Supreme Court May Dunk on NCAA

The Supreme Court will begin hearing cases again on October 4th, the first Monday in October, while 2021 NCAA fall sports seasons are well under way. A spring SCOTUS opinion by Justice Brett M. Kavanaugh suggests the court and the “amateur sports” monopoly may have a showdown before June.

“Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate,” Kavanaugh wrote. “And under ordinary principles of antitrust law, it is not evident why college sports should be any different. The NCAA is not above the law.”

More:

How US college sport became an $8bn inequity racket. And why it may fall,” Bryan Armen Graham, The Guardian

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Law & Order: Japan

Evan Hadfield of Rare Earth discussed Japan’s criminal justice system.

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Lindsay Graham’s Continuing Legal Education

Senator and Doctor of Jurisprudence Lindsay Graham, defending President Donald Trump against credible reports of abuse of power, addressed this arguement to the Great Court of Twitter:

In America you can’t even get a parking ticket based on hearsay testimony.

But you can impeach a president?

I certainly hope not.

— Lindsey Graham (@LindseyGrahamSC) September 28, 2019

Annotation was provided by a thoughful attorney with a frightful spouse, George Conway III:

It has been a while since you’ve practiced law, so let me help:

* @realDonaldTrump’s incriminating statements are binding admissions against him and are not hearsay under Federal Rule of Evidence 801(d)(2);

* Even if that were not so, the statements would be admissible … https://t.co/8eWOOjZUYy

— George Conway (@gtconway3d) September 28, 2019

Federal Watchdog: Fire Hatch Act Violator KellyAnne Conway

   GUILTY OF SERIAL HATCH ACT VIOLATIONS.

The U.S. Office of Special Counsel sent a report to the White House on Thursday recommending that White House counselor Kellyanne Conway “be removed from federal service” for repeatedly using her official position for political purposes, violations of the Hatch Act:

“Ms. Conway’s violations, if left unpunished, would send a message to all federal employees that they need not abide by the Hatch Act’s restrictions. Her actions thus erode the principal foundation of our democratic system—the rule of law.”

“Nyah, nyah, nyah,” responded Deputy Press Secretary Steven Groves. The OSC does not have legal authority to remove a presidential appointee like Ms. Conway, but would have booted a career federal official long before this point. OSC had reprimanded Ms. Kelly over ethics concerns starting in 2017, and for multiple Hatch Act violations in 2018 and 2019. The Special Counsel of OSC is Trump-nominated investigator Henry Kerner. During the first year of the Trump Administration, Hatch Act violation compliants to the OSC rose 30 percent.

Attention lawyers: How many public ethics violations does an attorney need to commit before she’s disbarred?

More:

“Special counsel: Kellyanne Conway violated Hatch Act, should be removed,” Nicholas Sakelaris, UPI

“Kellyanne Conway Should Be Fired For Violating Ethics Law, Oversight Office Says,” Brian Naylor, NPR News

“Federal agency recommends that Kellyanne Conway be removed from service,” Anita Kumar, Politico

“Federal watchdog agency recommends removal of Kellyanne Conway from federal office for violating the Hatch Act,” Felicia Sonmez, Michelle Ye Hee Lee and Josh Dawsey, Washington Post

Updates:

“Trump says he won’t fire Kellyanne Conway over Hatch Act violations,” John Wagner and Michelle Ye Hee Lee, Washington Post

“Nobody Will Need To Respect The Rule Of Law After The Trump Administration,” Elie Mystal, Above The Law

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How to read privacy policies like a lawyer

Digital privacy policies are . . . complicated. The Verge asked a couple of lawyers for some tips.

More:

“How to read a privacy policy,” Ashley Carman, The Verge

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Guilty: Kellyanne Conway Violated the Hatch Act

The federal U.S. Office of Special Counsel (OSC) recently ruled that Presidential Counselor Kellyanne Conway violated the Hatch Act twice, both times while appearing on television in her official capacity.

“In the first interview, Conway advocated against one Senate candidate and gave an implied endorsement of another candidate. In the second interview, she advocated for the defeat of one Senate candidate and the election of another candidate. Both instances constituted prohibited political activity under the Hatch Act and occurred after Conway received significant training on Hatch Act prohibitions ….” — OSC

That “significant training” was mandated after an earlier televised ethical breach, when Ms. Conway shilled for Ivanka Trump products during an interview on Fox News.

Special Counsel Henry Kerner sent his office’s findings to President Donald Trump “for appropriate disciplinary action.” As a presidential appointee, it is up to the president to decide on Ms. Conway’s punishment, so naturally she received a firm executive shrug. A career federal employee would be terminated for this. “The White House cannot continue to have one standard for the federal workforce generally and a lower standard for appointees who are close to this President,” observed Walter Shaub, former Director of the Office of Government Ethics.

More:

“Kellyanne Conway found to have violated Hatch Act,” John Bowden, The Hill

“Kellyanne Conway broke the law. The White House shrugs.” Washington Post editorial

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Ruth Bader Ginsburg on Motherhood

Before Ruth Bader Ginsburg was appointed to the Supreme Court in 1993, she spent much of her legal career advocating for women’s rights. In this interview with Ryan Park she describes attending law school in the 1950s with a 14-month-old baby at home, and how some of her career success is due to her husband’s flexibility and the experience of being a mother. Video animated and directed by Jackie Lay.

More:

“What Ruth Bader Ginsburg Taught Me About Being a Stay-at-Home Dad,” Ryan Park, The Atlantic

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