Protestors burn transit stations in Madagascar capital; is American frustration so different?

Protests over lack of water and electricity turned violent late last week in Antananarivo, the capital of Madagascar, and the government responded with tear gas, rubber bullets, and a curfew.

I know about the crisis because of friends with family there. I have not seen the story on American TV, which I mention with anxiety over endangered media heterogeneity. You can read more about the protests at, e.g., Reuters (UK), TRT Afrika (Turkey), RFI (France), WION (India), Al Jazeera (Qatar), and if you dig for it, the AP (US).

I was in Antananarivo, known locally as "Tana," in July. The people there could not have been more gracious and welcoming.

At the same time, socioeconomic tension was plain. That's not unusual in African cities, but in Tana, by plain, I mean that there were troubling and unavoidably visible signs of increasingly worrisome economic inequality. 

Antananarivo, Madagascar, July 2025
(RJ Peltz-Steele CC BY-NC-SA 4.0)

A Tale of Two Cities

Tana from the Radisson gym.
(RJ Peltz-Steele CC BY-NC-SA 4.0)

I used the nicely equipped gym on the eighth floor of the Radisson Blu Hotel in Tana. The room has floor-to-ceiling windows that afford a view of the city from the treadmills. But if one looks straight down from the windows, immediately adjacent to the hotel, there is a residential warren of ramshackle homes. Children play on clay paths between crumbling walls and an open sewer. The neighborhood is right behind a concentration of auto shops, noxious with exhaust and dribbling out the toxic effluents of their work.

Shanty town and auto district adjacent to Radisson. A cable-car line is visible on the horizon.
(RJ Peltz-Steele CC BY-NC-SA 4.0)

In contrast, the Radisson itself is part of a small swanky village that boasts a grocery store, theater, cafes, and gift shops. The village is enclosed by high walls with only one road in from the auto-shop strip. At night, a massive steel door rolls shut to seal off the Radisson village. 

The scene is reminiscent of the fictional town of Woodbury in The Walking Dead, fortified against an incongruent dystopia. Though to reiterate, here, in real life, the souls outside the wall are good people trying to make ends meet. As the sun sets, all but a few local people evacuate the commercial village before the door closes, and then they flow back in with the light of dawn.

Kids play beside a drainage canal behind the Radisson.
(RJ Peltz-Steele CC BY-NC-SA 4.0)

Even the walled Radisson village, anyway, is not immune from Tana's socioeconomic troubles, because the utility infrastructure is the same, inside and out. The tap water is not recommended for drinking, and power outages are frequent, if usually short.

Malagasy people generally don't have freezers and shop daily for produce. The cost of appliances would be manageable for many. But the problem would remain the power grid, which is not sufficiently reliable, even in the city, to make home refrigeration cost effective. When the power goes out, most of Tana life hums on without interruption. But the outages paralyze places such as the Radisson village, where devices from refrigerators to televisions to elevators are essential to business.

In bizarre juxtaposition with the motley cityscape, wires are strung across Tana's skies, visible from anywhere. The wires reach from tower to tower and occasionally dip groundward into modern multistory buildings of metal and brick. This is Tana's brand new cable-car system.

I was not surprised to read that protestors last week set fire to "several" of the cable-car stations.

Madagascar and the Monorail 

A cable-car line fills the sky behind the Tana train station.
(RJ Peltz-Steele CC BY-NC-SA 4.0)

 

The motivation for building the cable-car system was ostensibly sound. Tana is plagued by jammed traffic, which is impeding economic development. One of the reasons people crowd into the tight and unsanitary living quarters of the inner city is that they could not otherwise reach their jobs if they moved to better accommodation on the outskirts.

The cable-car lines promise to soar over the cars and trucks, moving people into and out of the city with quiet efficiency. The lines also are built to reach less developed surrounding areas, rather than tracking the congested main highway, thus inducing new suburbs to bloom and alleviating the crisis of housing, besides transportation.

One doesn't have to look hard at the plan, though, to doubt its cost-benefit analysis. To start with, the road congestion is a function of infrastructure failure as much as volume. Though there are some recently constructed traffic circles, most roads are unmarked by lanes, and most city intersections are chaotic tangles with no right of way indicated by signs or signal lights.

One wonders that infrastructure money might have been spent better to bring the existing potholed road system up to standard before stringing cables over head between shiny stations.

Cable cars hang motionless over Tana in July.
(RJ Peltz-Steele CC BY-NC-SA 4.0)

Then there are the cable cars themselves. The first time a friend and I had a look at them, I couldn't help but say aloud, "That wreaks of kickback." My friend agreed. We both thought immediately of "Marge vs. The Monorail."

The 198 gondola cars can hold only 12 passengers each and move only so fast. The system is designed to move daily 75,000 people and replace 2,000 cars on the road. That's not nothing, but also not a big chunk of potential commuters relative to the city's population of 3 million. And if one figures that growing suburbs will attract more people to Tana from impoverished parts of the country, the problem of induced demand is compounded.

Though cable cars are touted as a potential boon for urban development, they work best as a discrete-route solution for particular hurdles, such as topography, and as a complement, not a substitute, for proven mass transit systems such as busses and rail cars, both lacking in Tana. A "bus system" exists only insofar as terribly overcrowded minibuses barrel along customary routes. Limited inter-city locomotives rumble over dilapidated tracks.

Is There a Hyena in the Debt Trap? 

It's unclear from government reporting just how much the cable-car system cost Madagascar, but it's a lot. The price tag was supposed to be €152 million. The French government loaned the country €28 from the French treasury and arranged for the rest by private loan from Société Générale. Malagasy voters were not happy about the indebtedness. Moreover, Madagascar committed to fund any cost overruns. Some reports say that the French loans wound up covering only one of the two system lines.

