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…
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.
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.
Whenever the topic of financial profligacy arises, I like to remind the assembled audience of my own rectitude in such matters. Why, I didn’t get a credit card until my second year of law school. Until that point, I had no need for credit. And I still didn’t even after I got the card. A twelve-hundred dollar limit is what they gave me on account of my non-existent credit. But that was alright with me. What in the world would ever possess a person to spend more than a thousand dollars that they didn’t have on hand? Do you know how cheap eggs are? I mean, I know this sounds like quite the non sequitur, but do you know how cheap a carton of eggs is? You can get them for a dollar. Maybe a dollar and change. The only reason I bring this up is they are a tasty source of protein for next-to-no-money at all. And so I ask you, why in the world would you ever need to borrow an enormous sum of money? Why would you spend your money like some drunk, and likely ethnic, sailor on shore leave? Are you compensating for something? I beseech you, are you too good for eggs? No sir, I don’t think I’m better than you with your spendthrift waffle iron ways. I just think you must never have truly learned how to run a tight fiscal ship.
I owe several entities close to a quarter-million dollars because of a Northwestern legal education that led me to… well, this.
* A passionate defense of Condoleezza Rice’s appointment to the NCAA selection committee, decrying criticism of her joining the committee as sexism. Unfortunately, he’s wrong (the entry for “Zubaydah”). [The Legal Blitz]
* The cop who pepper-sprayed the UC Davis protestors got $38,000 in workers’ comp for the anxiety he suffered when people criticized him. Poor delicate flower. [Lowering the Bar]
* Wisconsin forced a pregnant woman into a drug treatment program — even though she didn’t use drugs. Her fetus was afforded an attorney, but not the woman being unlawfully detained. [Slate]
* Former NSA chief Michael Hayden got a taste of what it feels like to have his private conversation monitored. Hayden told the reporter that he didn’t want to be on the record, but unfortunately for him, someone seated nearby knew who he was and live-tweeted the whole embarrassing conversation. [Think Progress]
* Yikes. Feds confiscated an investigative reporter’s files. That seems… wrong? [Popehat]
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…
* A high school teacher admits to taking heroin before teaching. But it was art class, so if he wasn’t on something it would have seemed weird. [Daily Mail]
* Reed Smith issued a statement on the complete meltdown one of its partners had over Twitter. They did not go ahead and tell the partner to “go f@ck himself and die,” so that’s a start. [Roll on Friday]
* Man fleeing police threw a parrot at the police officer to slow him down. The parrot bit the cop. Polly wants some bacon. [The Smoking Gun]
* Anyone read through the new Google Terms of Service? Well, they’re going to start using your name and profile in sharing your endorsements of music and restaurants. Here’s how you can opt out if you don’t want people to know how much you love Ace of Base. [Electronic Frontier Foundation]
* A veteran news reporter is suing the L.A. Times for discrimination after he was fired for not “taking it easy” on former Dodgers owner Frank McCourt. The only person who went less easy on Frank McCourt was the former Mrs. McCourt’s lawyer. [Courthouse News Service]
* A financial trader is suing his lawyer brother because he lost a bunch of money investing in real estate from 2004 through 2007. It seems like something more significant might have happened to real estate around 2007. But hey, congrats financial traders! You’re officially worse than lawyers. [Daily Business Review]
* If reviews and endorsements aren’t honest, they undermine the entire process. [Associate's Mind]
* The House stenographer loses it during the shutdown debate. Have any court reporters done the same? [Chaos in the Courtroom]
* Matthew Berry and Nate Ravitz of ESPN give an Illinois law student a hard time. The discussion begins at the 34:00 mark. And then they start making fun of the school’s ranking at the 39:00 mark. [ESPN]
* The shutdown has shuttered the Nuclear Regulatory Commission. I’m not really comfortable living without those regulators. [Breaking Energy]
* Don’t bother Goldman Sachs’s general counsel with your silly little questions. [Dealbreaker]
* The decisions you make in your twenties are rarely life-threatening. So get out there and make some atrocious life-decisions, kids! [Legal Cheek]
* Lawyer sent to prison for plotting to help a client hide jewels. That sounds way dirtier than it is. [ABA Journal]
* In scary news, Adrian Peterson’s 2-year-old son was brutally beaten. [TMZ]
* In case you missed our round-up, here are ten more highlights from a recent interview with Justice Scalia. He’s apparently a big Duck Dynasty fan, which explains a lot. Video embedded after the jump… [Bloomberg Law via YouTube]
* Who says bipartisanship is dead? Senators McCain and Gillibrand hammer Obama’s nominee for Navy Undersecretary. Gillibrand went after her specifically over prosecuting sexual assaults. [Breaking Defense]
* Lawyers per capita by state. For everyone who says lawyers make the world worse, note that Arkansas has the fewest lawyers per capita and do with that information what you will. [Law School Tuition Bubble]
* A bunch of rabbis were arrested for plotting to kidnap and torture a guy into granting a Jewish divorce. This is a thing? [Wall Street Journal]
* Professor Larry Lessig thinks the administration should have made originalist arguments in the McCutcheon case to salvage campaign finance limits. First, I don’t see why this would have worked. Second, someone in Washington has to be an adult and resist the urge to make stupid arguments just because someone might listen. [The Atlantic]
* An agent is facing 14 felony counts for giving improper benefits to college athletes. For all the alleged cheating, you’d think UNC would be better at football. [Forbes]
* A Texas judge ordered a teen to move back in with a sex offender. This was a poor decision. [USA Today]
* Upon hearing former NYC Mayor David Dinkins saying, “You don’t need to be too smart to be a lawyer, so I went to law school,” the dean of New York Law School said, “So you went to Brooklyn Law School?” Which of course Dinkins did. What is wrong with NYU’s Tribeca campus? [NYLS (exchange begins at 23:00)]
* Is this related to the law? Not really. Is it the cast of Archer doing the video of Danger Zone? Yes…
We all know it, it’s why lawyers are so terrible: we spend all our time taking out how awful some client is on others. But no one ever calls out the client in public, because we’re either too nice or too interested in keeping our business to ridicule our gravy train.
But then there are some lawyers who are big enough and important enough to become the Honey Badger and just rip clients on the radio.
Maybe this is one more advantage of being part of Skull & Bones….
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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 seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.