Insane legal actions over relatively mild pranks are coming fast and furious these days. We just recently discussed the 17 years old high school girl staring down felony charges over a childish year book prank. There have also been several cases of those that fall victim to pranks turning to intellectual property law as a way to hide their gullibility. There’s something — embarrassment perhaps — that spurs victims into unreasonable legal action once the trap has been sprung.
* Ashley Pearson is a second-year associate at O’Melveny and has figured out what we already knew: being an associate is the worst thing ever. She’s entered a contest to ditch Biglaw and become a lifestyle photographer in Australia. To help out our colleague, be sure to “like” her FB fan page! [BestJobs Australia]
* Michael Silver thinks Jadeveon Clowney should lawyer up and challenge the NFL in court. If he’s anywhere near as terrifying in the courtroom as he was in the Outback Bowl, the NFL will be screwed. [Yahoo! Sports]
* Paul Caron has a solution to the sequester problem that just might work… [TaxProf Blog]
* Trivia competition: Identify the foreign courthouse. [The Faculty Lounge]
* Deleting social media can result in a spoliation instruction. [IT-Lex]
* Greta Van Susteren has endorsed a new book about jury duty, Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action (affiliate link). I’m still waiting for her to endorse a tour guide for her favorite country. [GretaWire]
The only good things to ever happen to the city of Cleveland occurred in the movie Major League. From “Wild Thing” Ricky Vaughn to Willie “Mays” Hayes, the Indians were never such a joy to watch as they were during that fateful summer, when they climbed back into contention against the cretinous Yankees and their slugger Clu Haywood (“Haywood leads the league in most offensive categories, including nose hair.”). With a roster that resembled nothing so much as the Island of Misfit Toys, the Indians were an absolute delight to watch.
In real life, Cleveland is an angry, festering boil of despair. The Indians suck, the Cavaliers suck, and the Cuyahoga River catches fire likes it’s made of charcoal briquettes. If there is a God, and he is a vengeful one, that God hates Cleveland. There is no other explanation for the singularly awful string of events that have befallen Cleveland sports during my lifetime. The Drive, the Decision, the Fumble, the Shot. God hasn’t sodomized a town like this since Sodom.
Yesterday, news leaked that the Cleveland Cavaliers were considering rehiring coach Mike Brown. While hilarious, this has nothing to do with the law. Instead, we are here to talk about Jimmy Haslam. Haslam bought the Cleveland Browns just this past October. This week, it was announced that the FBI and the IRS had raided the headquarters of Haslam’s company, Pilot Flying J. Yesterday, the feds announced why they had done this.
Let’s talk misery. Let’s talk despair. Let’s talk Cleveland.
Let’s talk sports…
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.
- Football, Law Schools, Non-Sequiturs, Politics, Rankings, Rape, Sports, United Kingdom / Great Britain, Videos
* Real Housewives “star” Porsha Williams Stewart found out about her husband, former Pittsburgh QB Kordell Stewart, filing for divorce from the media. She shouldn’t have been surprised. Slash was always elusive. [USA Today]
* 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…
* Darren Heitner writes about the new business of concussions in the NFL. Safety equipment manufacturers are working overtime to shield themselves from future litigation because, you know, there’s not much that can be done when you’re still intent on running the human head into another hard, moving object at full speed. [Forbes]
* Welcome to Salem 2.0. This time it’s Salem, Missouri that tried to protect us from witchcraft by blocking Internet access to information about Wicca. A federal judge struck this down. Then hopped on a broom and skyrocketed away. [KDSK]
* A Florida woman pulled a gun on Walmart employees who wouldn’t honor her $1 coupon. It’s Florida, so she had to stand her ground on that sh*t. [Lowering the Bar]
* A 12-year-old boy got stoned and led police on a car chase. Live fast and die young, my friend. [Legal Juice]
* More on Lindsay Lohan: After her lawyer, Mark Heller, got blasted as incompetent by the media (including us) and the judge in the case, Lindsay says she’s sticking with him. Because she’s shown a canny understanding of legal practice so far. [TMZ]
* #Filiblizzard! That’s the Twitter hashtag that Senator Rand Paul coined to describe the confluence of a major D.C. snowstorm and Paul’s unabashed filibustering of the nominee to head the CIA. At the same time, there is another filibuster of Caitlin Halligan’s nomination to the D.C. Circuit. Remember when Harry Reid and Mitch McConnell hammered out a deal that would end the excessive filibusters? No. You don’t. Because that was just your Absinthe-fueled hallucination. [PrawfsBlawg]
* Former Justice Sandra Day O’Connor was on the Daily Show. She didn’t seem to understand that Shelby County was about Section 5. [Election Law Blog]
Full video after the jump….
