-26T11:10:41Z
Creation Date: 1998-06-04T04:00:00Z
Registry Expiry Date: 2019-06-03T04:00:00Z
Registrar: DreamHost, LLC
Registrar IANA ID: 431
Registrar Abuse Contact Email:
Registrar Abuse Contact Phone:
Domain Status: clientTransferProhibited https://icann.org/epp#clientTransferProhibited
Name Server: NS1.DREAMHOST.COM
Name Server: NS2.DREAMHOST.COM
Name Server: NS3.DREAMHOST.COM
DNSSEC: unsigned
URL of the ICANN Whois Inaccuracy Complaint Form: https://www.icann.org/wicf/
>>> Last update of whois database: 2018-10-10T03:14:52Z <<<

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  REGISTRAR DreamHost, LLC

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DOMAIN

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NSERVER

  NS1.DREAMHOST.COM 64.90.62.230

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  REGISTERED yes

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