Football

* The Sixth Circuit delved into the question of law professors’ tenure in a recent decision, noting that it doesn’t guarantee a job for life. But seriously, why on earth would you want to have a lifetime career at Cooley Law anyway? [National Law Journal]

* Was the Wisconsin Sikh temple shooting a hate crime? Well, the shooter was in a racist skinhead band and purchased supplies from a neo-Nazi group, if that gives you a clue. [Reuters]

* Bet nobody saw this kind of douchebaggery happening: Jackson Lewis has been tapped to represent a member of Penn State’s board of trustees to appeal the NCAA’s unappealable sanctions, and he’s recruiting fellow trustees to join him. [Am Law Daily]

* No more “no comment” for this former reporter: Bruce Brown, a partner at Baker Hostetler, was appointed as the new executive director of the Reporters Committee for Freedom of the Press. [Blog of Legal Times]

* As expected, Jared Lee Loughner pleaded guilty in the Arizona shooting that killed six people and wounded 13 others. He’ll likely receive several life sentences as opposed to the death penalty. [Wall Street Journal]

* “This sh*t ain’t no joke yo, I’m serious, people are gonna die like Aurora.” Twitter, please cooperate so the police don’t have to subpoena you when a user threatens to commit a massacre in NYC. [NBC New York]

For the past week, many sportswriters have focused on how lucky they believe Penn State University was to avoid the ‘death penalty‘ to their football program, especially after NCAA President Mark Emmert threatened just that sanction.  What almost nobody is talking about, however, is that the NCAA’s ‘death penalty’ sanction may very well have been illegal under Section 1 of the Sherman Act.  Thus, if the NCAA had attempted to shut down Penn State’s football program, an interesting antitrust challenge could have potentially followed.

For those less familiar with antitrust law, Section 1 of the Sherman Act states that “[e]very contract, combination … or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.“  In practice, this section of antitrust law is not interpreted to literally prohibit all contracts signed among competing businesses.  However, the courts have consistently interpreted Section 1 of the Sherman Act to strike down contracts that are deemed unreasonable in terms of their economic effects.

As a private association composed of member schools that compete against each other for fans and players, all commercial decisions reached by the NCAA or its employees are, in essence, horizontal agreements subject to Section 1 review.  In addition, any agreement by the NCAA to ban a competitor from the marketplace would be defined as a “group boycott,” which falls among the most troublesome types of agreements subject to Section 1 scrutiny…

double red triangle arrows Continue reading “Sports and the Law: Professor Edelman Explains Why Giving Penn State the ‘Death Penalty’ May Never Have Been a Real Option”

A Biglaw football commercial?

* Dewey know whether this revised partner contribution plan will be well received? Well, from the looks of it, the firm’s executive committee members are being asked to repay a greater sum of money, so people will probably be happier. [Am Law Daily]

* Arnold & Porter’s William Baer, the man nominated to lead the DOJ Antitrust Division, received a warm reception from the Senate Judiciary Committee, and it was all because of his “if it ain’t broke, don’t fix it” attitude. [National Law Journal]

* What do you get when you cross a Biglaw patent associate from Steptoe & Johnson with an NFL Redskins quarterback? A pretty cool hobby, and a new Adidas commercial. [Capital Business Blog / Washington Post]

* Up next in this judicial gong show, Madam Justice Lori Douglas’s lawyer has asked the Canadian Judicial Council to recuse itself and terminate the legal ethics inquiry against her client. [Full Comment / National Post]

* You saw this coming: attorneys for the man identified as Victim 2 in the Jerry Sandusky trial have released voice mails allegedly left by the former coach, and plan to use them in a civil suit against Penn State. [CNN]

* A lawyer’s former mistress who attempted to kill his wife on several occasions is expected to take a plea deal today in exchange for a 20-year prison sentence. Sounds like a soap opera plot. [Houston Chronicle]

* “Don’t say another word, because you’re just pissing me off.” Former adjunct law prof Clark Calvin Griffith said some interesting things to a judge during his indecent exposure sentencing hearing. [Pioneer Press]

Summer loving for one lesbian law student.

* Dewey know how much Stephen Horvath has made since D&L went belly up at the end of May? Thus far, he’s raked in $190K, and that just covers his pay through the end of June. That’s only $1.97M a year, no big deal. [Thomson Reuters News & Insight]

* You might not be able to get a full-time job in this economy, but if you’re a contract attorney with foreign-language skills, you’ll probably be able to land some pretty sweet Biglaw firm gigs, even if you’re just doing doc review. [Wall Street Journal]

* Did the NCAA overstep its legal boundaries when sanctioning Penn State? At least one sports law professor thinks so, and he actually wishes that the school had challenged the scope of the sports organization’s authority. [CNN]

* Wait, female Senate aides in Minnesota can have affairs with their superiors and get away with it, while male aides get fired for doing the same exact thing? That’s blatant sexism, and you should totally sue. [ABC News]

* Rather than be “super boring,” this would-be Senator has dubbed herself “the diva of the district.” We know all about the Touro Law student who’s running for New York Senate. We’ll have more on this later. [POLITICO]

* Law school debtor Jason Bohn was arraigned on first-degree murder charges, and entered a not-guilty plea. According to his attorney, Bohn apparently suffers from “extreme emotional disturbance.” [New York Post]

* Know your rights? If you’re accused of hit-and-run and vehicular assault charges, it’s always a great idea to cry, repeatedly ask if you’re under arrest, and tell everyone that you’re a law student. [Spokesman-Review]

* Well, this is graphic: the trials and tribulations of a law student interning at a law firm and blogging about all of the hot lesbian action she’s getting, including encounters with a co-worker. [Daily Intel / New York Magazine]

Mark Emmert

What we can do is impose sanctions that both reflect the magnitude of these terrible acts, and that also ensure that Penn State will rebuild an athletic culture that went horribly awry. Our goal is to not be just punitive, but to make sure that the university establishes an athletic culture and daily mindset in which football will never again be placed ahead of educating, nurturing, and protecting young people.

