* McCutcheon will usher in even more campaign finance excess, but could alleviate gridlock. Plutocracies are efficient! [Election Law Blog]
* Hold the phone! Coerced confessions aren’t admissible? Next thing you’ll tell us is waterboarding is illegal. Thanks Obama. [New York Law Journal]
* Juror who couldn’t stop using Facebook didn’t cause a mistrial because he didn’t post any details about the case. In other news, he really needs a goat in FarmVille you guys, so if anyone can hook him up, that’d be great. (Alternative heading for this one: “11 Angry Men, 1 ‘Likes This’”) [IT-Lex]
* Disbarred lawyer mistakenly allowed to serve as a judge. But only for about 16 years, so it’s all cool. [Washington City Paper]
* “The first thing we do, let’s kill all the [Baby Boomer] lawyers.” [Law and More]
* A California lawsuit argues that pro-teacher policies in the state are hurting education. The defendants point to the fact that California’s educational administration and funding in the state is best described as a “sh*tshow.” Experts are fighting it out with some novel metrics. [The Expert Institute]
* * Elie talks about the new ad for cameras in the Supreme Court and the EPA’s power to regulate greenhouse gases on Legalese It! with Mike Sacks. Video embedded below… [Huffington Post Live]
* Judge Richard Leon’s decision in the NSA surveillance case is ripe for review by the D.C. Circuit, and given the court’s new make-up, we could see a very interesting result. Oh, to be an NSA agent listening in on those calls. [National Law Journal]
* With seven business days left until 2014, law firms all around the country are still desperately trying to get paid. Lawyers are working hard for the money — 83.5 cents to the dollar — so you better treat them right. [Wall Street Journal (sub. req.)]
* Who you gonna call? Your local bankruptcy attorney. Alston & Bird, currently housed in Heller’s old digs in Silicon Valley, will head to a new office whose former occupants include Dewey, and Howrey, and Brobeck, oh my! [Am Law Daily]
* Four were arrested in the tragic murder of attorney Dustin Friedland, and each is being held on $2 million bond. One of the alleged assailants has a history of putting guns to other people’s heads. [NJ Star-Ledger]
* “I think it would be wise for the NCAA to settle this now.” Thanks to the Ed O’Bannon lawsuit, the world of college sports will be forever changed, so all those video games you’ve got are now antiques. [CNBC]
* Tom Cruise settled his defamation lawsuit against a tabloid publisher over claims that he’d abandoned his daughter during the pendency of his divorce proceedings. Xenu is pleased by this announcement. [CNN]
If you haven’t been following the O’Bannon case, the former UCLA star heads up a group of current and former players suing the NCAA for improperly restraining players from negotiating the use of their own likenesses on everything from calendars and jerseys to broadcasting contracts and video games.
Judge Wilken’s ruling changes the landscape of the case and sets the parties on a collision course for trial in June. It also makes the NCAA very, very happy…
* A DWI attorney shows up to court drunk. Kicker? He was in the wrong courtroom. Still, the best way to defend a client is to stumble a mile in their shoes. [KRQE]
* A sitting appellate judge shares his poetic stylings. [Law Poetry]
* Here’s a brutally honest letter from a hypothetical senior Biglaw partner to a new associate. Since this week established that we need to point this out, this is a satirical letter. [Associate's Mind]
There have been a couple of major developments this week in the ongoing lawsuit that pits Ed O’Bannon, and a group of other former college athletes, against the NCAA, Electronic Arts, and the Collegiate Licensing Company. If you are not familiar with O’Bannon v. NCAA, Sports Illustrated has a good primer. O’Bannon is suing the NCAA for antitrust violations stemming from the NCAA’s alleged licensing of players’ likenesses.
The NCAA has been operating with impunity, profiting on the backs of an unpaid labor force, for decades. I cannot think of a worse organization in the country right now, and you know I don’t say that idly: not the ABA, not Sallie Mae, not the Catholic Church. No organization seems more dedicated to directly profiteering off of young people without providing for their best interests as the NCAA.
But finally, the law might step in and stop this very powerful organization from taking complete advantage of their “student-athletes”….
* Ed O’Bannon asks the NCAA to agree in writing not to retaliate against any current athlete that joins his lawsuit against the organization. How sad is it that a non-profit organization committed to helping students needs to be reminded not to retaliate against students? In other news, NCAA Football 14 (affiliate link) came out today. [USA Today]
* More SCOTUS Term analysis. Tom Goldstein, Adam Liptak, and Jess Bravin have been invited to explain to the Heritage Foundation what an awesome term it had. [Heritage]
* The Shelby County decision completely lacks any foundation for the argument that the Voting Rights Act violates the Constitution. Yeah, but besides that… [Lawyers, Guns & Money]
* What is wrong with soccer fans? Referee stabs player and then ends up like Ned Stark. [Legal Juice]
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.
* A Big Ten Commissioner filed a declaration claiming that the Big Ten will stop competitive collegiate athletics if Ed O’Bannon wins his lawsuit. This level of disingenuous blackmail is why we invented sanctions, people. [Sports Illustrated]
* On the heels of a federal judge allowing service through Facebook, a Texas lawmaker wants to make service of process over Facebook the rule rather than the exception. [IT-Lex]
* The next time you feel embarrassed by a U.S. politician, note that this Japanese city council member refuses to remove his wrestling mask. America doesn’t have anyone that clownish in office… she resigned the governorship in 2009. [Lowering the Bar]
* Everyone always talks about plain language contracts. Here’s how someone actually wrote “Terms and Conditions” that a user might actually read. [Associate's Mind]
* Once again, the Supreme Court comes down to the Breyer-Thomas coalition against the Scalia-Ginsburg coalition. [ABA Journal]
I don’t particularly like the NCAA and I enjoy their legal difficulties as much as the next guy. As a devout college sports fan, the usually arbitrary and always backward business side of the NCAA (including the affiliated schools and “non-profit” bowl associations) causes me great consternation.
Apparently, the incomparable Charles P. Pierce shares my disdain for the lumbering excuse for a fair and credible sanctioning body that currently governs collegiate athletics.
In a sharp Grantland piece, Pierce revisits the Ed O’Bannon-led class-action case against the NCAA and video game manufacturer EA over their combined efforts to profit in perpetuity from the likenesses of unpaid “student ath-o-letes.” (Take it away Eric Cartman!) But I think Pierce is overselling the extent to which a possible O’Bannon victory would really change the college sports landscape….
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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