The government's revenue basis to fund cost overruns and pay back the loans also is shaky. Malagasy people have balked at the cost of tickets on the cable-car system, which range from about €0.65 to €1.1. That might be low by western standards, but it's a lot locally. Daily round trips add up to at least €32 per month in a country where the monthly living wage is only €126, and €85 marks the low end of actual-wage estimates.

President Andry Rajoelina, 2019
(ILO via Flickr CC BY-NC-ND 2.0)

The government has not been forthcoming with data about the project, and no wonder. Malagasy-French businessman Andry Rajoelina has been president since 2019 and held out a technological solution to Tana's legendary traffic woes as a showpiece project. 

Rajoelina's vision has been slow to come to fruition. Plans were sidetracked initially by the pandemic. The French money came only in 2021, and construction began in 2022, with delivery promised in two years. In 2024, the Rajoelina administration inaugurated the cable-car system amid much fanfare and worldwide press. But the system wasn't actually finished then, and operational opening was postponed to 2025. 

On my last day in Tana in July 2025, the cable cars moved, surprising everyone on the ground. The system was not yet open, but was being tested. Buckets of water were loaded into cars to simulate the weight of passengers. The system finally opened in August.

The worst public relations challenge the cable-car system has posed to the Rajoelina administration to date is not its ultimate efficacy, but simply the foreboding physical presence of the empty gondolas hanging motionless over the city. When people are stuck in traffic, or when the power goes out, or when they leave their homes in search of drinkable water, they look up at the network of towers and heavy wires and wonder whether any of that debt and spending will make their lives better.

Don't Look Up 

I'm sometimes guilty myself of a siloed focus on American affairs. And thinking about what's happening in Madagascar makes me wonder whether—when?—the day will come that Americans turn our frustrations into conflagration.

America feels every day less a "developed" country in terms of critical needs such as transportation, healthcare, housing, and jobs. And people struggle more every day to make ends meet, while politicians bellyache over the government supposedly doing too much.

An anecdotal survey: 

Transportation. To travel for work, I have to make the arduous, two-plus-hour trek to the airport via foot, bus, train, and bus again, across slow, unconnected, and overpriced transit systems that my region is lucky to have at all. When I land in Europe, I'll travel about the same distance with one ticket on a rapid, unified transit system in under an hour.

Amtrak is hard at work on "NextGen Acela." But it will only serve the northeast corridor and will top out at 160 mph. Europe hit that mark in the 1970s with trains today running in the 190s. China and Japan have high-speed trains on dedicated lines running at 220 mph. Anyway, "old gen" Acela was a corporate subsidy, as it practically priced out non-business travelers, even before Amtrak introduced predatory dynamic pricing. 

Healthcare. My wife and I saw Trevor Noah deliver his latest stand-up in Connecticut a couple of weeks ago, and he did a long bit on the nonsensical costs and bureaucracies that tyrannize patients in the U.S. healthcare system. Noah was treated for a wrist injury he sustained just before boarding a plane home to New York from his native South Africa. He could have been treated faster and for less out of pocket had he just flown back to a hospital in Cape Town, he only half-joked. 

A Connecticut stage awaits Trevor Noah on September 18.
(RJ Peltz-Steele CC BY-NC-SA 4.0)

Most memorable about Noah's monolog to me, besides his trademark storytelling brilliance, was the chorus of audible vocalizations of assent and empathy from the audience, including us, as Noah described the absurdities of hospital billing, from the mysteries of bloated pricing—weren't we promised "No Surprises"?—and picayune itemization of the mundane to the unashamed prioritization of profit over care.

Housing and jobs. My daughter bought a home in Los Angeles this year and has done yeoman, Instagram-hit renovation work herself. But she's looking for a new job to make the mortgage bearable. From her scores of applications, she recently rated an interview in her entertainment-industry wheelhouse. Yet she was one of 54 people interviewed for one low-level position. A form email later communicated regret that she was among the hundreds of unsuccessful applicants. Every American job-seeker knows such woes amid the full-time job of looking for a job, despite the touting of low unemployment by the administrations of both parties.

A measure of wealth inequality, the U.S. gini coefficient was 41.8 in 2025, on a scale from 0, perfect equality, to perfect inequality 100, according to World Population Review (WPR). That's bad for a well developed economy, comparing unfavorably with, for example, western European countries, which score in the low 30s, and Canada, at 29.9. Worse, inequality in the United States is rising over the long term, while it's falling elsewhere.

Our number is, however, on par with Madagascar. Malagasy data are difficult to come by, but WPR estimates a 2025 gini coefficient of 42.5, also on the rise over the long term.

The gini coefficient is a ratio, so it doesn't speak to comparable sums. People in a poorly developed economy might be quicker to disrupt the status quo when their very survival is on the line than people in a highly developed economy who become unable to afford cable TV. 

At the same time, Americans have a temperamental sensitivity to injustice and, even after 250 years, little patience for tyranny.

History is littered with great societies befelled by their own greedy elites.

Sermon brings legal logic to biblical counsel

NSBC screenshot from YouTube

Tomorrow morning, Sunday, September 28, I will have the privilege of speaking to North Scituate Baptist Church (NSBC) in Rhode Island about Hebrews 13:5.

The verse (NIV) reads:

Keep your lives free from the love of money and be content with what you have, because God has said, "Never will I leave you; never will I forsake you."

