Steubenville, Ohio, the small town that taught (or at least, “should have taught”) Americans that rape cases are often the subject of powerful efforts to cover up the truth, has decided to reward the highest profile alleged cover-up artists. Because, ugh.
There are basically two related legal arguments for extending the contract of Steubenville head football coach Reno Saccoccia: (1) unless and until he is convicted of something, the school shouldn’t act on mere allegations; and, (2) if the school parted ways with the coach, it exposes itself to a later employment claim.
* You’d think an intellectual property firm would know better than to commit copyright violations. [Law 360]
* Good news, law students! You can get a casebook for the low, low price of $200! [PrawfsBlawg]
* Rachel Ray sued for negligence in trying to help a teen lose weight. If the goal was weight loss, Rachel should have just forced the girl to exclusively eat from Rachel Ray’s cookbook. Nothing can turn someone off eating like that. [US Weekly]
How does someone find themselves on trial for armed robbery with almost no attention paid to due process? If you answered, by playing football for Auburn, it looks like you’re right.
There are two things I know about Auburn football. First, the school boasts some really great fans. I met a number of them when I went to the BCS National Championship game three years ago to watch Auburn eke by Oregon on a last second field goal. Most everyone was reasonably nice, which made them very different than, say, Ohio State fans.
Second, Auburn cheats like it’s its goddamned job. Historically, it’s not even very savvy about it. In 2006, the school got busted handing out ‘A’s to players for classes that didn’t exist, a scandal that came to light when the school overdid it and NCAA reports revealed Auburn had better students than any program but Stanford, Navy, and Boston College. Oops.
Then there was the whole Cam Newton thing.
But I can say without hyperbole that these new allegations are a million times worse…
Ed. note: This is the latest installment in a series from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” takes a thoughtful look at recruiting, career paths, professional development, human capital, and related issues. Some of these pieces have previously appeared, in slightly different form, on AdamSmithEsq.com.
I don’t know about you, but I find talent markets fascinating. They have several characteristics that make them quite distinctive from regular old goods and services markets:
Talent is extremely heterogeneous; it’s not as if there’s another Honda Accord where that one came from.
Talent is what economists call both “excludable” and “rivalrous,” meaning that if I hire you Suzie can’t hire you at the same time. (Knowledge is the classic non-rivalrous and non-excludable good; everyone can know the same thing at the same time without its impairing anyone else’s knowledge of that same thing, and without shutting off anyone else’s access to it.)
Talent is notoriously difficult to judge in advance, without actually experiencing it, that is to say, without actually hiring the individual and putting them to work in your organization. Some other markets approach this condition of “ignorance until purchased,” such as attending performing arts events or taking a vacation to a previously unknown locale, but the stakes tend to be much higher for all parties concerned in talent markets.
Once talent is hired, it’s stickier than most other purchases. You can walk out of the movie theater or reconfigure your travel plans, but once you hire someone, short of felonious or otherwise appalling behavior, you’re stuck with them for a decent interval.
All this leads to a number of devices and stratagems that attempt to mitigate uncertainty and delay serious resource commitments until some firsthand evaluation can be performed.
Here at Above the Law, we write about career alternatives for attorneys from time to time, but it’s been a while since we last brought our readers an exciting story about extracurricular activities for attorneys. That being the case, here’s a little fun fact for you: many of the female members of this fine profession have, at one point or another in their lives, been on cheerleading squads.
Whether you’re a law student or a Supreme Court justice (yes, RBG once shook her pom-poms on the field), moonlighting as a cheerleader has its perks. What better way to learn how to BE AGGRESSIVE! B-E AGGRESSIVE! B-E A-G-G-R-E-S-S-I-V-E! in the courtroom?
Today’s legal cheerleader has an impressive rack résumé: she used to work in Biglaw, she’s now working as an ADA, and most importantly, she moonlights as a cheerleader for the Atlanta Falcons. Wouldn’t you like to have a lovely litigatrix like her on your side?
Let’s take a look at her cheerleading bio and, because this post would be WWOP, some photos of this gorgeous glamazon….
