* Let me just say that societies that fully utilize the talents of women have an inherent advantage over the ones that don’t. With one rules change, we now have twice as many potential combat soldiers. Glory. [Daily Beast]
* A “Good Samaritan” gun owner defended a little boy from pit bulls by shooting at the dogs who were mauling the little boy. Look, as a dad, can I just say that if you see some pit bulls attacking my son, please help… by running at the pit bulls and saying, “Git, git away from that boy,” not by shooting a freaking hand cannon towards my child! [Cato @ Liberty / Cato Institute]
* Okay, who has standing to sue for a violation of the 27th Amendment? Who? I want this to happen. Come on, constitutional scholars. Make it happen. Let’s see who really cares about “all” the amendments, not just the ones that allow people to shoot each other. [The Note / ABC News]
I’m trying to figure out whether Lance Armstrong is relieved that Manti Te’o upstaged him this week. On one hand, all of the mean, finger-wagging columns on Lance’s lying, like this typically flatulent effort by Rick Reilly, have been pushed to the second page of the Internet by Te’o's (I’m not entirely sure I’m using the apostrophe correctly here) fake dead girlfriend. Although the internet defies all attempts to ascribe a finite supply of oxygen to any news story, there is a finite amount of attention that can be paid. And even though every news organization has dutifully assigned a writer (or moron) to cover the Lance debacle, no one much cares about it anymore. What happens to a scandal deferred? Does it dry up, like a craisin in this pun?
I think the overshadowing of the Lance Armstrong saga probably doesn’t help Armstrong at all. The vast majority of people who will have opinions about him have already formed them and those who may be swayed by a teary confession in front of Oprah now may not even be paying attention. But that’s all public opinion, which is the least of Lance’s worries at this point. And yet, public opinion is almost exclusively Manti Te’o's (seriously, these apostrophes are bothering me) worry at this point. Almost.
* A Charleston School of Law student leader was arrested for stalking. I’m not sure how else Charleston Law students are supposed to get jobs. [Fitsnews]
* I think this is a very poor reading of the history of the Second Amendment that is making the rounds. Sure, having weapons really helped slaveholders, but that’s not “the reason” the Second Amendment was ratified. The founders had better reasons… reasons that have nothing at all to do with the time we live in, but that’s a different story. [Truthout]
* By the way, you saw that Obama nominated a black lawyer for something, right? Since the Republicans in Congress are so concerned about Obama’s record on diverse appointments, I’m sure Todd Jones will be confirmed super quickly. [Daily Beast]
* Should pet owners be allowed to recover for “sentimental value”? A Texas case might answer that question. I’m looking forward to the companion case in Arkansas where pet owners try to recover from loss of consortium. [Adjunct Law Prof Blog]
* I’d be shocked if this Manti Te’o thing doesn’t end up with somebody suing someone for something. [New York Daily News]
* There’s going to be a law and robots conference at Stanford in April. Because we all know how much robots love law. [The Volokh Conspiracy]
[T]he risk of being hit in the face by a hot dog is not a well-known incidental risk of attending a baseball game.
– Presiding Judge Thomas H. Newton of the Missouri Court of Appeals (Western District), writing for the majority, and noting that a fan cannot be said to have assumed the risk of injury via flying hot dog by attending a baseball game.
(For some background information, in 2009, Kansas City Royals fan John Coomer’s retina was torn and detached after he was hit in the face with a foil-wrapped hot dog that was thrown by the team mascot.)
Bicycle bicycle bicycle
I want to ride my bicycle bicycle bicycle
I want to ride my bicycle
I want to ride my bike
I want to ride my bicycle
I want to ride it where I like
It wasn’t supposed to be like this. Not for Lance. His hemoglobin unnaturally oxygenated, Lance was going to hop on his banana seat and literally ride off into the sunset. He was just going to take his ball and go home. And other jokes about his chosen profession and/or lack of testicles, plural.
Tomorrow, Lance Armstrong appears before our nation’s high priestess of contrition to blubber and wail. Lance Armstrong cheated in a sport that very few people in this country care about. I’ve written about this before. And before that. I have great difficulty ginning up the proper amount of outrage, schadenfreude, or whatever it is you’re supposed to feel when a world class athlete and jerk gets nailed like this.
It’s for this reason that the home stretch of this column will be written by a guest columnist. This writer was well-known for thriving in a sport that, like cycling, was similarly plagued by drug abuse and scandal.
‘If they take my stapler then I’ll set the building on fire…’
* “It’s very hard to copyright a story about an individual growing up in the ghetto and getting involved in crime.” Go Third Circuit, it’s your birthday, we gon’ affirm that like it’s your birthday. [New Jersey Law Journal (reg. req.)]