I hope to share some legal logic with the congregation, breaking down the verse as a statement of causation. I'll also describe how I found evidence of the verse's causal truth when I traveled to one of my favorite places in 2020, Ghana.

When the service is available online, I will link to it here (message archive; YouTube channel; full service). Meanwhile and for then, below are the slides I will share (all RJ Peltz-Steele CC BY-NC-SA 4.0).

I'm grateful to my friends at NSBC, especially for the support of Pastor Kim Nelson, administrator Gretchen Pino, and musical coordinator Linda Farynyk. Thanks to my friend Eric D'Agostino for pointing me to the prayer of Julian of Norwich.

I wish all a blessed first weekend of autumn.

 

From national TV to local school, suspension of dissenters evidences worrisome speech suppression

Google Gemini CC0

Free speech is in danger in the United States, and two recent matters, one national and one local to me, are representative and worrisome.

The national story is the suspension of Jimmy Kimmel from his late-night talk show on the ABC television network.

Where Kimmel apparently crossed a red line with ABC parent Disney was his equation of the accused assassin of Charlie Kirk with the America-first MAGA movement. The comment stoked right-wing ire, and Kimmel was accused of inciting or supporting political violence—an inferential leap he did not make. In the light of day, I find Kimmel's comment in poor taste. But he did not advocate for political violence. 

I support the prerogative of Disney, as a private creative company—subject to procedurally proper and viewpoint-immaterial business regulation, such as antitrust law, which has been under-enforced in the administrations of both parties—to make decisions about what content it wishes to broadcast. But as in the case of cancelled late-night host Stephen Colbert, the decision here is not about reasoned disagreement, rather is about capitulation to government threats to use state power unlawfully and unconstitutionally.

Circumstances strongly suggested that Colbert's Late Show was canceled because of government threats to use the Federal Communications Commission (FCC) broadcast licensing authority to block the merger of CBS parent Paramount with media company Skydance. But it was difficult to find direct rather than circumstantial evidence of the connection between the government and Paramount.

No longer. FCC Chairman Brendan Carr plainly threatened to use FCC power to attack Nexstar, the company that owns a great many ABC affiliates that carry Disney content. Nexstar and Disney are said to be courting, and Nexstar has a history of dissatisfaction with FCC regulation that would stymie the growth of its media empire. So the FCC threat to Nexstar was taken to heart in the boardroom, The Wall Street Journal reported, and became a threat to business partner Disney, in turn. 

Curious how the anti-regulatory right is suddenly interested in a strong administrative state.

The problem here is that censorship of political content, that is, political viewpoint discrimination, is not a legitimate basis for the FCC, nor most any governmental authority, to flex its muscle in interference with the private market. The closest Carr came to a legitimate rationale for FCC retaliation was the assertion that programming such as Kimmel's perpetuates false information. 

Yet even if that were a proper basis for government intervention—arguable, depending on the nature of the information alleged false—there is no evidence that false assertions of fact by Kimmel or anyone else motivated Carr's threat. Whatever one thinks of Kimmel's appraisal of the Kirk murder, or of MAGA, he uttered only opinion.

Incidentally, President Trump's lawsuit against The New York Times Co. this week evidences the same disregard for the difference between fact and opinion. The voluminous complaint is rife with allegations that establish a difference of opinion, but precious few claims of false assertions of fact. So over the top is the complaint that it evidences the abject failure of the legal profession to regulate itself as a profession. (UPDATE, Sept. 19: Did I underestimate the profession? See Trump v. N.Y. Times Co. (M.D. Fla. Sept. 19, 2025). HT @ Dan Greenberg.)

To be clear, if Disney wants to suspend Kimmel because executives don't like his politics, fine. I might worry about whether antitrust law is enforced with sufficient vigor, or simply whether our media infrastructure is sufficiently healthy, that Americans have access to a wide range of viewpoints through audiovisual media. But my worries would not warrant interference with a business owner's political prerogative.

My objection here is to the threatened abuse of power by the FCC. A broadcast regulatory authority picking who may and who may not have access to media channels based on the broadcaster's support for the ruling regime is naked and shameful authoritarianism.

And then there is the local.

In my community of Barrington, Rhode Island, a teacher, Benjamin Fillo, has been suspended from Barrington Public Schools for his TikTok comments about Charlie Kirk.

Once again, I find the speaker's comments in poor taste. According to The New York Post and to WLNE—an ABC affiliate which, incidentally, recently became the second local news broadcaster under the control of the right-wing-disinformation-associated Sinclair group, somehow without provoking FCC regulatory objection—Fillo called Kirk a "piece of garbage" and accused him of hatred for the LGBTQ community and hostility to women's rights and democracy.

Like Kimmel, Fillo did not advocate for political violence. I would like him to have condemned it. But that preference is mine.

Also, as a parent in this community, I am sympathetic to parents' concerns that the public school be a place of neither ideological indoctrination nor ideological marginalization.

What worries me here is that Fillo's speech occurred on TikTok, outside the school, outside his capacity as a teacher, at least insofar as has been reported. His video seems to have effected no "material and substantial disruption" of the schoolhouse, to use the probably applicable constitutional language, other than disruption by people who self-servingly would claim disruption.

The school district has hired an independent investigator. Sounds a bit Orwellian, but better than a summary firing. What's concerning is that, again, as far as I have seen reported, the investigation is based only on extramural speech, and worse, Fillo was placed on administrative leave for his extramural speech. So already he's been singled out and penalized upon no apparent evidence that he poses any threat to students.

