Drugs

You go to war with the army you have, not the army you might want or wish to have at a later time.–Donald Rumsfeld

That line, besides being a viciously subtle slap at this great nation’s servicemen and women, also contains a great amount of wisdom. Rummy’s lines had a way of doing that (known knowns, unknown unknown, gnome noams, etc.). For instance, today the sports world stands on the precipice of two wars. And as we survey the looming battlefields, sabres drawn, guns loaded, war analogies wild and unkempt, we face the very real prospect of going to war not with the army we want, but the army we have. Namely, Alex Rodriguez and Johnny Manziel.

But go to battle we must. Our nation’s sports, all teetering precariously on a foundation of absolute hypocrisy, threaten to come crashing down. We are aghast at the mere presence of performance enhancing drugs. At least, that’s what some dude at GNC told me. And while we believe in the free market reflexively, we do not believe a 20-year-old should share in the fruits of his labors. These are the motivating paradoxes of our current sports age and they are threatening to unravel right before our eyes. Isn’t this exciting!? It’s like when the Berlin Wall came down and the kid in your class brought the little pebble and he said “Look, this was the Berlin Wall.” And you squinted and shivered at the mere sight of such an important artifact but, seriously? You wanted to beat that kid in the face and take his history rock.

Let’s talk something other than that jerk kid and his cool commie gravel…

double red triangle arrows Continue reading “There Are No Heroes In This Story”

* The cop who became a global internet meme for pepper spraying protesters at Berkeley Davis is now appealing for worker’s comp, arguing that he suffered psychiatric injury. Pray for him. [Lawyers, Guns & Money]

* Ariel Castro has pleaded guilty. Professor Douglas Berman suggests that the death penalty may have made this possible. An alternative theory is that Castro doesn’t think being locked up in a tiny space for years on end is all that bad. [Sentencing Law and Policy]

* Navigating the archetypes of expert witnesses based on The Office. [The Expert Institute]

* Lawyer arrested for bringing meth into a courthouse. I’d say “better call Saul,” but this sounds more like something Saul would do. [Press Democrat]

* An Akin Gump partner, James Meggesto, is in hot water for Tweeting his disdain for a congressman and a Native American chief. For the record, when a tweet opens with “Resisting urge to tweet…”, you’ve failed. [Politico]

* This story actually reminds me of the plot to the new BSG series — a networked house can easily be hacked by cylons. Or in this case, Kashmir Hill. [Forbes]

* New York’s energy regulations are increasing demand for energy-efficient solutions. The most efficient thing about my apartment is finally getting a break in the heat. [Breaking Energy]

The remnants of the Grateful Dead (Furthur) came to town last week. I was unable to attend, as I was putting on a five-hour benefit show the next day, and I knew a party the night before would not be good for me. Well, the band only got part way into the second set before stopping the show due to “weather.” Granted, there were thunderstorms about, as a cold front was finally lifting the oppressive heat wave of July 2013. But no rain was reported at the venue, and no “weather” ever materialized. Putting on my foil-hat character for a bit tells me that Bobby is still not well, or recovered enough from his bout with something or other earlier this summer. YouTube the clip of “Bob Weir falling” and see for yourself. It is not only sad to see a legend in the throes of some sort of addiction, but it is frustrating as a fan — to pay good money for a show, only to have to leave early because one of the stars couldn’t keep it together.

I have written before about mental illness in the profession, but a more insidious and pervasive issue is alcohol and drug dependency. Everyone who uses has their own story and background about how they got into alcohol or drug use, but I want to focus on the atmosphere in the legal profession: that you cannot have a gathering of attorneys without letting the booze flow. Beginning as a summer associate, and on through your career, wherever you end up, alcoholic beverages, and to a lesser extent drugs, become an omnipresent factor in your daily life. I am not here to preach or judge, just to offer a cautionary tale.

It might also have to do with the fact the we are boring as hell when in a group, and the only way to loosen up is to imbibe….

double red triangle arrows Continue reading “They’re All Wasted…”


Here’s your fact pattern. You’re a young prosecutor and you get assigned a file for a troubled young woman.

She’s charged with a number of crimes, mostly revolving around meth, because it’s Oklahoma and there’s nothing else to do but meth and trade complaints about Texas.

But then you study the file a little more and see that the woman was caught with a loaded gun. Nothing too surprising there.

In her vagina.

Wait, what?!?

You know what they say, if you outlaw guns jammed in vaginas, only outlaws will have guns jammed in vaginas…

double red triangle arrows Continue reading “Woman Concealed a Handgun… Where?”

If you take a hard line in your belief in free speech, you need to double that staunch stance when it comes to humor and satire, because they almost universally require an edge or offense of some kind. Quadruple your stance if that humor or satire is aimed at anything having to do with the government, since they’re not allowed to be offended by our speech. Sorry, government, but that’s the deal we made two-hundred-plus years ago: you get to pretend like you represent us and we get to make fun of you for it…

double red triangle arrows Continue reading “Ohio AG Gets Urban Outfitters To Pull Satirical Prescription Coffee Mugs From Stores, Citing His Own Lack Of Humor”

Last summer, we brought you a tale about some mom-and-dad law grads who had been accused of planting a potpourri of drugs and drug paraphernalia in a school aide’s car for her apparent failure to “properly supervise” their child. At the time, Kent Wycliffe Easter (UCLA Law ’98) and Jill Bjorkholm Easter (Boalt Hall ’98) were charged with conspiracy to procure a false arrest, false imprisonment, and conspiracy to falsely report a crime.

