Baseball Sues Biogenesis for Tortious Interference with Contract

Hello baseball fans and contract law fans! (That would be an interesting Venn diagram.) Anyway, this morning Major League Baseball sued Biogenesis (among others) for allegedly tortiously interfering with the “Joint Drug Agreement” between MLB and the MLB Players Association. The basic theory is (1) that MLB and the MLBPA have a contract pursuant to which the players agree not to use drugs and (2) that Biogenesis interfered with that contract by giving drugs to certain players.

Bonds & Steroids

Craig Calcaterra is one of my favorite baseball writers–and he also happens to be a former lawyer. He’s got a post up at NBC’s Hardball Talk in which he helpfully provides a copy of MLB’s Complaint; he concludes that the “lawsuit is crazy on its face” and “should be thrown out of court.” Indeed, Calcaterra is “shocked Major League Baseball found someone who would file it.”

Well, I’m not so sure… Continue reading


Lawyers Dress for Success!

I’ve spent a lot of time analyzing cases and commenting on legal issues here on this blog. However, my most popular post ever may well be this post about a lawyer fashion shoot over at the WSJ.

In keeping with that theme, I was happy to find a chapter on lawyer fashion while reading through The Curmudgeon’s Guide to Practicing Law by Mark Herrmann.

And because I know you love lawyer fashion, and because my goal is to give readers what they want, I’ve taken the liberty of posting, in its entirety, Chapter 8 of Herrmann’s book entitled “Dress for Success.” Full chapter after the jump: Continue reading

“Goodbye to Law Reviews” by Fred Rodell

There are two things wrong with almost all legal writing. One is its style. The other is its content. That, I think, about covers the ground.

— Fred Rodell, Goodbye to Law Reviews, 23 Va. L. Rev. 38 (1936).

Law reviews have been taking a beating recently. Or, more specifically, the enterprise of law professors writing long and heavily footnoted scholarship that is then selected and edited by students has been taking a beating. I’ve been meaning to write a post in defense of the law reviews (and the enterprise) for some time. But this is not that post. 

Rodell reading/smoking --

No, this post is a shout-out to the essay that provides this post’s title: Fred Rodell, Goodbye to Law Reviews, 23 Va. L. Rev. 38 (1936). I found Rodell’s essay as I was poking through my copy of American Legal Realism (William W. Fisher III et al. eds., 1993), while pulling together my Spring Quarter syllabus. Since the essay is hilarious, and since nearly 80 years later people are still saying “goodbye” to the law reviews, I figured you might enjoy reading some highlights. Continue reading