When my daughter was a minor in Barrington schools, she had teachers with whom I disagreed, and with whom she disagreed, politically, and who had different religious beliefs from mine, and from hers, just like I have law students who have different opinions and beliefs from mine. The appropriate pedagogy, which my daughter's teachers employed, and which I endeavor to employ, albeit in the different context of graduate school, is to equip students to disagree. It's not an easy line to draw, but that's the job of a teacher.

What does not work, what I would not want from my child's teachers, and what I try not to do in the classroom, is to pretend to be some kind of politically neutered Ken doll incapable of forming a personal viewpoint. That's what no teacher should model for students. Yet that seems to be what Barrington schools, and too many parents, want to see.

That Fillo has opinions outside the school, whether or not I agree with them, whether or not students and parents agree with them, suggests to me only that he is a good teacher, because he is a whole and thinking human being. If he had no discernible political views, I would wonder whether he were competent to teach social studies.

The takeaway from both these matters seems to be that our society is suffering a worrisome intolerance for disagreement.

It's becoming cool and normal for government to use its power to enforce group-think—a place I thought the right promised to move us away from. And it's becoming cool and normal for employers, even public employers, to capitulate to demands that group-think be enforced, or at least that dissent be suppressed. 

The marketplace of ideas is a flawed metaphor. But it's not all wrong. What I know for sure is that ours should not be a country in which the marketplace of ideas sells only one kind of bread, and everyone must get in line for it.

Litigator loses case, writes musical comedy about it

Shangri-La-La poster at Arlington Drafthouse

When a lawyer loses a case, the lawyer moves on. The experience might be quickly forgotten as run of the mill, or memorably instructive. Either way, it's in the past.

Mike Meier lost a case and did something entirely different. He left practice and wrote a musical comedy about it.

Virginia attorney Meier represented the plaintiffs in Preiss v. Horn (9th Cir. 2013), filed in Nevada. Preiss, who served as physical therapist to Roy Horn, of the famous performing duo Siegfried & Roy, alleged that his services were terminated when he rebuffed Horn's sexual advances. He sued under civil rights law. Preiss's wife was a co-plaintiff, alleging infliction of emotional distress "after watching a videotape of events involving her husband after those events occurred."

The litigation failed. Preiss's claim got hung up on the question of whether he was actually employed by Horn, in the legal sense. The relationship was unclear and proved insufficient to support a civil rights claim.

Preiss's wife complained of negligent infliction of emotional distress (NIED). NIED usually is not actionable in American jurisdictions, as I've explained before at The Savory Tort. Insofar as there are exceptions, the plaintiff watching a video well after the fact did not evidence the contemporaneous observation required by exceptions for liability to bystanders.

The outcome is not surprising, and one need not think it dispositive of what happened between Preiss and Horn. Tort cases without physical injury—such as civil rights claims, defamation and privacy, and infliction of emotional distress—always are a heavy lift for plaintiffs, because they bear the burden of mustering evidence usually in the possession of the defense. Failure to prove does not establish the truth or falsity of the allegations.

Against the odds, Meier fought hard for his clients, and maybe too hard. According to a disciplinary disposition in New York (Sup. Ct. App. Div. 2018), the federal trial judge in Nevada found plaintiffs' claims in opposition to dismissal "not simply without merit but blatantly and undeniably so," insistence on the NIED claim "'absurd' and 'frivolous,'" and prosecution of Preiss's claim "needlessly, unreasonably, and vexatiously multipl[ying] the proceedings in bad faith."

The federal court ordered Meier to pay a sanction entered against the plaintiffs. His home bar of Virginia suspended him from practice for 30 days, and the New York court entered a censure.

The whole affair might have been a welcome excuse for Meier to pursue his passions quite outside the courtroom, in writing, stage, and music. His website Mike Meier Writes now boasts eight screenplays and three books, besides the present project. 

The description of the screenplay Where the Aliens Are exemplifies the sort of quirky narrative Meier favors: "In this science fiction comedy, an elderly professor, along with his neighbors, a lesbian couple and their son, set out to save the world from an impending alien invasion."

Arlington Drafthouse
marquee, July 2025
RJ Peltz-Steele CC BY-NC-SA 4.0

In July at the Arlington Drafthouse in northern Virginia, I was treated to one in just a three-performance run of Meier's comedy musical, Shangri-La-La, a.k.a. All That Glitters (trailer at YouTube). The show is a thinly disguised retelling of the facts alleged in Preiss v. Horn. Meier's website summarizes:

It is a comedy about Las Vegas show business and human nature, with a sprinkling of drama and #Metoo. Joshua from Germany fulfills his lifelong dream of moving to Las Vegas. He is thrilled to get a job as the assistant to the retired Siegfried & Roy, only to find out the hard way that not all that glitters is gold. Joshua’s quest for justice culminates in a court case. But Joshua does not know about the Las Vegas tradition of "Hometown Justice." After all, that Las Vegas tradition began with Bugsy Siegel, the New York criminal who built the first casino on the Las Vegas strip, The Flamingo.

Aptly, Meier himself played Joshua's lawyer. The show pulls no punches in telling Meier's side of the story, both as to the plaintiffs' facts and his own plight as their counselor. In Meier's telling of it, he was victimized by Las Vegas insiders, a legal system under Horn's influence, and punished for daring to challenge a monied icon and power player. 

Who knows. Vegas is no stranger to corrupt influences, and stranger things have happened there.

Of course, owing to Meier's penchant for the absurd and the fictionalization of the case, the stage telling is over the top and does not purport to be factual, wink-wink. It's an amusing romp at the expense of Siegfried and Roy, who are played as buffoons, if dangerous ones. Their comical, Hans-and-Franz-reminiscent accents put on plenty of comedy mileage. Meier himself grew up in Germany, and his speech bears just a trace of authentic accent, in contrast.

