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.

double red triangle arrows Continue reading “From Across the Desk: Good Enough for the NFL”

* It’s amazing that sports betting is not legal in New Jersey. What possible moral wackadoodle says that it’s okay to have something like the Jersey Shore (the place, not just the TV show), but you can’t take Michigan to out-shoot the Syracuse zone and then break Louisville’s legs. [Legal Blitz]

* Cloud tools for lawyers. Or as partners understand them: “Newfangled virtual file cabinets.” [Smart File Blog]

* Pro se prisoner wins! He probably wouldn’t have had he consulted a lawyer. [Simple Justice]

* Actually, congratulations to Christopher J. Paolella, who argued before the Court on behalf of Kim Millbrook — and scored a 9-0 victory. [Reich & Paolella]

* Apparently “we gotta fix that” is Obama-speak for “Let’s form a commission to study how Republicans are disenfranchising voters instead of actually stopping them.” [NPR via Election Law Blog]

* Goodbye and good luck to Bruce Carton of Legal Blog Watch. [Legal Blog Watch]

* I thought this was a law already on the books in Mississippi. [The Onion]

* Instead of Angie’s List ranking law schools, I’d like to see U.S. News ranking plumbers. Undoubtedly, they’d use size of exposed butt crack as a key factor. [TaxProf Blog]

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….

double red triangle arrows Continue reading “Studious Lawyer By Day, Sexy Cheerleader By Night”

That was the day that Nancy Grace’s nipple popped out on TV. Her nipple popping out was what caused that home run.

Brandon McCarthy, pitcher for the Arizona Diamondbacks, wildly speculating as to what could have caused him to give up a home run during a game played in 2011. McCarthy is referencing Nancy Grace’s “wardrobe malfunction” that occurred during her stint on Dancing With the Stars.

Non-Sequiturs: 03.28.13

* 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]

* As our own Juggalo Law pointed out, the NFL engages in some awfully shady sexual orientation profiling. [Sports Law Blog]

* 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…

double red triangle arrows Continue reading “Non-Sequiturs: 03.28.13″

Non-Sequiturs: 03.26.13

* Illinois rules that young people’s tweets are not statements of fact. Are you suggesting people aren’t really rolling on the floor laughing? [IT-Lex]

* One Manhattan financial firm thinks Ally McBeal’s unisex bathroom is a good idea. Or they’re sexist dicks. One or the other. [Jezebel]

* The owner of the Boston Bruins is completely terrible, placing a small, but wealthy town in the middle of litigation costing hundreds of thousands of dollars… all so he can promote horse dancing. What is it with Massachusetts people and dressage? [SB Nation]

* Shoplifter busted with earrings swallows the evidence, but is ultimately foiled by Marie Curie. [Legal Juice]

* GULC students protest standards of review outside the Supreme Court, an important and overlooked issue. But it’s also throwing down the biggest legal dorks gauntlet to other law schools. [DCist]

* And as the legal world parses the transcripts of a big day for the Supreme Court, we also lament the loss of the man who basically created Supreme Court coverage. R.I.P. Anthony Lewis, sometimes called the “Tenth Justice.” [New Yorker]

Non-Sequiturs: 03.21.13

* 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]

Non-Sequiturs: 03.19.13

* 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]

* Slate’s Jessica Grose weighs in on the suicide of Cynthia Wachenheim reported here last week. [Slate]

* And here, just for fun, see if you can guess who said these quotes: Spongebob Squarepants or Friedrich Nietzsche. Surprisingly harder than you’d think. [Buzzfeed]

‘I’m stealing a #donut…I like stealing donuts…’

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.

double red triangle arrows Continue reading “Steubenville Rape Verdict: The Future of Criminal Law In the Era of TTIWWOP”

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.

Roll tide, y’all…

double red triangle arrows Continue reading “Can’t We Get All Alabama Football Fans Declared Legally Insane?”

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