The pair later pleaded not guilty, but were indicted for those crimes in October. A fact that hasn’t been trumpeted from the rooftops — perhaps it wasn’t salacious enough? — is that according to court records, the complaint against the Easters was dismissed in November.

UPDATE (6/26/2013): But note that the grand jury indictment is still pending.

Kent and Jill Easter are understandably upset after having been dragged through the mud for so long, regardless of the fact they’re still under indictment. And so, like any lawyer would do, the Easters are now suing several parties for defamation….

Please note the UPDATES throughout this post.

double red triangle arrows Continue reading “Husband and Wife Lawyer Duo Once Accused of Planting Drugs Now Suing For Defamation”

We haven’t seen a good Student Bar Association scandal in a while, but that’s all about to change. In case you’re not aware, the law students who are elected to serve on their school’s SBA are tasked with organizing fun events that will make their peers happy, and those events usually cost a lot of money. What can I say, alcohol and vomit clean-up fees are expensive.

So understandably, when that beer money starts to get mysteriously low — in this case, to the tune of tens of thousands of dollars inexplicably missing — people start to panic. At what point do you realize the girl responsible for managing your organization’s finances has embezzled more than $30,000?

Probably when she admits to you that she spent the cash to fuel her drug and alcohol addiction…

double red triangle arrows Continue reading “Law Student Embezzles Thousands of Dollars While Drunk, High”

Here are three true statements:

(1) Monopolies are generally illegal.
(2) Like baseball, patents make monopoly laws get a little funky.
(3) Courts really really really like to encourage settlements.

So, when two companies get together, and work out a settlement that makes a whole patent infringement lawsuit go away, and the only objection is that pesky Federal Trade Commission complaining that the settlement is anticompetitive, you can understand why a federal court could meditate on points (2) and (3) and dismiss that FTC complaint.

Yet, in FTC v. Actavis, the Supreme Court yesterday made it harder to settle some patent infringement suits, saying that sometimes a settlement of a lawsuit can be an antitrust problem.

How?

double red triangle arrows Continue reading “When Buying Off A Litigant Is Also Buying Off A Competitor”

* California AG Kamala Harris gets a profile in Vanity Fair. That’s good, I hear she’s the hottest AG in the country. [Law and More]

* If you have an erection that lasts waaaaaaay longer than four hours, file suit. [Delaware Online]

* A New York-area law student wants a tutor to help with the law review write-on competition. For the low, low price of $35/week. Eh. It’s better than contract work in most markets (in case the link breaks I’ve got a screenshot). [Craigslist]

* What the hell, here’s another job listing. Highlights: Unpaid summer associates, fighting for $12/hour positions, with one voted off the island every few days. The new economy is awesome! (Screenshot here.) [Craigslist]

* Patriarch Partners founder and CEO Lynn Tilton, known for saying, “There are three universal lies: Margins are weak, but we’ll make it up in volume; the check’s in the mail; and I won’t come in your mouth,” prevailed in MBIA’s suit against her. [DealBreaker]

* The federal government has made legalized pot difficult for states. Now the burgeoning pot industry is lobbying Congress to change federal laws to make their jobs easier. Come on pols, it’s time to turn your “pro-business” rhetoric to action. [TaxProf Blog]

* Republican master spin doctor Frank Luntz is looking into how the Washington Redskins could save their name. This all grows out of the efforts of George Washington Law Professor John Banzhaf (second link) to push the franchise to change its name by lobbying broadcasting regulators to penalize broadcasters for repeating the slur that passes for a mascot. [PR-Inside]

* Pennsylvania Supreme Court Justice Seamus P. McCaffery is enjoying an FBI probe into the fact that his wife — and chief aide — earned massive referral fees for sending clients to personal injury firms while working for the court and skirting the rules established by the chief justice. Given the amounts involved, I clearly need to get into the referral business. [Philadelphia Inquirer]

* I’ve given Texas a hard time over the last week, but the Texas Court of Appeals for the First District did a little to redeem themselves with this opinion citing legal luminaries Patsy Cline and Daft Punk. Full opinion after the jump. Relevant cites on Texas Courts. Check it out…

double red triangle arrows Continue reading “Non-Sequiturs: 06.12.13″

Bullies

Oklahoma State football coach Mike Gundy

We’re going to talk about a$$holes today, class. Specifically, we’re going to talk about the way in which our society exalts certain bullies — the successful ones, I guess you’d say. If you’re laboring under a mountain of garbage work at a big law firm right now, you’ve probably run into a few of these. They’re your bosses. Because, if there’s any rule more reliable than gravity, it’s that the legal profession is thick with barely-functioning sociopathic goons who are sadistic to a degree rarely seen on Animal Planet. These a$$holes are lauded for their rainmaking potential and their ability to camouflage any recognizably human trait hidden deep within themselves. They are terrible and they probably run your life. So it goes.

But another class of individuals not far removed from the Biglaw freak show are those coaches (especially football) who are recognized as geniuses. Those successful coaches who look across the human landscape and only see so much raw material. So many interactions that must be scripted and manipulated in order to win some g-danged ball games. Genius has never been so depressingly common. But it’s from this class of individual that we build great hoary temples of cliche. Management principles, warfare strategies, motivational seminars, successories, visualization and actualization. This mountain of detritus is sustained by a steady stream of manure emanating from our nation’s greatest a$$holes. This, of course, is not meant to tar all coaches with this brush. Many coaches manage to retain some shred of their humanity while navigating the make-believe combat of their chosen sport. These coaches are usually losers, of course. But still. They exist.

Mike Gundy is not one of these exceptions. Mike Gundy is an a$$hole.

Let’s talk a$$holes…

double red triangle arrows Continue reading “Bullies”

Page 8 of 311...456789101112...31