Basketball

* This guy used a cellphone jammer in his car to keep his commute interruption free. Guessing he’s not a lawyer. [Slate]

* Let’s lay off Justice Scalia for his latest screw up. Because Justice Stevens screwed up once too. Oh, well, that settles it then. I think the real point is Scalia completely whiffed trying to make a hugely bitchy argument, but we’ll let the Scalia lovers have their moment. [The Volokh Conspiracy / Washington Post]

* Not for the faint of heart. Audio of a guy killing two unarmed teens. Obviously they were breaking into his house, but his wingnut psyche is laid bare in his rambling justification for shooting first and never asking questions. He’s charged with first degree murder because the grand jury just wasn’t buying his story. [Gawker]

* Meanwhile, the guys who really need guns can’t find where they left them. [Legal Juice]

* The long-running “Commentgate” story from New Orleans — where federal prosecutors allegedly used anonymous comments to sway public opinion on their cases — has ended with the prosecutors agreeing to a ban from federal court. [Times-Picayune]

* Did anybody know Donald Sterling’s son was suspected of shooting a guy in an argument? And the D.A. that the elder Sterling ran fundraisers for decided not to prosecute? Yeah, I’d missed that. [Bessette Pitney]

* Martin Scorsese’s nephew is basically a bit player in one of his crime movies. [NY Daily News]

My father had a theory. Like most of his theories, he freely admitted that he had probably heard or read it somewhere else. At any rate, the theory involved the scrubs who sat at the end of NBA benches and how a subtle and acceptable racism dictated that those guys who would never see the court anyway would be unusually pale. That if a player wasn’t helping a team win, why would you waste the slot on another black guy? Might as well throw a bone to the largely white fanbase who bought up all the tickets. This theory, of the Token White Guy, holds a sort of narrative power. It makes sense as a story and, facts be damned, has the ring of truth to it. The towel-waving honk at the end of the bench stands for a gentler racism. The inevitability of racism usefully funneled into something nobody cares about.

This week, racism in the NBA took a darker turn (pun WHOLLY intended!). As Donald Sterling was run out of the league on a rail, the Internet exploded in the way it does and the way stars do until nothing was left but the White Dwarf, Donald Sterling. The shrunken remains of a normal star… the degenerate matter.

Which feels a bit like what I’m left with after a week of this story. The degenerate matter. Still, there are words yet unsaid and positions yet untaken. Let us reflect on these serious matters, legally. Like we were trained. This whole thing may open up new vistas of understanding about our notions of justice. Or not.

Whatever, let’s talk sports…

double red triangle arrows Continue reading “The NBA Constitution Is Not A Suicide Pact”

* The Senate confirmed nine judges this week, the highest one-week total since the current session of Congress began. They even managed to confirm a “controversial” nominee. Congrats! [Legal Times]

* If you need a reason for your merger-product firm’s poor financial performance, don’t use the verein structure as a scapegoat. Maybe your firms weren’t profitable to begin. Burnnnnn. [The Economist]

* Skadden lawyers await the day they’re called upon to provide the NBA’s defense against a potential suit filed by Don Sterling. They’ll be ready, because Skadden’s the best brand in the world, yay! [Am Law Daily]

* Mayer Brown is pulling out of the “comfort women” case, a decision one of its clients says is “totally crazy.” We suppose the firm was getting tired of being dragged through the mud. [Los Angeles Daily News]

* A suspect is being held by police in the fatal hit-and-run of Judge Dean Pregerson’s son. He’s been charged with vehicular manslaughter, and is expected to be arraigned on Monday. [Los Angeles Times]

* Fifty-five schools are being investigated for alleged violations of federal law in the mishandling of sexual assault and harassment cases. One professional school is on the list. Sup Harvard Law? [Huffington Post]

Kathryn Ruemmler

* Boies Schiller announced it will be working with Hausfeld LLP for the limited purpose of creating a new practice group that will allow the firms to co-represent professional athletes. (Sorry, college athletes, you don’t count yet.) [Bloomberg]

* It’s highly likely that departing White House counsel Kathryn Ruemmler will return to her former stomping grounds at Latham & Watkins. Imagine how many pairs of shoes she’ll be able to buy with her Biglaw money. [Washington Post]

* Governor Andrew Cuomo is so desperate to keep the Buffalo Bills in Western New York that he recently inked a $350K deal with Foley & Lardner to convince the team’s future owners to stay put. [Buffalo News]

* The Above the Law Top 50 Law School Rankings are virtually ungameable, but Kyle McEntee of Law School Transparency proposes a novel way deans can try: by lowering tuition. GASP! [Law.com (reg. req.)]