* I believe you have my stapler? A former Fried Frank staffer has been accused of stealing more than $376K worth of copy machine ink from the firm and selling it on the black market for office supplies. [Am Law Daily]
* Governor Andrew Cuomo nominated Jenny Rivera, a CUNY School of Law professor, to fill a vacant New York Court of Appeals seat. If confirmed, she’ll be the second Hispanic to sit on the court. [New York Law Journal]
* This’ll please the gun nuts: Governor Cuomo’s gun-control bill was passed by the legislature and signed into law, officially making New York the state with the toughest gun restrictions in the nation. [New York Times]
* And this right here is the lawsuit equivalent of half-court heave. A lawyer is suing the San Antonio Spurs because the team’s coach sent all of its best players home to rest without the fans’ prior knowledge. [ESPN]
The Nevada State Athletic Commission will decide the fate of Julio Cesar Chavez Jr. in late February. The 26-year-old Mexican fighter tested positive for marijuana in September after his first professional loss.
I found that on CNNSI’s website. I don’t think it means that Chavez’s entire fate will be decided by the state athletic commission. No mortal can see that far into the future. Just his fate as it pertains to boxing in the state of Nevada. All because Chavez smoked some pot before stepping into the ring to get his head hit a bunch of times. This is our nation on drugs.
When I was younger, I thought pot use made you have really bad acne. Because some magazine article I read featured a kid smoking pot who had really bad acne. Later, I bought into the hype surrounding mentally ill adults and their youthful dabblings in acid. Whoa, their brains must be fried. Last year, I gleefully purchased stock in bath-salts-make-people-eat-face-skin. I’m 33 years old and I honestly don’t know if I’ll ever shake the effects of early childhood mythology and propaganda surrounding drug use, even though I’ve spent much of my life imbibing where and when I see fit.
With the Notre Dame Fighting Irish’s attempt to win their first national championship in a quarter of a century, and at the same time, their attempt to end the Southeastern Conference’s years of dominance of the BCS, I am hoping that this return to glory by a once storied franchise will be accompanied by a return to glory for the storied legal profession.
When I was growing up, most thought of lawyers as highly educated, intelligent, and self-motivated (even to a fault) professionals. Many considered lawyers to be part of the upper echelon of society, and most people also believed that simply being a lawyer would result in a huge, guaranteed payday. And for most of college football history, the Fighting Irish received similarly high praise.
In recent years, however, both the legal profession and the Irish have been held up to strong criticism, and were unable to enjoy the same success people became accustomed to. Even while I was still in law school at my TTT, respected attorneys told me not to worry about the school I was attending, because by the time that I got to my second or third job, no one would care anymore. The little detail that everyone left out was just how much it would matter for that first job — because it’s rough to get to the second or third job when you can’t even find your first, no matter how hard you try.
Going along with the Fighting Irish’s return to the top, here’s a look at a few other things that were once closely associated with the legal profession that are no longer true, but would be welcomed back with open arms….
* After 22 years of dedicated service, William K. Suter, the clerk of the U.S. Supreme Court, will be retiring come August. Now don’t get too excited about that, it’s not really a job you can apply for; you have to be appointed, so keep dreaming. [Blog of Legal Times]
* A Biglaw hat trick of labor deals: if you’re looking for someone to thank for bringing a tentative ending to the management-imposed NHL lock-out, you can definitely reach out to this group of lawyers from Skadden Arps and Proskauer Rose. [Am Law Daily]
* “Thanks for helping us out, but you can go f**k yourself.” AIG, a company that was bailed out by the government, is now considering suing the government with its shareholders. [DealBook / New York Times]
* Apparently there’s such a thing as the “Nick Saban Corporate Compliance Process.” And as we saw from last night’s game, that process involves efficiency, execution, and raping the competition. [Corporate Counsel]
* Guess who’s back in court representing himself in a racketeering trial? None other than Paul Bergrin, “the baddest lawyer in the history of Jersey.” Jury duty for that could be a fun one. [WSJ Law Blog (sub. req.)]
* Too bad last night’s football game between Alabama and Notre Dame wasn’t played by their law schools. In that case, the final score on factors like tuition, enrollment, and employment would’ve been a tie. [HusebyBuzz]
I have careers I want to do after football. Eventually, I want to go to law school. That’s kind of down the road. I don’t actually want to study law. I want to train my mind in law school because I believe that is the most disciplining and cognitive power you can have is law school. I just want to have that training under my belt.
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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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