The Richie Incognito v. Jonathan Martin case raises all sorts of questions about race, adult bullying, and workplace discrimination. We already got Juggalo Law’s take on it this morning.
Now the rest of the ATL editors want to take a stab at it. Specifically, let’s discuss whether discrimination laws have just plain gone too far and whether, in any event, the NFL should be subject to the same laws as any other business given its unique character.
Somehow it all ties back to A Few Good Men….
When I was 9 years old, I had a problem with showers. The problem was that I wasn’t taking them. For whatever reason, it fell to my father to explain the ripeness doctrine to his disgusting and smelly son. I remember the lecture going something like this:
When I was in the Marines, there was one guy who didn’t bathe. After weeks spent humping heavy packs from here to kingdom come, I probably don’t need to tell you how awful a man can get to smelling. We were all 18 and 19 and 20 and not one of us had impeccable hygiene. But the bare minimum we can ask of each other as men, son, is to bathe on a daily basis. What I guess I’m trying to say is that no man is an island. His actions have consequences and this man’s actions led to serious consequences, not the least of which was an odor redolent of hot garbage. Do you understand what I’m saying? Why you need to shower?
“So did that guy ever start showering?”
Sure. But first, we had to throw a blanket over his head and beat the #*$% out of him.
This week, Jonathan Martin attempted to become the heavyweight champion of bullying victims. In the process, macho culture, a sort of blithe racism, violence, workplace norms, and Harvard Law School were put on trial. In Japan, their endomorphs square off in a dohyō. Here, they square off via media leak, tweet, and scores of lawyers.
Let’s talk sports…
Nobody wants to take my side when I say that humiliation should not make you legally culpable for somebody else’s suicide, but I hope we’re all starting to see the dangers of letting these anti-bullying laws (and the scared parents who support them) go unchecked and unopposed. As seen around the internet, a Texas high school football team is being investigated for “bullying” another team that it beat 91-0.
That’s right folks, one parent thinks that running up the score in high school football could be bullying. I bet that parent is also pissed off that little Johnny didn’t get a participation trophy for being on the losing side of a 91-0 score. There are any number of valuable lessons children can learn from a total defeat. These include: getting back on the horse after getting knocked down, the value of a lost cause, hell, even learning when to quit because you are completely outmatched and might hurt yourself is a useful lesson in cultures that value living to fight another day.
But no, this parent wants the kid to learn that even when you get the snot kicked out of you, fair-and square, you should still figure out if there’s anybody you can whine and complain to because the mean boys didn’t let you have a touchdown.
Since this is Texas, I’m forced to blame Ted Cruz: obviously his sore loser approach to national politics is starting to affect his constituents…
* Saudi Arabia may soon end beheadings because they’re running out of swordsmen. Poor Ned Stark… if he’d just held out a little longer. [Lowering the Bar]
* Professor Richard Epstein held an AMA (“Ask Me Anything” if you’re behind on the modern lingo of the Interwebs) on Reddit this morning. Mercifully, “Boxers of Briefs?” wasn’t asked. [Reddit]
* It may have taken awhile for Steubenville, Ohio to get its priorities straight, but Attorney General Mike DeWine is finally saying the right things, “Let me be clear. Threatening a teenage rape victim will not be tolerated. If anyone makes a threat verbally or via the Internet, we will take it seriously, we will find you, and we will arrest you.” [Jezebel]
* Is the legal industry ready to seize the future? [Adam Smith, Esq.]
* If you have any questions you’d like to see addressed by our crack advice team at Pls Hndle Thx, send them to advice@abovethelaw.com. [Above the Law]
* David Bernstein posted this clever video about Passover to the tune of Bohemian Rhapsody over at Volokh Conspiracy. You can watch it after the jump….
So I’ve thought about this a lot….
–Emily Bazelon, senior editor at Slate and author of Sticks and Stones: Defeating the Culture of Bullying and Rediscovering the Power of Character and Empathy (affiliate link), responding to Stephen Colbert’s query, “Do you think I’m a bully?” The exchange brought Colbert to tears.
(Full video of the interview, after the jump….)
