Baseball

Here at Above the Law, we’ve brought our readers great responses to cease and desist letters on multiple occasions (see e.g., here and here). It’s about time we shared an epic cease and desist letter with you.

This C&D letter is of great importance to those of you watching the World Series and rooting against the Boston Red Sox. The American Mustache Institute (yes, that exists) allegedly sent this creative piece of genius to Ed Weiss, who serves as the team’s general counsel. It seems the AMI objects to the team’s display of facial hair, claiming that hirsute players — like Mike Carp, Jonny Gomes, Dustin Pedroia, Ryan Dempster, Mike Napoli, Jarrod Saltalamacchia, and David Ross — have “harness[ed] facial hair towards athletic excellence,” thereby infringing upon AMI’s trademark on the “Sexually Dynamic Mustached American Lifestyle.”

This is something you’ll definitely want to read…

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* The four female Supremes gathered last night (and kept RBG up past her bedtime) to celebrate the unveiling of a lifelike painting of themselves that’ll be on display for years. You go girls! [Reliable Source / Washington Post]

* Now that cloture’s been filed on a would-be D.C. Circuit judge, these judicial nominations are getting exciting. You should probably get ready for a battle royal on Patricia Millett’s qualifications later this week. [Blog of Legal Times]

* The women over at Holland & Knight must be pregnant with glee now that the firm is offering incredibly attractive paid maternity and adoption leave packages in the hope of retaining its lady lawyers. [Daily Business Review]

* People want to know if they should take the LSAT in December or February. Are they serious? Take it in December so you can retake it if you screw up. [Law Admissions Lowdown / U.S. News & World Report]

* Aww, Barry Bonds wants the Ninth Circuit to rehear his obstruction of justice conviction with 11 judges instead of three. Perhaps he thinks that more judges will equal more sympathy. [San Jose Mercury News]

I mean, art teachers seem a little too calm.

* A high school teacher admits to taking heroin before teaching. But it was art class, so if he wasn’t on something it would have seemed weird. [Daily Mail]

* Reed Smith issued a statement on the complete meltdown one of its partners had over Twitter. They did not go ahead and tell the partner to “go f@ck himself and die,” so that’s a start. [Roll on Friday]

* Man fleeing police threw a parrot at the police officer to slow him down. The parrot bit the cop. Polly wants some bacon. [The Smoking Gun]

* Anyone read through the new Google Terms of Service? Well, they’re going to start using your name and profile in sharing your endorsements of music and restaurants. Here’s how you can opt out if you don’t want people to know how much you love Ace of Base. [Electronic Frontier Foundation]

* A veteran news reporter is suing the L.A. Times for discrimination after he was fired for not “taking it easy” on former Dodgers owner Frank McCourt. The only person who went less easy on Frank McCourt was the former Mrs. McCourt’s lawyer. [Courthouse News Service]

* A financial trader is suing his lawyer brother because he lost a bunch of money investing in real estate from 2004 through 2007. It seems like something more significant might have happened to real estate around 2007. But hey, congrats financial traders! You’re officially worse than lawyers. [Daily Business Review]

* If reviews and endorsements aren’t honest, they undermine the entire process. [Associate's Mind]

* 13 Signs You’re a Law Student. [Thought Catalog]

* The House stenographer loses it during the shutdown debate. Have any court reporters done the same? [Chaos in the Courtroom]

* Matthew Berry and Nate Ravitz of ESPN give an Illinois law student a hard time. The discussion begins at the 34:00 mark. And then they start making fun of the school’s ranking at the 39:00 mark. [ESPN]


It’s so refreshing when the filings and correspondence in celebrity lawsuits live up to personalities involved. So it’s a tremendous joy when a bombastic and confrontational figure has a lawyer willing to colorfully snark up a settlement offer… and then let that letter leak so we can all revel in it.

In this case, the litigant is retired former All-Star Jack Clark, who is being sued by the still-active, but nonetheless also former All-Star Albert Pujols, after Clark repeatedly and publicly accused Pujols of using steroids. How much of a career dick is Jack Clark? His Wikipedia entry uses the words “rift,” “feuded,” and “enjoyed playing for manager Billy Martin.”