Siegfried and Roy are both dead now, since 2021. Even insofar as their estates have lingering legal interests in trademark or right of publicity, All That Glitters is plainly a parody from an outsider's perspective.

The play has a dense script and an original score. Both vacillate between clever and banal. Some droll dialog earns laughs, to be sure. There is also ample jejune chatter that sorely needs rewrite by an experienced comedic editor. The songs are catchy in places, and elsewhere blister with lackluster lyrics. The cast did a superb job with what they had to work with.

To be fair, such a mixed record is to be expected in a straight-to-stage vanity project. Meier deserves credit for his determination. Polished stagecraft is not really the point. 

Meier manages to put his creative stamp on a compelling story and somehow turns sexual harassment into legit comedy. At the same time, with Siegfried and Roy gone, Meier gets the last word in his case. And he clearly has a wicked good time doing it.

You can listen to five tunes from Shangri-La-La at Mike Meier Writes. I'm weirdly looking forward to Meier's forthcoming mockumentary, "So You Think You Can Trust the Media?"

It happens, incidentally, that a couple of weeks after I saw Shangri-La-La in Arlington, I visited the Flamingo in Las Vegas. I had a fabulous time at the Flamingo-resident show Piff the Magic Dragon, starring Piff, the lovely Jade Simone, and the world's only magic-performing chihuahua, Mr. Piffles, an act of America's Got Talent and Queer Eye fame. I got to scratch Mr. Piffles under the muzzle after the show. The trio is on tour now with All-Star Vegas, appearing in Cranston, Rhode Island, tomorrow, September 18.

Society suffers erosion of trust; Skechers isn't helping

Google Gemini CC0

Trust seems in short supply in contemporary American culture, and secret surveillance of our children feels unhelpful.

At the start of each academic year in 1L Torts, I introduce students to 20th-century legal scholar Roscoe Pound and his observation that tort law tends in a socially evolving society to redress ever more abstract injury, as if on a trajectory from physical trauma to mere hurt feelings (YouTube). I want students to see that it's important to put the brakes on this trend at some point, lest tort law so invade the province of everyday life that we refrain from social interaction for fear of liability. Much of the study of tort law is about this braking, drawing the line.

It was alarming, then, to hear a discussion on the National Public Radio (NPR) podcast It's Been a Minute describing what many people regard as "cheating" in a relationship, in tandem with the view that cheating can be equated with abuse. Host Brittany Luse related results of a YouGov poll: "55% of Americans believe flirting with another person is cheating. 64% say the same about holding hands with another person, and 73% say the same about forming an intense emotional attachment to another person." 

Luse further explained, "Some people are claiming that cheating is abuse. There's actually a whole community of people that have been cheated on who call themselves Chump Nation, and some of them are really adamant about this interpretation." The Cut writer Kathryn Jezer-Morton suggested that from this perspective, which she did not endorse, cheating would effect a legal wrong, specifically, a breach of contract—or, I would suggest, in the absence of a contract, a tort.

Jezer-Morton aired my reaction to the proposition: "I don't feel comfortable equating cheating with abuse, personally." Just as overuse of tort law can strangle social and economic relationships, freelance culture journalist Shannon Keating worked out the unintended consequences:

I mean, I think one quite negative effect of [sensitivity to cheating] being so hyper-present in dating culture is that, if you think about how easy it is for someone to feel slighted and then go post about it online, there's high stakes just going into a relationship when you don't necessarily have the presumption of privacy. Or of being able to trust that you'll be able to work something out with your partner directly and give each other grace for tough stuff. 

I get that an errant lustful look is adultery in the heart (Matthew 5:28). But I'm not sure that's a workable rule for legal liability. And in a romantic relationship, truth is essential, and grace is divine. In any event, and decidedly unlike physical abuse or the most extreme cases of infliction of emotional distress, these are matters of social norms and morality, not law. 

On the moral front, meanwhile, I worry that mistrust is becoming endemic in our culture in more than just intimate relationships. I suspect that growth in mistrust is fueled by politicians' strategic sewing of hate. 

In this vein, I was struck by a radio ad that aired incessantly as I was driving around Nevada for two weeks this summer with few channels to choose from. The ad was for a new kids' shoe by Skechers. Skechers online describes the new shoes and their special feature: "Each pair is designed with a secure, hidden pocket under the insole that perfectly fits most locator tags, so you can always know where their favorite shoes are."

So there are distressing implications if we are living in a society in which kids need to LoJack their $60 shoes. But you might've already worked out that missing shoes is not really the problem. My suspicions were aroused when, toward the end of the radio ad, the announcer said that the hidden compartment in the shoes would be undetectable to the wearer. 

The website doesn't mention the "Find My Child" take on the "Find My Skechers" feature. But radio ad or not, the functionality has not been lost on consumers (e.g., Instagram reviewer, KTLA).

I don't put myself on any pedestal for parenting. It was a trial-and-error adventure. Sometimes I did well, sometimes not so much. And we did once flirt with phone tracking software. But we were all upfront about it. I don't remember ever thinking that secret surveillance would build healthy family dynamics.

Maybe kids victimized by Find My Skechers should be able to sue their parents for data protection infringement.

That should make the world better.

Conflict ebbs in West Africa; entrepreneurs ready to welcome tourism, spark economic development

Conflict is ebbing in West Africa, and local businesses are hoping to spur tourism and economic development to restore ravaged communities.