* DC Comics didn’t take kindly to a garage selling replica Batmobiles without permission. A federal court agreed. But if we outlaw Batmobiles, only outlaws will have Batmobiles! [Comic Book Resources]
* Mistrial in Philadelphia after the witness lost (part of) his head on the witness stand. [Philly.com]
* Taser or Lightsaber? I never thought that would be a serious question. [Legal Juice]
* A quick refresher from that “Law and the Vatican” course you took as a 3L. [WSJ Law Blog]
* A compilation of some bad courtroom (and quasi-courtroom) behavior including our friend from last week, Penelope Soto. [LOL and Smile]
* The Bratz case is so totally over. The result? A whole lot of nothing — much like the Bratz movie. [The Recorder]
* Shorter version of this article: Morpheus explaining, “But when you’re inside, you look around, what do you see?…The very minds of the [nice legal academics] we are trying to save. But until we do, these [law professors] are still a part of that system and that makes them our enemy.” [Inside the Law School Scam]
* New Mexico is considering a new law against bullying — but does it go too far? Does it? Answer me, you little wuss! [Volokh Conspiracy]
* George Washington University has been stripped of its U.S. News college ranking. The law school appears safe. [Tax Prof Blog]
* Now students can get in trouble for bullying their teachers. Teachers, people! TEACHERS CAN’T STAND UP TO THE MEAN SCHOOL KIDS WITHOUT A LAWSUIT. [Volokh Conspiracy]
* Just to be clear, Antonin Scalia would not be on the side of the secessionists. [New York Personal Injury Law Blog]
* So the accuser of Kevin Clash, voice of Elmo, recanted and said that he was a consenting adult when he was with Clash. It’s great to know that Elmo is getting barely legal ass. [Huffington Post]
* FCPA! Guidance! This is WAY MORE INTERESTING than Petraeus and the Kelley sisters. [WSJ Law Blog]
* For those of you who saw Capturing the Friedmans, here’s an update on the ongoing proceedings. [WiseLawNY]
The Eighth Circuit recently backed a Missouri High School in a bullying case against students. Lee’s Summit North High School suspended two boys who created a website to “discuss, satirize, and vent” about their classmates. Apparently the website made sexist and racist comments about some of the other students.
Ooohh. I am shocked, SHOCKED to find out that schoolboys make sexist and racist comments about their classmates.
The boys had filed for a preliminary injunction that would stay their 180-day suspension, which was granted by a lower court. But the Eighth Circuit denied the injunction on the grounds that the boys’ website was unlikely to be viewed as protected speech. That’s because their speech caused a “substantial disruption” to the educational environment at the school.
What was the nature of the disruption? Apparently two teachers described the day that the website went viral within the school as the “most disruptive day they had experienced in their careers.”
So, for those playing along at home, your right to protected speech ends approximately at the point that public school teachers can’t establish classroom order over a cacophony of “OMG, did U C this” texts, or something….
* Are associates or partners more maniacally stressed out? Science helps us answer the age-old question. [The Careerist]
* What does it take to land a Supreme Court clerkship? Luck, reputation, and a helluva lot of patience. [ABA Journal and Supreme Ambitions]
* And what should SCOTUS clerks do after they finish at One First Street if they want to make the most money? The answer may surprise you. [Breaking Views]
* As the NFL faces all those concussion lawsuits, America’s other professional football league (yes, the United Football League does exist) is getting sued… for not paying its players. [Forbes]
* An HLS student pleaded not guilty to sexual assault. What is it with all the Harvard Law folks allegedly causing trouble this week? Next thing you know, some Harvard Law grad is going to threaten to murder Big Bird. [Harvard Crimson]
* A veteran is suing the government over his frostbitten penis, which had to be “partially amputated.” Not only is that the second-worst thing I’ve ever heard, it doesn’t even really make sense. [ABC15]
* An ex-law student explains why she quit just a few weeks into the semester. Why? Bullying and backstabbing. Hmmm. That sounds familiar. [A Nerd Girl's Perspective]
* Delaware Bar Exam results are out. Congratulations to everyone who passed! [Delaware State Courts]
Jennifer Livingston
Over the past few days, everyone has been talking about Jennifer Livingston, the Wisconsin morning news anchor who responded on the air to a male viewer’s email about her weight. In his letter, the male viewer told Livingston that she wasn’t a “suitable example” for young people because of her physical appearance. Her courageous counterpoint went viral, and ever since, she’s been making her rounds on the TV talk show circuit to address what she thinks is the root of the problem, and why people think letters like this are acceptable: bullying.
Now, you may be asking yourself why I chose to write about this today. To be honest, when I first watched Livingston’s video on Tuesday night, I really had no intention to do so. I thought that she was a very strong woman who chose to stand up for herself, and really, for all overweight people, but that her four-minute segment didn’t need to be addressed here at Above the Law. (Not even after being asked in the comments yesterday whether I thought I was a “good role model,” an obvious jab about my own weight.)
But then I found out a little more about the man who emailed Livingston to criticize her weight. As it turns out, he’s a lawyer….
Continue reading “Overweight TV Anchor Takes Lawyer To Task On The Air; Lawyer Doesn’t Give A Damn”
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
Keep reading » »
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: asia@kinneyrecruiting.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
Keep reading »
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
Keep reading »
The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history. ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers all over the world. Check it out today!
