Concussions

An angry God is one without a line of credit.

* “[T]he one thing Windsor does not do is clearly establish a nationalized definition of marriage.” No one will be surprised when the same-sex marriage cases wind up before the Supreme Court. [National Law Journal]

* Law firm mergers continue to hum along at a record pace, but whether they’ll actually work out is another question entirely. Only time will tell if we’ll see another “spectacular flameout.” [Wall Street Journal (sub. req.)]

* “The billable hour’s day has passed.” Eighty percent of law firm leaders believe hourly billing may soon be going the way of the dodo in favor of alternative billing arrangements. [Capital Business / Washington Post]

* Despite its anti-gay policies, Trinity Western University Law has been granted approval from the Law Society of British Columbia to open its doors. And here we thought Canadians were supposed to be polite. [GlobalPost]

* If you want to take an “Law and _____” class, sign up for Law and Traumatic Brain Injuries at GW Law. Having a TBI yourself seems like a requirement for enrollment, but shockingly, it’s not. [New York Times]

* Times are so rough that God can’t even get a credit card. Instead of casting plagues upon the earth, he’s suing Equifax — though we’re sure he wouldn’t mind if the credit agency reps caught lice. [New York Post]

The National Football League has sort of, kind of, not really addressed its concussion problem by paying former players a pittance and then doing absolutely nothing about the culture of the sport. I guess that’s not totally true. The Denver Broncos went out of their way not to hit anybody during the Super Bowl.

Meanwhile, Hockey — Canada’s pastime and America’s after thought — has largely escaped scrutiny. It’s not that people overlook the violence in the sport, it’s just people mistake the occasional fisticuffs for the most extreme “violence” in the sport. As opposed to plays like, say, this. As you watch that guy leveled and smashing head first into the ice, remember that unlike football, these people by and large didn’t wear helmets until the 80s.

One concussion lawsuit was filed back in November. That one was boringly straight-forward.

Now comes a second lawsuit sprinkled with errors and crazy talk. Perhaps it’s a performance art piece on the horrors of concussions.

Let’s check out the 5 craziest takeaways from the new NHL suit….

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Katherine Heigl

* A three-judge panel of the Tenth Circuit seemed a bit torn as to the constitutionality of Utah’s same-sex marriage ban during oral arguments yesterday. This one could be a contender to go all the way to the Supremes. [New York Times]

* Another concussion lawsuit has been filed against the National Hockey League by a group of former players, this time alleging a culture of “extreme violence.” The pleadings are a bit… odd. We’ll have more on this later today. [Bloomberg]

* “We’re not going back to 2006 anytime soon,” says NALP executive director Jim Leipold. The legal sector lost lots of jobs in the recession, and they’re not likely to come back. Happy Friday! [National Law Journal]

* It’s never too soon to start writing your law school application essay. Please try not to bore the admissions officers — make sure you have a “compelling” topic. [Law Admissions Lowdown / U.S. News]

* Katherine Heigl (remember her?) probably needed some cash, so she filed a $6M lawsuit against Duane Reade for posting a picture of her carrying one of the drugstore’s bags on Twitter. [Hollywood Reporter]


* Let’s hit some lingering holiday stories that came in after we went off the air on Tuesday. Think of it as your Christmas hangover. First up, ‘Twas the Night Before Christmas, reimagined as a lesson on pregnancy discrimination. [Bolek Besser Glesius]

* On a related note, here’s a nice chart comparing the original poem with the legalese version created by Dezert-Rose. [TaxProf Blog]

* Well, that’s one thing you can do with law reporters in the age of Westlaw and Lexis. [Legal Cheek]

* Isn’t it really nice of prosecutors when they actually try to fulfill their constitutional obligations? [Katz Justice]

* A life lesson for these thieves: there’s no such thing as a Christmas tree that doesn’t shed. [Legal Juice]

* The lawyers supposedly told NFL players they would not be taking any of the concussion settlement money. There’s a lesson to be had here about how you shouldn’t trust lawyers. [Overlawyered]

* Professor Nancy Leong went on Ashley Madison with a “white” profile and an “Asian” profile. The Asian profile got more hits. Is this interesting? Sure. Is this the sort of academic work worth charging law students $180K to support? Not so much. [Lawyers, Guns & Money]

* Fine Print as “Surrealist Masterpiece.” Because sometimes you need legal analysis involving Foucault. [Concurring Opinions]

