NFL

* The FBI announces that there will be no criminal charges over the “scandal” in which the IRS gave heightened scrutiny to conservative groups that planned to cynically game the law sought tax exemption for their entirely, in no way political activities. As another faux scandal bites the dust, here’s a good round up of butthurt right-wing editorials. [TaxProf Blog]

* SCOTUS Benchslaps! In a lengthy footnote in Daimler v. Bauman, Justice Ginsburg accuses Justice Sotomayor of misstating the record in the latter’s concurrence. In reading the competing interpretations, it seems as though Justice Sotomayor has the most fair reading, but then again the case is 62 years old, and Justice Ginsburg was probably there when it decided the first time. [Josh Blackman's Blog]

* Investment banks are seeing potential recruits running over to the tech industry. Law firms haven’t felt the same draw, mostly because you got a law degree because you suck at math and science. [Law and More]

* It’s about time Wile E. Coyote fought for his rights against Acme’s wanton disregard for customer safety. [Pentagram]

* An interview with Stephen Neal, the chairman of Cooley LLP, probing why Cooley is such a cool firm (evidenced by their #1 ranking in the ATL Insider Survey). [The Careerist]

* There’s a proposed law in Wisconsin designed to get dads out of child support payments. I know this may come as a shock, but it was written by a millionaire who doesn’t want to pay his court-ordered child support. [Jezebel]

* Well, we suggested the NFL concussion settlement was a bum deal the other day, and apparently Judge Anita Brody agrees, halting the deal. [Bleacher Report]

If you want to be a partner at one particular firm, it’d behoove you to know this guy…

* Breaking News: “An Indian diplomat has been indicted on federal charges of visa fraud. Prosecutors say Devyani Khobragade has left the U.S.” [CNN]

* The Bancroft firm just added three new partners. It’s apparently “not a prerequisite” to clerk for Chief Justice Roberts to be a partner at the firm, but it sure looks like it is. [The Blog of the Legal Times]

* Pressure is mounting on courts to recognize that Americans have a reasonable expectation of privacy. Do these people not watch Person of Interest? [Ramblings on Appeal]

* In a continuing series on why the “nuclear option” isn’t the panacea liberals thought it was, here are four reasons why Noel Canning is still a huge deal even if the Senate Democrats can force through judicial nominations over filibusters. [Constitutional Accountability Center]

* A fun interview with a lawyer turned professional athletics commissioner. Specifically, the commissioner of Sterling Archer’s favorite sport, lacrosse. [The Legal Blitz]

* Vermont is looking to pass a bill affirming abortion as a right, majorly bucking the trend of the rest of the country over the last year. Sounds about right for the state with a socialist senator. [Jezebel]

* The NFL’s concussion settlement sounded kind of fishy already, but now it looks like the initial prediction is going to be way off. [PR Log]

* Turns out a former SAC Capital Advisors trader embroiled in an insider trading case was expelled from Harvard Law School in 1999 for creating a false transcript. It’s good to know Wall Street is right there for all those cast off by law schools for ethical lapses. [Dealbook / New York Times]

* More coverage of the Insane Clown Posse suit, and more insight from our own Juggalo Law. [Washington Post]

* Chris Brown rejected a plea deal on an assault charge. Any time I think of Chris Brown I think of this Key & Peele bit. And if you don’t know who Key & Peele are, then you’re missing out… [Billboard]

double red triangle arrows Continue reading “Non-Sequiturs: 01.09.14″

As many of you know, the National Football League, is holding its annual advertising conference — colloquially known as the “Superbowl” — next month in the New York area. But because conference space is at such a premium in Manhattan, event planners placed the conference in New Jersey. Outdoors. On February 2nd. NFL planners surmise that conference attendees are so drunk and stupid that they’ll happily pay thousands of dollars to sit outside in the cold for multiple hours.

And they’re not wrong. Right now, the secondary market has the average price for Super Bowl tickets set at $3,332. If you really want to see the game that badly, I’ll set you up in my backyard with JoePa’s giant HD projector television and you can experience the delirious glory of hypothermia for only $1,000. It’s a steal! Please take me up on this offer. Otherwise, JoePa will keep his projector, and I’ll end up having to go to his place again in Kathmandu, Brooklyn.

Anyway, one fan has decided to sue the NFL over the price of tickets. He claims that the NFL is withholding seats for corporate sponsors in violation of New Jersey’s consumer fraud law…

double red triangle arrows Continue reading “Area Snowman Sues NFL Over Super Bowl Ticket Prices”


* 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]

Cherished lunch box of Justice Holmes.

* Harvard Law’s Langdell Library hosts a bevy of legal treasures. Including the personal lunchbox of Justice Oliver Wendell Holmes Jr. [The Harvard Crimson]

* Per a new survey, watching the Kardashians makes one twice as likely to want an aggressive lawyer. When I have to watch the Kardashians I become an aggressive lawyer. [Avvo]

* The Supreme Court spent Cyber Monday denying review to two cases challenging the imposition of sales taxes on Internet purchases. [The Blog of the Legal Times]

* New York State Attorney General Eric Schneiderman cracked down on fake Yelp reviewers. Apparently, reviewers who gave a pet groomer 4 stars are a bigger priority than the reviewers who gave subprime-backed securities AAA ratings. [Corporate Counsel]

* Not exactly breaking news, but Philly has caught on that law firms are merging because the market is so terrible with a new piece on the merger craze. Specifically, they’re looking at the planned merger of BakerHostetler and Philly’s own Woodcock Washburn L.L.P. we mentioned last week. [Philadelphia Inquirer]

* Lakers guard Steve Nash’s ex-wife is battling him for child custody. She’s hired a Phoenix law firm whose most famous attorney is jacked up NFL ref Ed Hochuli. For now Hochuli isn’t working on the case directly. For now. [TMZ Sports]

* Congratulations to Kobre & Kim on being named Law Firm of the Year by the National Asian Pacific American Bar Association. [Newsday]

* Who says Civil Procedure isn’t sexy? Some UNLV Law students take to YouTube to bring (Civ Pro) SexyBack. [You Tube]

double red triangle arrows Continue reading “Morning Docket 12.03.13″

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”

* 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″

She’s basically Boss Tweed in Tuscaloosa.

Ed. note: Above the Law will not be publishing on Monday, September 2, in observance of the Labor Day holiday.

* Municipal election fraud is being alleged in Tuscaloosa after a sorority bribed people with free drinks to get a University of Alabama Law grad elected (defeating the incumbent, another lawyer — and wife of a UA Law professor). The big question here is how f**king terrible is voter turnout in Tuscaloosa that a sorority can rig an election? [AL.com]

* A banned food truck launched a First Amendment suit after officials banned the truck for using an ethnic slur in the name. I haven’t seen a food truck shut down like that since “Steak Me Home Tonight.” [WSJ Law Blog]

* The NFL looks to London. Tax laws are one of many obstacles. [Grantland]

* From partner to delivery boy. But hey, definitely go to law school kids! [St. Louis Post-Dispatch]

* A thorough look at the legality of the pending Syria strike. Obama administration addresses these grave concerns with the phrase, “Talk to the hand.” [Foreign Affairs]

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…

double red triangle arrows Continue reading “Retired Football Players Just Got Jacked Up!”

* 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]

Page 2 of 512345