Many parts of West Africa have been difficult to reach in recent years, owing to armed conflicts and social turmoil. That means cultural treasures such as UNESCO World Heritage Site Timbuktu have been off limits, and communities that would benefit from foreign spending suffer economic paralysis or worse.

The situation is improving, if at a two-steps-forward-one-step-back pace. To navigate the changing terrain and start restoring tourism and economic opportunity, local entrepreneurs such as Mali-based Satimbe Travel are stepping up.

Ouologuem dances at the Ouidah Voodoo Festival, Benin, 2020.

RJ Peltz-Steele CC BY-NC-SA 4.0

I hope to travel with Satimbe because my friend Hamadou Ouologuem is one of its founders and a tour leader extraordinaire. I am happy to give him and his partners some positive press in the interest of regional development. This is in no way a compensated promotion.

Satimbe has been in the works for many years. The project has prevailed over potentially ruinous setbacks in the pandemic, in 2020 and 2021, and in the outbreak of violence in the Central Sahel (Burkina Faso, Mali, and Niger), in 2023. The latter conflict devastated communities, as rival factions—one being the Russia-based Wagner mercenary force—deployed scorched-earth tactics against civilians, inflicting crises of hunger and housing. 

The conflicts have not wholly abated, but have been scaled back to hot spots that guides can plan around so travelers avoid. 

In August, the Mali government felt comfortable enough with security in Timbuktu to return there ancient documents that were removed to the capital Bamako before al-Qaeda militants occupied the city in 2012 (PBS NewsHour). Meanwhile, in a positive development for civilian security, Wagner forces in Mali have experienced what The Sentry, a D.C.-based nonprofit and war-crime investigative organization, described in an August report as a "meltdown."

Satimbe mask
(In Museum CC0)

My two cents: attacks on civilians and resulting humanitarian crises in the Sehel would headline the world news were it not for the West's peculiar blind spot for Africa. The region needs foreign investment, and as importantly to get started, needs foreign interest and understanding. The way to help is simply to go, responsibly, all the better relying on a homegrown service provider such as Ouologuem.

Ouologuem's experience in the region is renowned; he is the on-the-ground coordinator to whom professional producers turn, especially in Mali. He worked on public broadcasting's Finding Your Roots with Henry Louis Gates, Jr.; BBC One's Sahara with Michael Palin; Into the Unknown with Josh Bernstein: Lost Gold of Timbuktu; and Digging for the Truth: Timbuktu.

A "satimbe" is a ceremonial funerary mask of the Dogon people in Mali and Burkina Faso. The mask is associated with a female figure, like in the Satimbe Travel logo, placed on top.

Satimbe Travel can arrange tours in Mali, Burkina Faso, Benin, Togo, and Ghana. The company can tailor flexible itineraries for two days to two weeks, or more. The company is prepared to make arrangements for tourists, NGOs, missionaries, and corporations.

Podcast features legal ed collab in 13 countries

On October 1, colleagues and I will start a new eight-week run of the Global Law Classroom (GLC), and program leader Professor Melanie Reid has published a GLC podcast.

The GLC uses Zoom to bring together students and faculty around the world to study issues in international and comparative law. Students work in geographically diverse breakout groups, so get to know their counterparts from other countries. I've wrote here at The Savory Tort about the GLC in 2024, and colleagues and I discussed the project at Global Legal Skills conference in Brno, Czechia, in May 2025.

Professor Reid, at the Duncan School of Law, Lincoln Memorial University, conceived of the GLC when Zoom became instrumental to legal education in the pandemic, and has led the initiative since. This year, Professor Reid recorded a podcast to go along with the GLC, Beyond the Global Law Classroom. The podcast comprises 22 episodes, each an interview with a GLC faculty member to learn more about the perspective from that person's legal system and personal experience.

Professor Reid kindly featured me and The Savory Tort in episode 14. 

This year's GLC will welcome students and faculty from China, France, Germany, Hungary, India, Italy, Lithuania, Mexico, Poland, Portugal, Spain, and Turkey, besides the United States. My Comparative Law class will participate from Massachusetts. 

Our subject-matter units include global lawyering, environmental law, human rights, criminal law, security and energy law, artificial intelligence, and negotiation. For the faculty, I have served as coordinator of the environmental law team, and as a member of the human rights team, developing curriculum for those units.

'Liberal Playmaker' goes Substack; Boston awaits FIFA

"The Liberal Playmaker," a.k.a. Jose Benavides, is now on Substack.

Benavides, a Texas attorney, past co-author, and excellent former student, has been producing informative and compelling content about soccer (football) and politics since launching a year ago (featured at The Savory Tort in March 2025).

Benavides has a passion for the beautiful game, and it is contagious through his writing. His narrative pieces recall great players and great games and also comment on the current business and art of the sport. 

Here are recent titles:

• The Ghost of Old Trafford: Fernando Redondo's Masterclass
• The Triangle That Endured: Croatia’s Lesson in Collective Control 
• Finding Young Del Piero (and What Modern Football Forgot)
• Totti The Thief
• The Misunderstood Final: Milan vs Juventus, 2003

The Liberal Playmaker will be a content maker to watch as we near World Cup 2026. Boston has deployed a massive publicity campaign to gin up interest, e.g., Boston's South Station, below, in July (RJ Peltz-Steele CC BY-NC-SA 4.0), though the relevant venue is Gillette Stadium in Foxborough, Massachusetts, home to the MLS New England Revolution and NFL Patriots.

 

 

U.S. FOIA committee contemplates research, reform

The federal Freedom of Information Act (FOIA) Advisory Committee, on which I serve as a non-governmental member, held a public meeting Thursday, live-streamed and recorded on YouTube, and there's a lot cooking, including research on unduly burdensome requests and compliance barriers, and recommendations for statutory reform.

