My dear sweet girlfriend Stephanie doesn’t understand sports. To nothing and no one in particular, she will say “How can anyone get upset over the results of a game?” I mentally catalog my responses. That it’s a shared culture and every result arrives like a cascade of memories, connecting fathers and sons and entire families. Place and time all wrapped up and held within a blowout victory or a narrow loss. I get frustrated. I realize that she could never understand this compulsion. I would have better luck explaining what the color blue is. Words fail me as this column attests to on a semi-weekly basis. And my mind instinctively reaches for every illogical thing she does, from the interminably long morning routine to the row of bras, neatly displayed on a table in her living room. Explain the bras, Stephanie! If you’re such a cold, calculating machine, explain the terrifyingly ordered row of bras on the table!
This all happens in the span of fifteen seconds. And at the end of the psychic meltdown, I look over and see Stephanie staring off into space, not caring about sports or even those who care about sports. She doesn’t care about the question or the answer, I realize.
My dear sweet girlfriend Stephanie trolls me on a regular basis.
* Roger Ebert has died at the age of 70. A great critic (his audio commentary track on the Citizen Kane DVD is amazing), whose work with the late Gene Siskel basically defined film criticism for a generation. At least now we know how we will be judged when we die — a simple thumbs up, thumbs down from Gene and Roger. [Chicago Sun-Times]
* Exploring the link between baseball’s antitrust exemption and Roe v. Wade. It’s more than just saying the Royals are an abortion of a team. [Concurring Opinions]
* “Bring me the head of the person who did this”: the best closing to a C & D letter ever. [Popehat]
* A Rutgers-Camden 3L breaks down the looming sh*tstorm at Rutgers over basketball coach Mike Rice’s treatment of players. [The Legal Blitz]
* If you’ve pulled off a successful robbery, don’t taunt the victim from a traceable phone. I mean, act like you’ve been there before, man. [Legal Juice]
* It is a little funny to say that a city is looking for weaker swimmers to serve as lifeguards, but ultimately this represents the simplistic nature of the anti-affirmative-action argument: no one is saying lifeguards shouldn’t be qualified, just that a system that only privileges a strong swimming résumé will always result in affluent white kids with 10 years of swim classes getting these jobs. [Volokh Conspiracy]
* Lawyers are often jerks, but this is a new twist. Help out a lawyer trying to make it in the small-batch, artisan jerky business.[Kickstarter]
* Maybe there aren’t actual Commies at Harvard Law School, but the ratio of liberals to conservatives/libertarians on the faculty is still extremely high. [Nick Rosenkranz]
Ed. note: This is the latest installment in a series from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” takes a thoughtful look at recruiting, career paths, professional development, human capital, and related issues. Some of these pieces have previously appeared, in slightly different form, on AdamSmithEsq.com.
I don’t know about you, but I find talent markets fascinating. They have several characteristics that make them quite distinctive from regular old goods and services markets:
Talent is extremely heterogeneous; it’s not as if there’s another Honda Accord where that one came from.
Talent is what economists call both “excludable” and “rivalrous,” meaning that if I hire you Suzie can’t hire you at the same time. (Knowledge is the classic non-rivalrous and non-excludable good; everyone can know the same thing at the same time without its impairing anyone else’s knowledge of that same thing, and without shutting off anyone else’s access to it.)
Talent is notoriously difficult to judge in advance, without actually experiencing it, that is to say, without actually hiring the individual and putting them to work in your organization. Some other markets approach this condition of “ignorance until purchased,” such as attending performing arts events or taking a vacation to a previously unknown locale, but the stakes tend to be much higher for all parties concerned in talent markets.
Once talent is hired, it’s stickier than most other purchases. You can walk out of the movie theater or reconfigure your travel plans, but once you hire someone, short of felonious or otherwise appalling behavior, you’re stuck with them for a decent interval.
All this leads to a number of devices and stratagems that attempt to mitigate uncertainty and delay serious resource commitments until some firsthand evaluation can be performed.
* It’s amazing that sports betting is not legal in New Jersey. What possible moral wackadoodle says that it’s okay to have something like the Jersey Shore (the place, not just the TV show), but you can’t take Michigan to out-shoot the Syracuse zone and then break Louisville’s legs. [Legal Blitz]
* Cloud tools for lawyers. Or as partners understand them: “Newfangled virtual file cabinets.” [Smart File Blog]
* Pro se prisoner wins! He probably wouldn’t have had he consulted a lawyer. [Simple Justice]
Here at Above the Law, we write about career alternatives for attorneys from time to time, but it’s been a while since we last brought our readers an exciting story about extracurricular activities for attorneys. That being the case, here’s a little fun fact for you: many of the female members of this fine profession have, at one point or another in their lives, been on cheerleading squads.