In any event, Clark’s lawyer endeavored to make a settlement offer worthy of his client and produced an enjoyable read for all involved. So let’s take a look at what Clark offered Albert Pujols, if that is his real name….

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Sometimes the greatest truths are revealed in the most frivolous things. At least this guy hopes so. After the Atlanta Braves[1]
lost the NLDS, he hopped on his computer and drafted a full letter to Representative Jack Kingston of Georgia complaining about the result and begging for government intervention to set things right.

I mean, can’t something be done to hijack the results of the last contest?

You see where he’s going with this. The letter carefully — and comically — exposes the insanity of the government shutdown that Kingston enthusiastically supports.

And then Kingston responded with a letter that was, um, not as clever….

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* A-Rod’s lawsuit against the MLB is a fascinating read. It alleges the MLB investigator was having sex with witnesses during the investigation. And A-Rod knows about screwing over the people he should be helping while on the job. [Deadspin]

* Sinead O’Connor threatens to sue Miley Cyrus. Too many jokes are available for this, so let’s just take a moment of silence and let you choose your favorite. [Jezebel]

* Job posting for a bankruptcy associate noting, “good organization & keyboard skills required.” And they desperately need someone with those skills if this error-filled posting is anything to go by. Screenshot here in case they figure this out. [Bright]

* Conservatives are rallying to the soon-to-be heard case of a woman who smeared deadly chemicals around a house where innocent children could have been exposed. Because it’s only about protecting children before they’re born. [Newsweek]

* A law professor wonders if he suffers from narcissistic personality disorder. I wonder if narcissism is a common affliction among law professors. On an unrelated note, here’s a picture of Professor Brian Leiter. [Law Prof Blawg]

* A secret society of fun-loving drinkers are leaving gifts around Boalt Hall. The society, known as “The Gun Club,” was founded by none other than Chief Justice Earl Warren. It’s called “The Gun Club,” eh? People always forget that Earl Warren was a Republican. [Nuts and Boalts]

* With fundraisers for students beset by bad luck on the upswing, here’s another one. After the massive flooding in Boulder last month, many Colorado Law students lost housing, cars, furniture, books, and computers. Please help them out. [Indiegogo]

* How about someone builds the Supreme Court in Minecraft? Video after the jump….

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* The hits keep on coming for Curt Schilling. Now the SEC has woken up and decided to probe the $75 million he secured from the state of Rhode Island (already the subject of another suit). Maybe he can fake another bloody sock to generate some sympathy. [Bloomberg]

* Apple sold a “Season Pass” to Breaking Bad Season 5 and then refused to honor the second half of the season to its subscribers, prompting an Ohio doctor to file suit for $20, with hopes of building a class action. Look, Apple needed that money; Tim Cook is desperate these days. [Deadline: Hollywood]

* Speaking of Apple, the Federal Circuit looks like it’s going to give Apple another crack at its claim that Google ripped off the iPhone patents, citing “significant” errors on the part of the last judge to rule on the dispute: Richard Posner. You come at the king, you best not miss. [Wall Street Journal]

* And last, but definitely not least, Apple’s new fingerprint ID will be the death of the Fifth Amendment. Discuss. [Wired]

* A film chock-full of unsanctioned footage and insulting knocks on Disney has been picked up for distribution. This is your official warning that it’s time to prepare the beauty pageant pitch for the Disney execs. [Grantland]

* Elie smash, Charlotte Law School. [NPR Charlotte]

* The International Association of Young Lawyers conference will feature a speed dating session (on page 6). Really hard-hitting program there. [International Association of Young Lawyers]

* Congratulations to the 49 firms honored for meeting all of WILEF’s criteria for Gold Standard certification at today’s awards gala! [Women in Law Empowerment Forum]

* The NFL has reached a $765 million settlement with the over 4,500 retired concussion victims whose injuries paved the way for the league’s success. [Sports Illustrated]