* Speaking of fine print, the story behind an attack ad in Virginia is all about fine print. Virginia AG Ken Cuccinelli is running an attack ad against Terry McAuliffe connecting him to the collapse of Global Crossing. The problem is the former Global Crossing workers in the ad thought they were talking to a documentary film crew about the company, not making an ad attacking McAuliffe. Should have read that waiver form more closely! [Mother Jones]

* JPMorgan Chase is dropping out of the student loan business. Must be getting too difficult to package likely defaults into some kind of billion-dollar derivative these days. [American Banker]

* A New York attorney candidly tells the world that dealing with his kids “is not my problem” because he has a long-suffering wife for that job. See conservatives, gay marriage hasn’t destroyed all the traditional families. [Dealbreaker]

* More analysis on the legality of intervention in Syria under international law. Welcome to the art of writing listicles, Lawfare! [Lawfare]

* A Q&A with Ignatius Grande of Hughes Hubbard & Reed on the importance of Twitter for clients and law firms. Intriguingly, Hughes Hubbard doesn’t have an active Twitter account. What gives? [Commercial Litigation Insider]

* The NFL’s concussion settlement wasn’t just about screwing over the former players, but about the NFL covering up its business practices. But who cares, KICKOFF TONIGHT Y’ALL! [Grantland]

* We’re not saying you should drop out of school, but if you do, try to make it like these people. Video embedded after the jump. [Bloomberg via YouTube]

double red triangle arrows Continue reading “Non-Sequiturs: 09.05.13″

Bet you can still get through that thing to someone’s brain.

Jefferson, are you injured or are you hurt?–James Caan, The Program

Yossarian was moved very deeply by the absolute simplicity of this clause of Catch-22 and let out a respectful whistle.–Joseph Heller

A few years ago, ESPN’s Monday Night Countdown used to do this bit where their assorted chuckleheads would sit around reviewing the biggest hits the NFL’s weekend action had to offer. At the soaring crescendo of each smash, one of the giggling ninnies would shout “You got JACKED UP!!!” And everyone would dissolve into further paroxysms of laughter.

I’m not going to tell you that I knew what was being displayed on the TV was morally reprehensible back then. Quite frankly, I’ve never been on the vanguard of moral consciousness. I was recently shocked to find out that beating your pets is not only frowned upon, but deeply taboo in almost every social circle. This late life come-to-Jesus moment does nothing for Rascal, who’s still smarting over my intemperate outbursts.

The point, if there is one, is that the arc of the moral universe seems to be about as long as my patience with animals. Everyone I know is getting gay married these days, weed is damn near legal, and slobberknocking hits are now, if not wholly condemned, quietly enjoyed in the privacy of one’s home (like samizdat or BBW porn). Strange days, indeed.

Yesterday, the NFL settled a major lawsuit filed against it by former players who claimed the league had failed to protect its players in the face of mounting evidence that concussions were making them permanently stupid or crippled or sad or worse.

Let’s talk which side got JACKED UP.

Let’s talk sports…

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* The NFL has reached a $765 million settlement with the over 4,500 retired concussion victims whose injuries paved the way for the league’s success. [Sports Illustrated]

* Dennis Rodman confidante Kim Jong-un had his ex-girlfriend executed on pornography charges. Kind of puts the whole “revenge porn” thing in perspective. [The Telegraph]

* A lawsuit against Curt Schilling, based on allegations that he deceived the state into giving his company $75 million, will go forward. Like most conservative Republicans, Schilling saw no problem with taking millions in handouts from the government so long as poor people don’t get $4.50 a day for food. [Comcast SportsNet]

* Judge Mark Bennett (N.D. Iowa) ripped the Department of Justice for creating massive drug sentencing disparities because the DOJ went years without a policy for when prosecutors should double the prison time for repeat offenders. In Northern Iowa, that’s a LOT of meth heads in prison. [Des Moines Register]

* Attorneys for the Governor of Pennsylvania equate gay marriage to letting 12-year-olds marry. Just because a demographic calls everything “gay” doesn’t make them gay. [ABA Journal]

* Study shows academics use lots of adjectives and adverbs. This is really a very terrific and awesome study. [TaxProf Blog]

* Polygraphs are inadmissible, but remember invisible jets are A-OK. [Texts from Superheroes]

* REMINDER: OK NYU, Columbia, Fordham, Cardozo, and NYLS students! It’s time to send nominations to us for where you want us to go on the Great Above the Law/Kaplan Bar Review Bar Crawl. Send bar nominations to tips@abovethelaw.com, subject: “Bar Crawl.” See you on September 18th! [Above the Law]