Whether you’re a law student or a Supreme Court justice (yes, RBG once shook her pom-poms on the field), moonlighting as a cheerleader has its perks. What better way to learn how to BE AGGRESSIVE! B-E AGGRESSIVE! B-E A-G-G-R-E-S-S-I-V-E! in the courtroom?
Today’s legal cheerleader has an impressive rack résumé: she used to work in Biglaw, she’s now working as an ADA, and most importantly, she moonlights as a cheerleader for the Atlanta Falcons. Wouldn’t you like to have a lovely litigatrix like her on your side?
Let’s take a look at her cheerleading bio and, because this post would be WWOP, some photos of this gorgeous glamazon….
* An anonymous Twitter account wreaks havoc on UK law students. One Tweet: “#LawTips: edit the Wikipedia page after copying it to avoid plagiarism.” Here’s a pro tip: if you’re copying Wikipedia for law school, you’re doing it wrong. [Legal Cheek]
* How out of control is tuition? At 26 law schools, recent graduates with $160,000 in annual income are STILL eligible for the federal IBR program intended to relieve the debt burden on impoverished students. [Constitutional Daily]
* You’d think the Republicans would be all for funding scientific endeavors to prove that rape victims in the animal kingdom “have ways of shutting that down.” [Jezebel]
* UNLV Law Dean Nancy Rapoport takes issue with Professor Derek Muller’s ranking of “Career Baristas” out of law school. If there was one dean who was going to know the statistical angles, it was going to be the one in Las Vegas. [UNLV Law Blog]
* Ever wanted to watch video of the folks from Lawyers, Guns & Money discussing Game of Thrones? Sure you have! And that’s why we invented jumps…
* Illinois rules that young people’s tweets are not statements of fact. Are you suggesting people aren’t really rolling on the floor laughing? [IT-Lex]
* One Manhattan financial firm thinks Ally McBeal’s unisex bathroom is a good idea. Or they’re sexist dicks. One or the other. [Jezebel]
* The owner of the Boston Bruins is completely terrible, placing a small, but wealthy town in the middle of litigation costing hundreds of thousands of dollars… all so he can promote horse dancing. What is it with Massachusetts people and dressage? [SB Nation]
* Shoplifter busted with earrings swallows the evidence, but is ultimately foiled by Marie Curie. [Legal Juice]
* GULC students protest standards of review outside the Supreme Court, an important and overlooked issue. But it’s also throwing down the biggest legal dorks gauntlet to other law schools. [DCist]
* And as the legal world parses the transcripts of a big day for the Supreme Court, we also lament the loss of the man who basically created Supreme Court coverage. R.I.P. Anthony Lewis, sometimes called the “Tenth Justice.” [New Yorker]
I’m currently watching the NCAA tournament (Elie Note: I went to school in Boston, well, not IN Boston!) and absentmindedly typed an entire introduction for a post based on the paternity suit filed against Michael Jordan. To give you a peek behind the creative curtain, I started with a Smiths quote (“I am the son, and the heir…”), discussed the Sports Illustrated article that gave us Shawn Kemp’s three dozen children, and managed to even cobble together a joke that traveled from Heir Jordan to Herr Jordan to Michael Jordan’s Hitler mustache. I was particularly proud of that one.
Well, wouldn’t you know it, but that very lawsuit was covered at length by our own Staci Zaretsky a few weeks ago. At any rate, the lawsuit against Jordan was dismissed this week but you wouldn’t and shouldn’t care about any of that. Seriously, though, that introduction was dope as hell.
So I’m currently watching the NCAA tournament. I might have mentioned this. And if you think that I’ll be able to focus on this post about the intersection of sports and law and whatever else I care to mention (The Smiths!), you’re a stone cold dummy. So as a testament to your humble sports columnist’s devotion to, well, sports, this week’s offering will be a bit more scattershot and blessedly short.
VCU-Akron just tipped and Akron looks scared. Let’s talk sports…
* I’ve got a feeling “Bart Simpson” isn’t going to get a fair trial from this judge. [Lowering the Bar]
* The Supreme Court strikes a blow for copyright sanity by telling publishers that they can’t go after people reselling books published overseas. Now the only incentives to move your publishing operation overseas are the cents per hour wages and the lax health and safety standards. [Volokh Conspiracy]
* The only way to stop a bad guy with a gun is… the same bad guy with a gun. [Legal Juice]
* Following up yesterday’s link to Professor Richard Epstein’s AMA, Ken White of Popehat exposed himself to the same onslaught. [Reddit]
* About 11 years too late, the NFL rescinded its ridiculous “Tuck Rule,” which was always hard to understand, but basically ruled that an otherwise obvious fumble allowed the player to ditch his actress baby momma and marry a Victoria’s Secret model. [USA Today]
* This guy is VERY specific about what gigs he’s willing to play. And he’s also, apparently, a registered sex offender. [Lawyers, Guns & Money]
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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