* Dennis Rodman confidante Kim Jong-un had his ex-girlfriend executed on pornography charges. Kind of puts the whole “revenge porn” thing in perspective. [The Telegraph]

* A lawsuit against Curt Schilling, based on allegations that he deceived the state into giving his company $75 million, will go forward. Like most conservative Republicans, Schilling saw no problem with taking millions in handouts from the government so long as poor people don’t get $4.50 a day for food. [Comcast SportsNet]

* Judge Mark Bennett (N.D. Iowa) ripped the Department of Justice for creating massive drug sentencing disparities because the DOJ went years without a policy for when prosecutors should double the prison time for repeat offenders. In Northern Iowa, that’s a LOT of meth heads in prison. [Des Moines Register]

* Attorneys for the Governor of Pennsylvania equate gay marriage to letting 12-year-olds marry. Just because a demographic calls everything “gay” doesn’t make them gay. [ABA Journal]

* Study shows academics use lots of adjectives and adverbs. This is really a very terrific and awesome study. [TaxProf Blog]

* Polygraphs are inadmissible, but remember invisible jets are A-OK. [Texts from Superheroes]

* REMINDER: OK NYU, Columbia, Fordham, Cardozo, and NYLS students! It’s time to send nominations to us for where you want us to go on the Great Above the Law/Kaplan Bar Review Bar Crawl. Send bar nominations to tips@abovethelaw.com, subject: “Bar Crawl.” See you on September 18th! [Above the Law]

To pass the time while commuting, I like to listen to podcasts. If ATL had a podcast I would add that to my listening rotation (especially if Lat is able to pull in sitting judges to guest host or as interview subjects). But this is not a column about podcasts. Though the idea for this contest came from a podcast I was listening to, the B.S. Report with Bill Simmons. The host was interviewing a former ESPN colleague, and they were discussing how certain statistics in baseball are misleading.

An example? Wins for pitchers. Apparently there is a movement to abolish that statistic. Why? Because a pitcher can pitch a terrible game, and still come away with the win, assuming his lineup bails him out. Conversely, a pitcher can pitch a beautiful game, and lose just because his hitters decide to approach their at-bats like the pudgy partner from bankruptcy at the annual intra-firm softball game. To prove the limited utility of using wins as a proxy for determining who is the best pitcher, consider the following. By nearly all accounts, Clayton Kershaw of the L.A. Dodgers is the single most dominant pitcher in baseball today. Unsurprisingly, he is reportedly in line for the richest (around $30 million a year or so) contract extension for a pitcher — ever. But he has fewer wins this season (so far) than Bartolo Colon, a 40-year-old journeyman pitcher (on his sixth team, and nearly a decade removed from his last All-Star game appearance), who is making non-equity service partner money ($3 million) by baseball standards. Wins simply do not tell the whole story.

Biglaw has its share of statistical shortcomings….

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A brief tangent. I was shocked and appalled to find out that I wasn’t asked my thoughts about being no-offered by your summer firm. As, perhaps, the only ATL writer who found himself in such a situation, I thought my insights would be particularly valuable. Instead of cobbling together that fake-as-hell gchat (“I think that is a fine point, sir. As I cogitate on this question, allow me to interject a brief few words in support of the fair maiden whose plight we now consider.”), they could have asked me: straight up, what did you do when Baker & McKenzie no-offered you?

Excellent question, Lat. I let a single teardrop roll down my cheek like I was Denzel in Glory. Then I picked myself up, slapped my dog in the face and did, like, 16,000 biceps curls. I determined that I wasn’t going to let some dumb dumb law firm dictate my life’s trajectory. I was going to be a huge success, someday reaching upwards of two dozen people as a writer for the Internet’s preeminent website for law firm bonuses and women’s shoes. I was also not going to let Baker’s decision get in the way of my life’s dream to one day work at a terrible office filled with half-wit lunatics who either don’t know I’m a lawyer or don’t care. To quote Matthew Wilder, I decided that no law firm gonna break-a my stride, nobody’s gonna slow me down. Oh no. I’ve got to keep on moving!

I also considered taking a huge dump outside Baker’s offices.

Let’s talk sports…

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