Bullying

* Congratulations to Tony West on his new gig as general counsel of PepsiCo. It sounds like an exciting and challenging opportunity. Plus, you know, free Mountain Dew. [Politico]

* What the hell? The feds stole a woman’s identity and made it into a Facebook page. Well, now she’s found out and she’s suing. Identity theft was one thing, but the way the DEA Agent kept spamming the woman’s friends to play Candy Crush Saga was just unacceptable. [Buzzfeed]

* Time for some court news: Ninth Circuit joined the chorus in striking down gay marriage bans in Idaho and Nevada. [U.S. Court of Appeals for the Ninth Circuit]

* It’s Nobel Prize time, and one of the winners for Physics has a personal story about how important it is to hire a good lawyer. In fact, it was about $180 million important. [Slate]

* We constantly beat the drum of how law schools need to adjust to reality and stop duping students into terrible financial decisions. But here’s the PR secret that’s kept law schools from, by and large, collapsing: they sell the experience. [Law and More]

* An open letter begging Amal Alamuddin not to quit her day job now that she’s married to some acting guy. [The Careerist]

* New York City paid $50K to settle a lawsuit brought by the family of a child who killed herself after school officials allegedly did nothing despite several warnings that the girl was being brutally bullied. There’s a lot of “in my day…” types who read this site who may not care about bullying, but this is more a question of irresponsibility. If your job is to provide a safe learning environment and you fail, you pay. [DNA Info]

* At oral argument, the Court seemed generally supportive of the Muslim inmate hoping to grow a beard. If this intuition is right, soon individual people may have the same religious rights as corporations! [Supreme Court Brief]

* Finally, thanks to the Rutgers-Newark Law School chapter of the American Constitution Society for hosting a great event today where Elie and I previewed the upcoming SCOTUS Term. My personal highlight was watching Elie’s head explode while talking about Young v. UPS.

Eventually, we will live in a country where we are all victims of bullying. We will all be victims of cyber-bullying or schoolyard bullying or workplace bullying. Then we can all cry about it over a glass of wine and talk about our feelings. And our evolution into France will be complete.

We’re not there yet, but a new study seems like an important data point on our slow decline into perpetual butthurt. Business Insider reports on a Career Builder survey where people in management were more likely to say that they had been bullied at work (27%) than people in entry-level jobs (26%).

Now sure, some of that is just probably due to career length. On your way up to the top (or to the middle, as it were), you probably have had more opportunities to be bullied than a new worker. But, you know, there was a time in this country when the boss wouldn’t bitch and moan about how mean other people have been to him.

That time is evidently over. My God people, you should just check out what some of these people even count as bullying…

double red triangle arrows Continue reading “Stop Bullying The Partners You Work For”

You get objectified and denied all control over your own sexuality. You’re welcome.

* Judge Brian Cogan has ruled that a group of New York Catholic institutions doesn’t have to provide health insurance plans that include birth control coverage to its employees because… insurance policies with provisions that other people may or may not ever invoke is a religious thing. Too bad no one told the Catholic Church in New York, which already pays for insurance that provides birth control coverage and has for years. [Jezebel]

* Judge Richard Leon’s decision ruling the NSA metadata gathering program unconstitutional makes a lot of good points, but perhaps the best is that even if you think there’s a compelling counter-terrorism concern that trumps constitutional safeguards, the NSA just can’t point to it. Of course we’ll all be singing another tune when the Moldovans take over. [Lawyers, Guns & Money]

* Here’s a tale of dealing with a Biglaw bully. I don’t get the concept — being locked in a locker is way better than spending the whole night conforming edits. [Big Law Rebel]

* Elie appeared on the Lawyer 2 Lawyer podcast to discuss drones. [Lawyer 2 Lawyer]

* Eyewitness testimony is often disastrously wrong. Suddenly that “Eyewitness News” title your awful local news channel uses seems really appropriate. [Slate]

* A guide for tech startups and software developers dealing with contracts. I’m looking in your direction, Winklevoss twins. [Alleywatch]

* An IP lawyer makes a rap video. His record may affirm that he knows IP, but I don’t think Death Row is going to be calling any time soon. Video embedded below…

double red triangle arrows Continue reading “Non-Sequiturs: 12.17.13″


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….

double red triangle arrows Continue reading “Does The Law Have to Protect Wusses?”

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…

double red triangle arrows Continue reading “Jonathan Martin, Future Gunner”

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…

double red triangle arrows Continue reading “Anti-Bullying Laws Invoked Because One Football Team Can’t Stop Another Football Team”

* 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….

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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….)

double red triangle arrows Continue reading “Emily Bazelon Makes Stephen Colbert Cry”

* 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]

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