Football

* Are you ready for some concussions?! [The Nation]

* Sorry, wrong song. How about: I’ve been waiting all day for student athlete’s rights, but Stanford’s getting tough like a prime-time fight. California wants to protect injured scholars in cleats. But Stanford doesn’t care for former athletes. (Go ahead, read the article, listen to the song chorus again, then come back here and tell me my fake lyrics were awesome. I’ll wait.) [Legal Blitz]

* Amanda Bynes, charged with hit-and-run. A former child star running afoul of the law, what were the odds? What. Were. The. Odds. [Associated Press]

* Stuff falls from the sky and kills a lawyer. That’s not the start of a joke, it really freaking happened. [The London Evening Standard]

* Note the URL on Niki Black’s response to Brian Tannebaum’s article yesterday, then remember to keep your hands and feet inside the car at all times. [Sui Generis]

* Dealbreaker headline of the day: Bank Of America Makes Policy On Flashing Your Bare Ass At The Office Clear. [Dealbreaker]

* Conservatives in California are against deregulation. The party of Reagan is truly dead. [Slate]

Ed. note: This new column is about sports and the law. You can read the introductory installment here.

Last night, I was having trouble coming up with something to say in this space that begins the post. I think it’s called an introduction. I called up the only woman who doesn’t screen my calls and asked for her help.

Mama Juggs: Are you in trouble?
Juggs: No, mom. Christ, why would you ask me that? No, I’m finding it difficult to think up a story only tenuously related to sports that I can open my column with.
MJ: I don’t understand a word of what you just said.
J: My column, mom. On Above The Law. You said you’ve been reading it?
MJ: *silence*
J: Whatever. Mom, can you think of a sports-related story that’s mildly funny and has little-to-no point?
MJ: Do you remember how your father used to shoot free throws? God, you’d stand out there for hours rebounding for him. How many did he make in a row?
J: Something over 100. I don’t remember. Mom, that’s not a ripping yarn, you’d have to agree.
MJ: You were too young to remember this, but the way his teams ran defense at Lucky High. Oh God, it was poetry. Every motion had an order, but it was so fluid and graceful. It was intuitive, y’know? Your father was so proud of those boys.
J: This isn’t going anywhere, is it?
MJ: The team that took second at state was great, but it was actually the team after that that your father always claimed was the best he coached. I can still see him walking out onto the court with the boutonnière and he looked so impressive. Just striding onto that court with all the confidence in the world. I’ll have to see if I can find a picture. I know I have one around here. He looked so handsome, your dad did.
J: Didn’t he get kicked out of a lot of games for arguing with refs?

LET’S TALK SPORTS!

double red triangle arrows Continue reading “Sports Law, Spaw, Lorts: Mostly Football Extravaganza”

Malori Wampler

Last year, we made passing mention of Malori Wampler, the ex-Indianapolis Colts cheerleader who had been fired for posing in “risqué” photographs at a Playboy magazine-sponsored party — and by “risqué,” we mean clad only in body paint. For all intents and purposes, Wampler was basically naked. (And don’t worry, dear readers, we’ve got photos, if you’re interested in seeing that sort of thing.)

But rather than simply contesting the team’s decision to fire her (after all, these pictures had been taken before she became an NFL cheerleader, and the team was aware that Wampler had worked at these parties in the past), Wampler decided to sue, alleging that the Colts had terminated her because of her sex, race, and national origin. Wampler wasn’t fired because she had violated the team’s rule against cheerleaders appearing in nude photos; no, she was fired because she was Indonesian.

Earlier this week, Wampler’s case got some action in federal court. Let’s find out what happened….

double red triangle arrows Continue reading “Ex-NFL Cheerleader Who Posed for Pictures Clad Only in Body Paint Gets Her Bias Claim Against the Colts Tossed”


Faith Hill will probably not make it to the Above the Law Fantasy Football party.

Are you ready for some football… wait, what, we’re not singing that anymore? That’s a great song. Banning that song is like something Hitler would do.

Anyway, I’m getting back into the fantasy football thing. I hosted a league for Above the Law readers a few years ago. That was hard because the economy kind of exploded that fall.

Now, I want to get back in the game. I’m going to get crushed this year — I don’t think having a newborn meshes well with running a fake football team. But I;m going to want the distraction. It’s also so much fun to watch football the year after your team wins the Superbowl. Everything is gravy; if they stink, who cares, you’re the defending champions.

Are you interested in playing with me and your other Above the Law editors? Staci is in. Danzig is in. Lat will not be participating, but we’ll keep him posted. Playing fantasy football with ATL readers is fun. There’s a lot of smack talking especially around trade time because, well, have you ever seen lawyers try to make a trade where everybody “wins”?

Here’s how it’s going to work: you’ll email me and say you want in. Elie@Abovethelaw.com. If there is enough interest, I’ll run two leagues. If there’s more than that, I’ll email all the people who don’t make the cut and they can organize on their own. Preference will be given, in order to: friends, nice commenters, first come, girls, Harvard grads, mean commenters, Yale grads. Or something like that.

Oh, and two more important things:

  • We’re using ESPN. It’s the worldwide leader — Yahoo and CBSsports are not.
  • It’s going to be an auction style draft. Because auction requires SKILL while snake drafts require getting lucky in the draft order. Auctions are fun, and auctions mercilessly punish people who can’t make time for the draft.

Make sure you let me know by Friday so I can spend the weekend organizing and getting out some draft times. I can’t wait for my team, Pacific Walrus, to crush you this fall.

* 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]

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