National Archives and Records Administration (NARA) Chief Operating Officer Jay Trainer spoke at the opening of the meeting. He observed a rise in overall public trust in the federal government from 23% in 2024 to 33% in 2025 in Gallup survey results and lauded the role of the FOIA and the Office of Government Information Services (OGIS) in building trust in the federal government.

I agree with him. But I also agree with Kevin Bell, a former member of the Advisory Committee who this year resigned his government post at the Federal Energy Regulatory Commission, and thus his government seat on the Advisory Committee. Bell's resignation to me demonstrated how the Elon Musk-led administration efficiency initiative cost us talented public servants while doing little actually to achieve efficiency, or even while thereby undermining efficiency.

Bell spoke in the public comment period of the public meeting and observed that the poll results are somewhat skewed, in that people probably answer the question with outsized reference to elected officials and little knowledge of the civil service. His supposition is supported by the fact that digging into the poll data shows that the uptick since 2024 is largely in a swell in Republican confidence. And what has changed since 2024 is the political landscape, not the workaday civil service, whatever Muskian bluster might have us believe.

However, Bell pointed out, if Americans really knew what civil servants do everyday, as demonstrated by the informed dedication of the public employees who serve on the Advisory Committee, the poll numbers would indicate vastly higher confidence in the federal government than one in three Americans.

By the way, that's not to say that there isn't room for efficiency improvements, including cuts, in the federal government. There are plenty of ways to do that without depriving the taxpayers of their best workers. Corporate welfare would be a good starting point, or at least a shift in those subsidies to investments that would stimulate exactly the kind of economic growth the Trump administration purports to desire. That's another story.

Maybe it's because I am teaching comparative law right now, but I was delighted to hear a comparative perspective in the work of the volume-and-frequency subcommittee, among the three subcommittees the Advisory Committee has organized. 

Regarding volume and frequency, the Advisory Committee heard a presentation by members David Cuillier, University of Florida, and Shelley Kimball, Johns Hopkins University, as well as guest Ben Worthy, University of London, on their work, also with Suzanne Piotrowski, Rutgers University, on "unduly burdensome" requests—also known as "vexatious requests," though that term is not preferred because of its normative hint of ill intention. Piotrowski, incidentally, is the founding coordinator of the Global Conference on Transparency Research; I posted GCTR's call for papers for 2026 here at The Savory Tort earlier this month.

Cuillier, Kimball, Worthy, and Piotrowski's research is ongoing, but thus far they have drawn up a list of strategies that might help to manage the problem of unduly burdensome requests, and a list of strategies that do not work, or that represent non-constructive policy choices. They shared with the committee these strategies that are positive or might have potential if implemented thoughtfully (my comments bracketed):

• Training (for staff and public)
• Technology/resources (e.g., line-item budget)
• Proactive posting
• Front-end discussions
• Express lanes [expediting some requests, such as first-person] and "zippering" [managing one request from a multiple requester, then another from another requester, then another from the multiple requester, then another from another requester, and so on]
• Staggered dissemination
• Differential copy fees
• Independent commission (e.g., Connecticut [Freedom of Information Commission])

These are ill advised strategies, some of which, concerningly, are growing go-tos:

• Search/redaction fees
• Vague laws to allow denial
• Time extensions
• Quotas/caps
• Fines and jail time
• Signed promises to be good
• Prohibitions on anonymous requests
• Bans on AI

Another problematic strategy is to probe the intentions, or motives, of the requester for some kind of legitimacy measure. Co-authors and I opined 15 years ago on requester motive immateriality as a core common law and statutory norm of access law, and it should be preserved. It makes no sense to give a record to one requester and not to another, owing to motive, and risks discriminatory judgment about the merits of record use. A record's public disposition should be decided on its content, within its four corners.

The research is inherently comparative owing to Worthy's involvement as a scholar of the UK Freedom of Information Act. But the authors' multinational cognizance is broader still. For example, the team is studying standards employed by the Connecticut commission that Connecticut borrowed from Canadian law in Ontario.

Cuillier mentioned that other countries almost uniformly distinguish commercial requesters, that is, those which will make money from information processing, such as information brokers, from first-person and public-interest requesters, with regard to fees. The former fairly might be required to pay their way, while the latter may be entitled to free access. Co-authors and I also memorialized in our previous work how this commercial-requester distinction worked a modest but justifiable compromise to the historical common law and statutory norm of requester identity neutrality. However laudable that norm in theory, it predated the information era, when information brokering became a business model.

Advisory Committee member and Professor Margaret Kwoka asked whether the researchers and subcommittee were parsing their conception of fees, understanding that, my words: not all fees are created equal. That is, a fee might be used for a laudable purpose, such as having a commercial requester pay its way, or, in contrast, for an objectionable purpose, such as discouraging public access generally.

In discussion of the point, Worthy referenced Ireland's experiment changing free access under the Irish Freedom of Information Act to a flat fee of €15 in 2003. The purported objective, he said, was to deter unduly burdensome requests. But there was little evidence that happened. What did happen was a 75% drop across all requests. Cuillier said that Irish usage of the public records law still has not rebounded since the fee was rescinded. Yet, he added, Canadian provinces are now busy about adopting fees upon the same ill-informed theory.