– NCAA president Mark Emmert, commenting on the unprecedented sanctions levied against the Penn State football program for its involvement in former coach Jerry Sandusky’s sexual abuse scandal.

* “I think this is destined to fail.” People are not happy with the proposed settlement plan for former Dewey partners, but who are they kidding? These people don’t exactly like to part with money — not even to hand out bonuses. [Am Law Daily (sub. req.)]

* Andrew Levander, a partner at Dechert LLP, is representing ex-Barclays chief executive Bob Diamond. Diamond hasn’t been charged with anything, but this white-collar defense lawyer’s apparently been on his side since 2010. [WSJ Law Blog]

* Money talks: lawyers and law firms are the top donors by industry to presidential campaign funds, with Kirkland & Ellis leading for Romney, and DLA Piper for Obama. [Capital Business Blog / Washington Post]

* Escándalo! Louis Freeh’s report revealed that PSU’s “seriously deficient” counsel billed a whopping 2.9 hours on an incident involving Jerry Sandusky’s locker room shower with a young boy. [Centre Daily Times]

* But here’s where the football chatter comes in (not that I know a lot about football): legal experts say Freeh threw an “incomplete” with this report, because it didn’t go far back enough in time. [New York Daily News]

* Sorry, lady, but you didn’t need to attend a Justin Bieber concert for his music to allegedly cause permanent damage to your ears to the tune of $9M. All you really needed to do was turn on the radio. [Chicago Tribune]

Is Kristen Saban going to have to choke a bitch?

Did you hear the one about the sorority sisters who get drunk, start crying, and get into catfights that result in one of them needing a nose job? I know, it’s a tale as old as time, but this one has a fantastic twist. This time one of the alleged participants is the daughter of famous football coach Nick Saban.

In case you don’t follow sports, Nick Saban is one of the most hated men in college football. The one-time LSU coach has made slurs about Cajuns in Louisiana, and he cowardly walked out on the Miami Dolphins professional franchise. Most people outside of the University of Alabama would love to punch him in the face.

Inside the University of Alabama, he is a God. And according to a new complaint, it’s his daughter that allegedly does the punching of people in the face….

double red triangle arrows Continue reading “Nick Saban’s Daughter Accused Of Beating Up Her Sorority Sister”

* Nothing says justice like for-profit probation companies. [New York Times]

* Was this really a courtroom exchange involving Redskins tight end Fred Davis, or was it a weird performance art piece/Abbott and Costello comedy routine? [Washingtonian]

* There is no such thing as a free trip to Disney World. Well, technically there is. There are many, in fact, at least until you get caught. [Legal Juice]

* The insane legal fight between the Oatmeal and Charles Carreon continues to get weirder. Oh yeah, and serial suer extraordinaire Jonathan Lee Riches has hopped into the fray as well. [Lowering the Bar]

* Kim Dotcom says the order to go after Megaupload came all the way from the top. WHAT DOES JOE BIDEN WANT??? [TorrentFreak]

* RIP Andy Griffith, a.k.a. Matlock, one of the most famous television attorneys of all time. My grandmother is probably very sad today. [WSJ Law Blog]

Jerry Sandusky

I’m dealing with this, but if I have to sit around in this cell for a few more days, I am going to go nutty.

Jerry Sandusky, via his lawyer, Karl Rominger, commenting on his time in an isolation cell while on suicide watch after his conviction for child sex abuse on Friday.

* It’s official: “law school grads face worst job market in more than 30 years.” Put that in your TTT pipe and smoke it. [Chicago Tribune]

* Not sure how good of a “cyber spy” you can be if you’re getting sued in federal court for things like cybersquatting and trademark infringement. [MarketWatch]

* Jerry Sandusky was convicted — oh Lord, he was convicted — Friday evening, and now his attorneys say they weren’t allowed to resign right before the trial. [CBS News]

* The New York Times has caught Linsanity, or at least it has caught an interest in the trademark case for Jeremy Lin’s popular catchphrase. [New York Times]

* It was Gay Pride weekend across the country. Practically speaking, for most people this meant lots of unexpected traffic jams and random glitter bombings. Evan Wolfson, a prominent attorney, was the Grand Marshal of the Chicago Pride Parade. [Chicago Sun-Times]

* Will today be the day we get the Obamacare decision? Who knows. In the meantime, here’s an interview with the folks behind the wonderful SCOTUSblog. [Forbes]

* The judge accused of elder abuse, in Alameda County, California, is still on the bench, but he has been relegated to handling small claims court. [Mercury News]

* An owner of the Miami Heat has sued Google and a blogger over an “unflattering” photo. I guess once you win an NBA championship, it leaves you with a lot of free time for other important pursuits. [CNN]

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