Racism

En garde, esquires of the Biglaw realm!

* Partners from Patton Boggs and Squire Sanders may vote on their merger sometime this week. Get ready to say hello to Squire Patton, House of Boggs, Hodorific of Its Name. [Reuters]

* “[E]xcuse me, sir, you may not be here in five years.” Biglaw firms are becoming more “egalitarian” about office space because attorneys have expiration dates. [National Law Journal]

* After a flat year in 2013, and much to Biglaw’s chagrin, “[i]t is going to be harder to sustain year-over-year profitability gains.” Oh joy, time to power up the layoff machine. [Philadelphia Inquirer]

* Tech giants Apple and Google have called a ceasefire in their dueling patent suits in a quest to reform patent law — and so Apple can concentrate all of its efforts on suing the sh*t out of Samsung. [Bloomberg]

* GM’s in-house legal department is being heavily scrutinized in the wake of the car maker’s ignition switch lawsuit extravaganza. You see, friends, people die when lawyers don’t even bother to lie. [New York Times]

* Donald Sterling found a lawyer willing to represent him, an antitrust maven who thinks the NBA should take its ball and go home because “no punishment was warranted” in his client’s case. [WSJ Law Blog]

* Who is the “Man In Black?” If you said, “Johnny Cash” you’d have been wrong in this instance. But right in life. [The Volokh Conspiracy / Washington Post]

* Oh screw these guys. Hospital fires a radiation therapist who helped the mother of a cancer patient get in touch with the kid’s favorite football team. [Courthouse News Service]

* The latest on Net Neutrality. [LXBN]

* More news in the struggle to end unpaid internships — plaintiffs suing Warner Bros. have been granted the right to invite more people to a class action party. [Inside Counsel]

* There’s a quirk of the criminal justice system unfairly hurting African-Americans. I’m sorry, I thought that was all the criminal justice system. [PolicyMic]

* We’ve been wondering where Ed Siskel would land after leaving the Office of White House Counsel. Well, now we know. Congratulations WilmerHale. [Main Justice]

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 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]

Chris Kluwe

* Meow! Last week, in a rare move, Justice Sonia Sotomayor let the world see that she’s not exactly the best of friends with Chief Justice John Roberts through her fiery dissent in the Schuette affirmative action case. [National Law Journal]

* The Am Law 100 law firm rankings are out, and 2013 is being described as a “middling” year for most Biglaw firms. On the bright side, it looks like the big and rich got even bigger and richer. We’ll have more on this later. [American Lawyer]

* Bingham McCutchen has settled a discrimination suit filed by Sleeping Beauty a former associate with a rare sleep disorder. We hope this lawyer will be able to sleep well on her new bed of cash. [Am Law Daily]

* Secrets, secrets are no fun: The search for a new dean is on at George Washington University Law, but professors say they were “sworn to secrecy” on the candidates who’ve visited campus. [GW Hatchet]

* “It’s not about me getting the money; it’s about showing the NFL you can’t do this.” Ex-Vikings punter Chris Kluwe may sue the team after being cut for expressing positive views on gay marriage. [NBC Sports]

* Donald Sterling’s wife ain’t sayin’ V. Stiviano is a gold digger — she’s alleging V. Stiviano is a gold digger. This, plus the accusations of racism against Sterling, is a flagrant foul. [L.A. Now / Los Angeles Times]

* There’s a 5-4 Supreme Court lineup you don’t see too often. [The Volokh Conspiracy / Washington Post]

* The Supreme Court is about to hear two cases on cellphone searches that would ring true with the Founders. [Constitutional Accountability Center]

* Who watches the watchmen? It turns out nobody. This’ll end well. [Reuters]

* A “Real Housewife” is apparently no longer so much a wife. She’s dating a “hot shot” NYC lawyer. [Daily Mail]

* Affirmative action took another hit yesterday. But Professor Brian Fitzpatrick examines whether or not race-neutral affirmative action was really ever working anyway. [SSRN]

* Extensive drug bust announced by publicity-hound D.A. uncovers… well, not all that much. [Slate]

Have you ever made a typo? Have you ever misspelled something in a written document? Have you ever made a factual error? Chances are, if you are white and you made a mistake, the person reading it didn’t notice. Or if they noticed, they made an excuse for you. Don’t worry white folks, minor clerical errors won’t detract from your overall appearance of intelligence and competence.

But if you’re black, prepare to feel like an idiot. A new study shows that when law firm partners read identical memos, the partners who believed the author was white were much more forgiving than the partners who thought the author was black.

Hang on, I need to email this study to David Lat, Bryan Garner, my mom, Matt Levine, and Partner Emeritus, from my fake, white-person, @post.harvard.edu account, so they take it seriously….

double red triangle arrows Continue reading “Proof That Typos Are Racist”

After the Civil War, Robert E. Lee accepted a position as president of what was then called Washington College. By all accounts, he served the school well and had a nice end of life. After his death, Washington College was renamed Washington & Lee.

Today, many black people attend the university that bears Marse Robert’s surname, so I guess we won. But a group of black law students at Washington & Lee Law School is getting really sick of the university’s consistent, stars-and-bars waving support of Lee’s legacy and the whitewashing (no pun intended) of what that legacy represents.

They’ve got a list of some very specific “demands” for the Washington & Lee administration…

double red triangle arrows Continue reading “Wherein Black People Have To Go To School With Confederates”

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