* Judges on the Third Circuit bench must really ♥ boobies. Breast cancer awareness bracelets can’t be banned by public schools if they aren’t lewd and if they comment on social issues. [Legal Intelligencer]
* A bevy of Biglaw firms were involved as advisers in the sale of the Boston Globe, Newsweek, and the Washington Post, including Cleary Gottlieb, Cravath, and Morgan Lewis, among others. [Am Law Daily]
* After surviving a motion for disqualification, Quinn Emanuel will continue to represent Snapchat. A short video of John Quinn laughing his ass off will be available for the next 10 seconds. [TechCrunch]
* Alex Rodriguez, the only MLB player who will be appealing his drug-related suspension, has hired Reed Smith and Gordon & Rees to hit it out of the park during arbitration proceedings. [Am Law Daily]
* Don’t say we never did you any favors: Here are the top 5 mistakes new in-house counsel make from the perspective of outside counsel. Take a look before you make them yourselves. [Texas Lawyer]
* We saw this coming back in June (seventh item), but now it’s official. Prenda Law has dissolved after posting six figures in bonds for various ethical sanctions. Next step, bankruptcy? [National Law Journal]
* A DWI attorney shows up to court drunk. Kicker? He was in the wrong courtroom. Still, the best way to defend a client is to stumble a mile in their shoes. [KRQE]
* A sitting appellate judge shares his poetic stylings. [Law Poetry]
* Here’s a brutally honest letter from a hypothetical senior Biglaw partner to a new associate. Since this week established that we need to point this out, this is a satirical letter. [Associate's Mind]
Ed. note: We are having an Above the Law retreat this afternoon, so we may be less prolific than usual today. We will return to our regularly scheduled programming tomorrow.
* “I think I am now the hardest-working justice. I wasn’t until David Souter left us.” Justice Ginsburg celebrates her twentieth year on the high bench in true diva style. [USA Today]
* Sorry, EA, the Ninth Circuit thought your First Amendment free expression defense to allegedly stealing college sports players’ likenesses was a load of hooey. [Wall Street Journal]
* “It’s a decision that clearly favors the merchants.” A federal judge gave the Fed a spanking in a ruling on its cap for debit card fees earned by banks after consumer swipes. [DealBook / New York Times]
* The firm that outed J.K. Rowling as author of “The Cuckoo’s Calling” will make a charitable donation as an apology — getting the book to the bestseller’s list wasn’t charitable enough. [New York Times]
* As the bar exam draws to a close today, here’s something to consider: 12,250 people signed up to take the test in New York alone. Are there jobs out there for them? Best of luck! [New York Law Journal]
* Cleveland kidnapper Ariel Castro is expected to speak at his sentencing hearing today, where a judge will decide if a term of life in prison plus 1,000 years is appropriate punishment for him. [CBS News]
Dwyane Wade with his new girlfriend (ex-wife not pictured).
Love and marriage, love and marriage,
Go together like a horse and carriage.
This I tell ya, brother, you can’t have one without the other.
Less than a mile from the Buckingham Fountain, a woman plopped her butt down on the pavement, arranged her various cardboard signs and proceeded to hold court. Sitting mere feet away from a man who blows a loud whistle and holds signs accusing the FBI of rape and Obama of… something, the woman’s protest wouldn’t have registered here in Chicago if it weren’t for one thing: the woman was Dwyane Wade’s ex-wife.
A woman I work with announced it rather blithely Friday afternoon. “Dwyane Wade’s ex-wife is across the street protesting something about money.” Those of us who care deeply about basketball and freakshows and anything that will distract us from our awful jobs immediately ran to the window. And there she was (picture after the jump).
Siovaughn Funches was Dwyane Wade’s high school sweetheart. I imagine she had lived a fairytale life as her young beau climbed the rungs of basketball success and made his way to untold millions. Or maybe not. I can’t say I know exactly what Siovaughn Funches thought about her marriage. What I can say is that Siovaughn Funches sat on the ground and showed how powerless the law can be when it comes face-to-face with profound mental unbalance.
What if I told you Siovaughn Funches wasn’t the craziest story involving a basketball player’s love life this week? What if I told you about an abortion contract? Is that something you might be interested in?