* Marc Randazza, one of the preeminent lawyers on First Amendment rights (who happens to represent us from time to time), thinks what happened to Don Sterling was “morally wrong.” Interesting theory. [CNN]

* Donald Sterling may be banned from the NBA, but the recording that placed him on the outside looking in was captured illegally per California law. [The Legal Blitz]

* If the NBA owners agree — as expected — to force Sterling to sell the Clippers, it could cost his heirs over $100 million. Let’s feel sorry that megamillionaires might be slightly less megamillionaires. [Slate]

* The inimitable Charles P. Pierce with more on the horrifically botched execution in Oklahoma last night. Overlooked in the horror was the constitutional crisis that preceded it — where the very authority of the state supreme court was called into question. [Esquire]

* After getting his client acquitted of molesting a child while drunk, a lawyer managed to get arrested for DWI, hours after the verdict. Amazing. [St. Louis Post-Dispatch]

* The conservative argument for copyright reform. Seriously, at this point there’s no political philosophy in favor of lengthy copyright terms, so why can’t we change this? Oh, right. Media companies have tons and tons of money. [R Street]

* UVA Law funds the first jobs of a bunch of its grads. David Lat weighs in. [C-Ville]

* This story could just as easily be entitled “I’m a young Biglaw associate who lives in Williamsburg.” [McSweeneys]

* For the third year in a row, Skadden has topped the list of the Biglaw firms GCs love to pay, the firms with the best brands. Kirkland & Ellis and Latham & Watkins rounded out the top three. Congratulations! [PRWeb]

* A federal judge struck down Wisconsin’s voter identification law yesterday, noting that it “only tenuously serve[d] the state’s interest in preventing voter fraud.” Ouch. Sorry about that, Scott Walker. [Bloomberg]

* Hot on the heels of the release of the second annual ATL Law School Rankings, we’ve got a list of the law schools where graduates reportedly have the least amount of debt. We’ll have more on this news later today. [The Short List / U.S. News & World Report]

* It was kind of like the night of the living dead in Oklahoma last night, where an execution was botched so badly the defendant attempted to rise up off the table. That must have been horrific. [New York Times]

* Here’s an eligible bachelor alert: After being suspended from practice for six months for filming “upskirt” videos of women in public, this in-house lawyer has been reinstated. [Legal Intelligencer (reg. req.)]

* Poor Justice Lori Douglas. Not only are her kinky S&M pictures floating around somewhere online, but the man who took them — her husband, Jack King — just died. RIP, good sir. [CTV Winnipeg News]

* NBA Commissioner Adam Silver, a former Cravath lawyer, fouled L.A. Clippers owner Donald Sterling out of the league, but people are questioning whether his punishment was legal. [WSJ Law Blog (sub. req.)]

The people who regulate rich white guys in basketball are way tougher than the people who regulate rich white guys in banking.

Kevin Roose, author of Young Money: Inside the Hidden World of Wall Street’s Post-Crash Recruits (affiliate link), commenting on Twitter about N.B.A Commissioner Adam Silver’s harsh punishment of Donald Sterling, owner of the Los Angeles Clippers.

(Both Silver and Sterling are lawyers. Check out their backgrounds, and find out which elite firm conducted the NBA investigation of Sterling, after the jump.)

double red triangle arrows Continue reading “Adam Silver v. Donald Sterling: A Tale Of Two Lawyers”

You’ll probably still be able to get into law school, even if these weren’t your grades.

* Michelle Friedland, a Munger Tolles partner, has been confirmed to the Ninth Circuit. Congratulations! This marks the first time in years that the court has had a full slate of 29 judges, which is also pretty cool for law nerds. [Legal Times]

* L.A. Clippers owner Donald Sterling is probably going to be flopping around just like LeBron now that the NBA commissioner, Adam Silver, a former Cravath attorney, has launched a full court press against him. [Am Law Daily]

* This is something completely new and different. The United Church of Christ filed a lawsuit against North Carolina over its ban on gay marriage saying it restricts its clergy’s religious freedom. [New York Times]

* Dear Low Grades, High Hopes: You don’t need an addendum to your law school application. You’ll get in everywhere you apply — they’re desperate to fill their seats. [Law Admissions Lowdown / U.S. News]

* Singer-songwriter Paul Simon was arrested yesterday alongside his wife after she “picked a fight” with him. Given how “disorderly” things were, perhaps all he wanted to hear was the sound of silence. [CNN]

* People are shocked — shocked! — to learn that L.A. Clippers owner and Southwestern Law grad Donald Sterling may just be racist. Where were all you people the last 30 years he’s been in the limelight? I guess this is what happens when the Lakers stop being good. At least they’re in good company, the NAACP didn’t seem to pay attention to the red flags either. [Business Insider]

* Bringing “blame the victim” to sickening new levels. A playwright is suing actress Valerie Harper for $2 million for having the audacity not to mention her cancer. [New York Daily News]

* Oh, no, wait. This is bringing “blame the victim” to sickening new levels. [Huffington Post]

* Liquid Natural Gas exports are tied down in the FERC approval process. Pesky lawyers. [Breaking Energy]

* Louis Althusser’s On The Reproduction Of Capitalism argues that “all law is by essence, in the last instance, inegalitarian and bourgeois.” And he doesn’t even know about the cruise ship we rented out for a partner meeting to discuss our offices in that “country” of Africa. [Critical-Theory]

* Keeping your cool is a lot easier from your computer than out in the field. [Katz Justice]

* The Supreme Court may have decided not to rule on whether juries can be non-unanimous, but they will spend their time figuring out if fish are “informational items.” Good job. [The Volokh Conspiracy / Washington Post]

In your dreams, Dean Morrison.

I still have many friends at Columbia, and it was great to see them. I was on the faculty appointments committee that helped hire some of them, and I now regret that we placed such emphasis on their basketball abilities in the hiring process.

– Dean Trevor Morrison of NYU Law, talking about his former colleagues after playing in the faculty portion of the 14th annual Deans’ Cup basketball game between NYU and Columbia. The NYU Law faculty lost, but Morrison says he “look[s] forward to being a liability on [the] faculty team again next year.”

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