Continuing with the football theme, Michael Vick took the field last week for the first time since he was suspended in 2007 for his involvement in a dogfighting ring. I tip my hat to Philadelphia Eagles owner Jeffrey Lurie for giving him the second chance that, apparently, some think he does not deserve. As the New York Times set out, the decision to bring Vick to the Eagles was not easy for Lurie on the most personal level.

The Philadelphia Eagles’ owner, Jeffrey Lurie, said he wanted to see self-hatred in Michael Vick, wanted to know that the player his head coach and quarterback both wanted for the Eagles could grasp the “cruelty, the torture, the complete disregard for any definition of human decency” that disgusted Lurie. This week, in a one-on-one meeting, Lurie, who called himself an “extreme dog lover” who thinks every day about two family pets who have died in the last two years, said he came away convinced that Vick could do more than just provide a dynamic element to his offense. Vick, Lurie said, had so completely transformed his life that he could complete what has become his new mission: to help save more animals than he had harmed.

[...]Lurie spoke of Vick’s crimes in often-harsh language and said Vick had “disgraced” the league. Lurie indulged in considerable soul searching, and sought to learn all the details of Vick’s troubles, before giving the go-ahead to sign Vick, who will make $1.6 million this season. Lurie said he would measure Vick’s success not in yardage but in whether he can create social change and diminish the level of animal cruelty, particularly in the inner city.

He also had to worry about animal-rights groups and, heck, just plain-old dog lovers, and how they would take to anyone allowing Michael Vick a second chance at football- and all the wealth, fame, and power that can come with it when you've got star potential like Michael Vick has. Apparently, these same folks generated a considerable amount of media against Vick when he was under investigation and may have played a part in the fact that he prosecuted and the time he spent in jail for his crime.

But despite Lurie's own deeply held beliefs and reservations, and the potential hit the Eagles might take from dog-loving fans, Lurie is giving him a second chance. But let's be clear: At the most fundamental level, hiring Vick was not about saving Vick. It was a business decision the Eagles made to upgrade their roster.

Still, I can't help but be impressed with Lurie. Standing up for someone who's done something criminal and, even worse, cruel, isn't easy. We do it every day in our practice. And we all believe that there is something to be proud of in standing up for people in trouble.
Even more, in our practice we try to take the Jeffrey Lurie position and pull something good from something that's pretty bad. When it's appropriate, we work hard to convince prosecutors that giving someone a second chance is often a lot smarter in the bigger picture than locking them up and throwing away the key.

Lurie is going to be sure that Michael Vick uses his position to educate children about animal cruelty. Vick would never be able to do that as an ex-football star. But as a current football star? Well, that's a whole 'nother story.

Labels: dogs, football, second chances, standing up for people

posted by Raman Gill   permalink   0 Comments

It’s a very busy week here, but I hate to let the blog go neglected, so in lieu of something scintillating and original about the world around us, here’s something I found on our server that I’m posting here in anticipation of football season. This is an actual order written by a Texas judge:

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

RUTH WAGGONER, INDIVIDUALLY
AND AS REPRESENTATIVE OF THE
ESTATE OF WILLIAM H. WAGGONER
AND RONALD WAGGONER,

PLAINTIFFS

V.

WAL-MART STORES, INC, THE
STANLEY WORKS, INC, WAL-MART
STORES TEXAS, LLC, AND STANLEY
ACCESS TECHNOLOGIES, LLC,
DEFENDANTS

CAUSE NO. A-07-CA-703-JRN

ORDER

Before the Court in the above-entitled and styled cause of action is Defendant Wal-Mart Stores Texas, L.L.C.'s Opposed Motion for a Protective Order, filed May 29, 2008 (Doc. #26). Apparently, the parties are unable to agree if the deposition of Wal-Mart's corporate representative should occur in San Antonio, Texas or in Bentonville, Arkansas.

The Court is sympathetic with Defendant's argument. Surely Defendant's corporate representative, a resident of Arkansas, would feel great humiliation by being forced to enter the home state of the University of Texas, where the legendary Texas Longhorns have wrought havoc on the Arizona Razorbacks with an impressive 55-21 all-time series record.¹

On the other hand, the Court is sympathetic with Plaintiff's position. Plaintiffs might enter Arkansas with a bit of trepidation as many residents of Arkansas are still seeking retribution for the "Game of the Century" in which James Street and Darrell Royal stunned the Razorbacks by winning the 1969 National Championship.²

Because the Court is sympathetic to both parties' positions, it has found a neutral site, intended to avoid both humiliation and trepidation of retribution.

ACCORDINGLY, IT IS ORDERED THAT unless the parties agree otherwise, the deposition of Defendant's corporate representative shall occur at 9 AM on June, 11, 2008 on the steps of the Texarkana Federal Building, 500 State Line Avenue, TX/AR 71854.

IT IS FURTHER ORDERED THAT each party is to remain on his or her respective side of the state line.

SIGNED this 3rd day of May, 2008.
[signed]

JAMES R. NOWLIN

UNITED STATES DISTRICT JUDGE
______________________________

¹ It is worth noting that the Razorbacks, who disgracefully retreated from the Southwest Conference into the gentler pastures of the Southeastern Conference, could have likely learned a lesson about stamina and perseverance in the face of battle by visiting the Alamo in San Antonio.

² The Court takes judicial notice that the "Game of the Century" for the current century occurred on January 4, 2006 when Vince Young and Make Brown led the Longhorns in a 41-38 win over the USC Trojans, thus securing the 2005 National Championship.

My favorite bit is the second footnote. If you’re not familiar with the concept of “judicial notice”, it means that the fact is so irrefutable that it requires no additional evidence to back it up – like if a witness testifies that she was facing west because the sun was setting, an expert doesn’t need to be called to testify that the sun does indeed set in the west. Similarly, no other testimony or evidence is required to confirm in the eyes of the court that the Game of the Century was the UT victory over USC to win the BCS championship in 2005.

Labels: football, judicial notice, the lighter side

posted by Dan   permalink   2 Comments