Son, my turn. I’ve been sitting here for ten minutes now lookin’ over this… rap sheet of yours. I just can’t believe it. June ’93, Assault. September ’93, Assault. Grand theft auto, February ’94. Where apparently you defended yourself and had the case thrown out by citing Free Property Rights of Horse and Carriage from 1798. January ’95, impersonating an officer. Mayhem. Theft. Resisting. All overturned. I’m also aware that you’ve been through several foster homes. The state removed you from three because of serious physical abuse. You know, another judge might care, but you hit a cop. You’re going in. Motion to dismiss is denied. Fifty thousand dollar bail.
But you hit a cop. In perhaps the most riveting courtroom scene ever committed to celluloid, the judge with the push broom mustache threatens to derail Will Hunting’s promising career as a midget boxer with those five words. Luckily — and, I don’t think I have to remind any of you — Professor Gerald Lambeau (yes, the Gerald Lambeau) sees promise in the young bobby boxer and gets him out of jail.
Another Boston-area legend saw similar promise in a troubled youth who hit a cop. The legend’s name is Bill Belichick and the troubled youth’s name is Alfonzo Dennard. Just this week, Dennard was found guilty of hitting a cop. Unfortunately, there is no evidence that he has any idea how to solve advanced Fourier Systems.
Instead of continuing this strained Good Will Hunting analogy, let’s talk sports….
Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
It’s almost that time of year again, when many of us lesser beings will gather together to watch super-human men on all manner of PEDs and deer antler urine sprays smack each other around while an oblong leather ball sits somewhere in the background. We’ll leap for the pizza and chili like salmon during mating season while, between whistles, obligatory commercials with Avatar-like production budgets glow at us. That’s right sports fans, it’s [editor redacted] time!
Wait, hey! What the hell? I said it’s [editor redacted] time! Oh, come on. I can’t say [editor redacted]? Fine, what about a euphamism, like [editor redacted]? No, can’t say that either? Maybe [editor redacted]? Damn it, this is stupid. I’m talking about something that rhymes with “Pooper Hole” (heh, got you, editor!)….
- Bankruptcy, Biglaw, Defamation, Department of Justice, Dewey & LeBoeuf, Federal Judges, Football, Jury Duty, Law Schools, Morning Docket, Trademarks
* Lanny Breuer’s resignation from his post as the assistant attorney general for the Criminal Division of the Department of Justice is neither fast nor furious enough for his critics. [Blog of Legal Times]
* “I don’t reimburse for taxi and car services around Manhattan.” Judge Martin Glenn is none too pleased with costly expenses billed to the Dewey & LeBoeuf bankruptcy estate by Togut, Segal & Segal, and he’s started slashing fees left and right. [Am Law Daily]
* The Florida Space Coast School of Law? This totally necessary school has a name that no one will ever be able to make fun of. Please let there be an equally necessary space law concentration. [Daytona Times]
* “Being rude is not illegal,” but thanks to The Dirty, it might have some damning consequences for CDA § 230. Maybe it’s a good thing the jurors in this sexy teacher’s defamation case were deadlocked last night. [KY Post]
* Julie Taymor settled her suit against the producers of Broadway’s musical adaptation of Spider-Man. It turns out all the judge had to do was schedule a trial date to get the parties to turn off the
dark litigation. [Bloomberg]
* Here’s an example of legal Kaepernicking: the NFL got to flex its muscles when it strong-armed a football fan into abandoning his trademarks on “Harbowl” and “Harbaugh Bowl” in anticipation of the Super Bowl. [ESPN]
- Cars, Football, In-House Counsel, Marijuana, Movies, Murder, Non-Sequiturs, Sports, Tax Law, Television
* Wait, did other people know this Casey Anthony movie was happening and not tell me? With Rob Lowe? How much would you pay to get drunk and watch it with Nancy Grace? [Lifetime]
* In America, poorly parked cars get tickets. In Soviet Russia, poorly parked cars get douches. [Legal Blog Watch]
* Sometimes you can evade consequences associated with evading taxes, and sometimes you can’t. [Going Concern]
* The George Zimmerman defense fund seems to be alive and well… unlike Trayvon Martin. [NPR]
* I feel like it would be great if the NFL took marijuana off of its banned substance list. It’s not like the drug is performance enhancing. [The Nation]
* Don’t forget to add your résumé to the flood for our open positions on Above the Law. At this point, you might want to send a picture to get our attention. Not of yourself, but you know, Twinkies, peep-toed shoes, something that we actually care about. [Above the Law]