* As discussed yesterday, the sequestration is doing a number on the federal defenders. Here’s a petition to save them. [PrawfsBlawg]
* The police are enforcing Yelp reviews now? I guess Google is really pushing them. [Popehat]
* After broadcasting offensive, fake names for the Asiana crash pilots, KTVU is trying to delete the evidence through copyright claims. [Mother Jones]
* USC is the subject of a federal investigation for systematically failing to investigate rape allegations. “A DPS detective told one student that the campus police determined that no rape occurred in her case because her alleged assailant did not orgasm.” In fairness, you can’t feel anything with Trojans. Seriously though, when did USC become Dubai? [Jezebel]
* Sorry, ladies — the Duchess of Cambridge gave birth to a baby boy. Unlikely to be named “Joffrey.” [Fashionista]
* The PAC-12 is trying to block a for-profit university from joining Division I athletics. Hear hear. Division I athletics is for making millions exploiting an unpaid labor force and is no place for something as crass as a for-profit school. [Sports Illustrated]
* Professor Kyle Graham wonders: Do judges have slumps? [noncuratlex]
* If you’re fed up with the law, consider being a trophy wife! [The Careerist]
* For those high school graduates who already know they want to be lawyers, Denver Law has a joint Bachelor’s/J.D. program. So what’s the angle here? Locking undergrads into DU Law years in advance, or protecting DU’s LSAT median by filling the class with students who don’t take the LSAT? [University of Denver Law School]
* Sheikh Mohammed bin Rashid Al Maktoum of Dubai has pardoned a Norwegian woman who had been sentenced to prison for the transgression of being raped. Remember, Dubai is the relatively forward-thinking country in the region. [CNN]
* Justice Kagan can get a little snarky, can’t she? [Dorf on Law]
* Trevor Faure of Ernst & Young explains how a variety of market forces have placed law firms and their clients in an almost adversarial setting. Video after the jump….
There have been a couple of major developments this week in the ongoing lawsuit that pits Ed O’Bannon, and a group of other former college athletes, against the NCAA, Electronic Arts, and the Collegiate Licensing Company. If you are not familiar with O’Bannon v. NCAA, Sports Illustrated has a good primer. O’Bannon is suing the NCAA for antitrust violations stemming from the NCAA’s alleged licensing of players’ likenesses.
The NCAA has been operating with impunity, profiting on the backs of an unpaid labor force, for decades. I cannot think of a worse organization in the country right now, and you know I don’t say that idly: not the ABA, not Sallie Mae, not the Catholic Church. No organization seems more dedicated to directly profiteering off of young people without providing for their best interests as the NCAA.
But finally, the law might step in and stop this very powerful organization from taking complete advantage of their “student-athletes”….
This world is absolutely crawling with DUI attorneys. You wouldn’t know it to look at this website, but it’s fairly clear out here in Amurrica that DUI attorneys outnumber other attorneys by at least a seventeen or eighteen-to-one margin. If you don’t believe me, perhaps you’ll believe Google? A search for “DUI attorney” returns over 27 million hits. Whereas a search for “clown gingivitis” only returns 638,000. So yeah, there are a ton of DUI attorneys in this world.
If you’re wondering why I’m wasting your time and mine on hilarious Google searches, it’s because this is the week that sports figures decided to get all sorts of liquored-up and go on joyrides. Well, this is the week I decided to write about sports figures getting all sorts of liquored-up and going on joyrides. Because, truthfully, athletes and those who employ them have a long history of drunk driving. I refer you to my first paragraph. Those lawyers didn’t multiply like wet Gremlins because work was hard to come by. Indeed, drunk driving is a crime that is enjoyed by a wide swath of Americans, from a young me to a slightly older me to those who aren’t even me. Now, this is not to downplay the seriousness of the crime. It’s a terribly reckless thing to do and it should be punished harshly.
* Ed O’Bannon asks the NCAA to agree in writing not to retaliate against any current athlete that joins his lawsuit against the organization. How sad is it that a non-profit organization committed to helping students needs to be reminded not to retaliate against students? In other news, NCAA Football 14 (affiliate link) came out today. [USA Today]
* More SCOTUS Term analysis. Tom Goldstein, Adam Liptak, and Jess Bravin have been invited to explain to the Heritage Foundation what an awesome term it had. [Heritage]
* The Shelby County decision completely lacks any foundation for the argument that the Voting Rights Act violates the Constitution. Yeah, but besides that… [Lawyers, Guns & Money]
* What is wrong with soccer fans? Referee stabs player and then ends up like Ned Stark. [Legal Juice]
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