* An anonymous Twitter account wreaks havoc on UK law students. One Tweet: “#LawTips: edit the Wikipedia page after copying it to avoid plagiarism.” Here’s a pro tip: if you’re copying Wikipedia for law school, you’re doing it wrong. [Legal Cheek]
* How out of control is tuition? At 26 law schools, recent graduates with $160,000 in annual income are STILL eligible for the federal IBR program intended to relieve the debt burden on impoverished students. [Constitutional Daily]
* You’d think the Republicans would be all for funding scientific endeavors to prove that rape victims in the animal kingdom “have ways of shutting that down.” [Jezebel]
* UNLV Law Dean Nancy Rapoport takes issue with Professor Derek Muller’s ranking of “Career Baristas” out of law school. If there was one dean who was going to know the statistical angles, it was going to be the one in Las Vegas. [UNLV Law Blog]
* Ever wanted to watch video of the folks from Lawyers, Guns & Money discussing Game of Thrones? Sure you have! And that’s why we invented jumps…
* I’ve got a feeling “Bart Simpson” isn’t going to get a fair trial from this judge. [Lowering the Bar]
* The Supreme Court strikes a blow for copyright sanity by telling publishers that they can’t go after people reselling books published overseas. Now the only incentives to move your publishing operation overseas are the cents per hour wages and the lax health and safety standards. [Volokh Conspiracy]
* The only way to stop a bad guy with a gun is… the same bad guy with a gun. [Legal Juice]
* Following up yesterday’s link to Professor Richard Epstein’s AMA, Ken White of Popehat exposed himself to the same onslaught. [Reddit]
* About 11 years too late, the NFL rescinded its ridiculous “Tuck Rule,” which was always hard to understand, but basically ruled that an otherwise obvious fumble allowed the player to ditch his actress baby momma and marry a Victoria’s Secret model. [USA Today]
* This guy is VERY specific about what gigs he’s willing to play. And he’s also, apparently, a registered sex offender. [Lawyers, Guns & Money]
* 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]
Yesterday, Judge Thomas Lipps handed down a guilty verdict in the Steubenville rape case. For those living entirely under a rock, the Steubenville rape case involved two teen football players in Ohio, Trent Mays and Ma’lik Richmond, who carried an overly intoxicated 16-year-old girl from party to party, sexually assaulting her along the way.
The case garnered national attention after multiple pictures and videos of the events — some callously indifferent and others actively supportive of the rape — surfaced on the Internet, and the slow initial response of law enforcement triggered accusations that the local sheriff, Fred Abdalla, attempted to cover up the assault to protect the Steubenville football team.
Others have more eloquently explored the implications of this case for attitudes about sexual violence and social media generally. But the events in Steubenville speak to a cultural shift that will lord over criminal law for the next generation: the compulsive desire of jackhole criminals to document everything makes them really easy to catch.
You mean the guy who allegedly killed a tree over a football game might be crazy? WHO WOULD HAVE GUESSED?
I don’t mean to brag, but I took two different classes dedicated to studying the First Amendment during law school. The first, a semester-long meditation on the ideas behind that bill of right, was much like war: long stretches of boredom punctuated by moments of sheer terror. I don’t remember the two or three interesting things I learned in the class, but I remember feeling vaguely alive a few times. The second class, a more straightforward survey of the law, didn’t leave a mark on my consciousness the two times I actually went.
I’m a bit of a First Amendment scholar.
I do know that this most holy and invoked of all our rights has been the refuge of not a few rascals and reprobates. The adorable Larry Flynt is always available to slur a few words in support of free speech. And while I hate Illinois Nazis too, they play an outsized role in the history of the First Amendment.
To this estimable list of patriots comes an unabashed piece of redneck trash from the great state of Alabama. May it please the Court and roll damned tide, let’s talk Harvey Updyke, let’s talk sports.
When you talk to a prospective lateral about your firm during their first meeting, the conversation can go deep, sideways, and in circles. There is so much to share and discuss. What path of a dialogue can you follow to get better odds of a favorable conclusion?
Consider this template as a model you can use to discuss your firm’s opportunity. This simplifies the conversation and gives you a mental framework so the discussion is meaningful, relevant and moves things forward.
The Four P’s
In my transition from retained corporate executive search to legal search, I saw that there were many levels of complexity in the move of a partner transitioning from firm A to firm B. In placing an executive in a corporation, it was simple because of the linear nature of relationships in corporations. In a law firm, because of the multi-layered aspect of the interdependent relationships that each partner must manage with others, the dialogue is much more involved.
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: firstname.lastname@example.org.
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.
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