Slides from Cuillier, et al.'s presentation for the volume-and-frequency subcommittee are available on the Sept. 11, 2025, meeting page of the FOIA Advisory Committee. They include QR codes to locate three papers the researchers have presented previously, two at the GCTR conference in Brussels in May 2024, and one at the conference of the Southern Political Science Association in Puerto Rico in January 2025. The volume-and-frequency subcommittee is co-chaired by Advisory Committee members Nick Wittenberg, corporate counsel at Armedia, and Nieva Brock, Associate General Counsel at the Defense Department.

For the statutory reform subcommittee, Advisory Committee members Ryan Mulvey, policy counsel for Americans for Prosperity, reported several subjects on which the subcommittee aims to draft recommendations:

• Adding affirmative disclosure categories
• Making FOIA logs available affirmatively
• Ensuring judicial review of affirmative disclosure, that is, FOIA "reading rooms"
• Incentivizing alternatives to FOIA requests
• Assisting agencies with Rehabilitation Act accessibility compliance
• Empowering agency officials to make affirmative disclosures
• Making the FOIA Advisory Committee a non-discretionary federal advisory committee

The statutory reform subcommittee is co-chaired by Mulvey and Advisory Committee member Whitney Frazier-Jenkins, Pension Benefit Guaranty Corporation, which, by the way, is a high-achieving if lesser-known agency in FOIA compliance.

For the implementation subcommittee, Advisory Committee member Deborah Moore, chief FOIA officer for the Department of Education, reported on an initiative to study barriers to FOIA implementation by engaging with focus groups of FOIA officers within agencies. Kimball and Advisory Committee member Sarah Jones Weicksel, executive director of the American Historical Association, designed the research project, in which I will participate this fall.

Also for the implementation subcommittee, I reported on the Comment of Freedom of Information Scholars submitted by academic colleagues and me regarding the ongoing revision of the Federal Acquisition Regulation, reported here at The Savory Tort in July and now also among public comments to OGIS for the Advisory Committee. The subcommittee is co-chaired by Jason Baron, University of Maryland, who co-signed the comment, along with Cuillier, Kimball, and Kwoka, and by Marianne Manheim, supervisory government information specialist at the National Heart, Lung, and Blood Institute. Advisory Committee member Frank LoMonte, a recovering academic and now senior counsel at CNN, also gave invaluable advice on the comment.

This was the sixth meeting of the sixth term of the Advisory Committee. The next public meeting is scheduled for December 4, at 10 a.m. U.S. EST. Public comments are invited online at OGIS and at public meetings. Read more about the Advisory Committee, its members, and OGIS FOIA compliance work at the OGIS blog, The FOIA Ombuds. The Advisory Committee is chaired by OGIS Director Alina Semo and afforded essential coordination by the many-hatted Kirsten Mitchell, compliance team lead, federal FOIA ombudsman, and designated federal officer at OGIS.

Greenberg: 'Why American Libel Law Is a Disaster'

My friend and colleague Dan Greenberg, a senior research fellow at the Cato Institute, has penned an editorial in which he explains "Why American Libel Law Is a Disaster" (free sign-up).  

The Eleventh Circuit affirmed dismissal of Alan Dershowitz's libel suit against CNN at the end of August for lack of evidence of "actual malice," the extraordinary standard of U.S. First Amendment law that requires public-figure plaintiffs to prove defendants' intent, knowledge, or smoking-gun recklessness as to the falsity of what they utter.

I don't disagree with the outcome in Dershowitz. But like concurring Judge Barbara Lagoa, I have serious reservations about the "actual malice" rule. The standard, calcified in constitutional law by New York Times v. Sullivan (U.S. 1964), is unique in the world in its broad application in tort litigation in purported protection of the freedom of expression.

Brigitte and Emmanuel Macron, 2019
PICRYL public domain

Though I am a free speech and press advocate six days out of seven, I have long been persona non grata in media defense circles when the subject of Sullivan rolls around. As a torts teacher, I understand that under-compensating victims of genuine harm, and of letting tortfeasors off the hook for socially intolerable conduct, have far-reaching adverse consequences for the social order. And I daresay that our present epidemic of misinformation has a direct lineage to Sullivan.

Dan Greenberg, who bears scars similar to mine as a plaintiff-survivor of formally unsuccessful defamation litigation, has written an op-ed for The Dispatch, "Why American Libel Law Is a Disaster."  He uses as case in point the libel suit (CNN) of French President Emmanuel Macron and his wife Brigitte against "self-styled independent journalist" Candace Owens—and the fact that the Macrons almost surely will lose, despite the absurd and damaging assertions of the defendant.

Here are the opening paragraphs. 

Did you know that the president of France and his wife Brigitte are actually blood relatives in an incestuous marriage? Or that Brigitte is a transgender woman? Or that President Emmanuel Macron was manipulated into becoming the president of France through a CIA mind control program? Or that the Macrons conducted an extensive campaign of violence, fraud, and identity theft to cover all of this up?

Well, you probably didn’t know this, because nothing would lead a reasonable person to believe any of it is true. But this didn’t stop Candace Owens, a self-styled independent journalist, from propagating that delusional narrative. Over the last year, Owens produced an eight-part podcast, Becoming Brigitte, that placed the Macrons at the center of a vast and incredible conspiracy. In July, the Macrons sued Owens for libel in Delaware.

Professor Eugene Volokh at Reason has key excerpts from Dershowitz v. CNN, Inc. (11th Cir. Aug. 29, 2025), from Judge Lagoa's concurrence, and from the contrary concurrence of Judge Charles Wilson.

There is more on the Sullivan debate, including an edited version of the complaint in Greenberg's 2013 defamation suit against an Arkansas newspaper, in my textbook, 2 Tortz, ch. 15(B)(5)(c), "Reconsidering Sullivan," from page 516.