Strong but rebuttable presumption opinions expressed are yours | Not fan of Charles I | Expert: mismatched socks | Ultracrepidarian | Half-baked legal theorist

Joined March 2014
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wow i’m doing great at watching my figure i still fit in the socks I wore in high school
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Jonathan Robe retweeted
Two years before ChatGPT was released, a legal writing professor catalogued dozens of court opinions from the 2010s calling out specific lawyers for sloppiness and poor advocacy. The examples are wild.
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They are still waiting on me to notarize it, which I am refusing to do at this time
The supposed text of the MOU that was obtained by CNN does not reflect the language of the actual MOU.
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Coach FTW
If only there were some way to clear this up
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Jonathan Robe retweeted
False. The lowest thing you can do as a man is not fully knowing and understanding the Rule Against Perpetuities.
Paying for sex is the LOWEST thing you can do as a man. True or False?
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Jonathan Robe retweeted
Clients want a non-compete in every contract, but they usually don't think about what it takes to enforce it: You'll be in court arguing your employee can't feed his family, in front of a judge who'd rather not sign that order (and most of them won't). Something to consider...
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Jonathan Robe retweeted
I know we’re all guilty of making generalizations, but after what happened yesterday, people might start rethinking whether “lawyers are ruining college sports.”In fact, one could fairly say that Sidley Austin’s team of lawyers single-handedly helped save college sports.
On Sunday, Brendan Sorsby met with Texas Tech's board to reaffirm his status. Hours later, unbeknownst to Tech, the Big 12 made a dark-of-night filing that one expert called the most “devastating” legal action he’s seen. On the end of the Sorsby fiasco bit.ly/3QFqM46
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Jonathan Robe retweeted
Can a state court judge help an illegal immigrant escape law enforcement? No, that's a crime. Judge Dugan of Wisconsin moved to recondider her conviction. Judge Adelman (no conservative jurist) denies the motion. Good opinion explaining why, in part persuaded by Judge Wilkinson
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Jonathan Robe retweeted
I never thought I would see anything more impressive than Tennessee Twitter forcing the Vols to unhire Greg Schiano. But the collective college football world uniting against Texas Tech and bullying it into getting rid of its starting QB, might have topped that. This is the most united we’ve been as a country in decades.
Jun 16
BREAKING: QB Brendan Sorsby and Texas Tech are mutually parting ways, @PeteNakos reports. Sorsby will not play College Football in 2026. on3.com/news/brendan-sorsby-…
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The sordid Sorsby saga has produced multiple ironies and left more questions unanswered than answered. The chief question remains is this: how, pray tell, did he get that injunction? That is the part no one has answered. Where was the likelihood of success on the merits? The balance of equities? The public interest? Maybe there is a defensible answer buried somewhere. From the outside, it looked uncomfortably like college-athletics home cooking. And I am not laughing. Rulings like this do real harm to the public's confidence in a fair, impartial, and independent judiciary. This era of college athletics has exposed a judicial rot— courts now willing to enter sweeping orders that reshape private athletic associations, contracts, conference governance, and competitive rules. Nor am I ready to call this saga over until I see a dismissal with prejudice. The NCAA remains enjoined. Sorsby's move toward the NFL supplemental draft may make the practical problem disappear, but it does not erase the order. College athletics has become a lawless marketplace of panic, money, and self-interest. Courts are supposed to be the institution that reins in that kind of disorder. When they instead bless it, accelerate it, or indulge it with extraordinary relief, the damage extends far beyond one athlete or one case. It erodes public confidence in the judiciary itself. That is the most troubling part of this saga. Addiction is real. So is recovery. I wish Brendan Sorsby the best.
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Jonathan Robe retweeted
The FBI disrupted a terrorist plot to attack the UFC event at the White House this Sunday with explosive drones arresting numerous people across various states. Wow...
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Jonathan Robe retweeted
The Browns right now with project quarterbacks
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Brendan Sorsby’s attorneys plan to withdraw their lawsuit Tuesday, per source. That means he will officially be ineligible under the NCAA’s ruling, clearing the way for him to enter the NFL supplemental draft.
Star QB Brendan Sorsby is applying to enter the NFL Supplemental Draft, sources tell NFL Network. After legal wrangling about his NCAA eligibility, Sorsby — regarded as a first-round talent — now could be the highest-drafted supplemental pick in decades.
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Jonathan Robe retweeted
TTU/Paxton teed this up for the Big 12, who is now seeking declaratory relief (and attorneys fees) under the 1st amendment, ICC & fed/state law. Big 12 paints them as hypocrites & defends its broad right to impose sanctions (that TTU has also supported via the Big 12)
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Jonathan Robe retweeted
While I am pleased that the Courts of Appeals have been consistently knocking down these absurd district court decisions, it is a problem that we’ve had such a disregard for the law from so many district courts.
VICTORY: Francesca Albanese loses major battle as U.S. Court of Appeals denies her bid to suspend sanctions pending appeal. Sanctions to remain in force throughout the case. Two judges signaled her central First Amendment claim is unlikely to succeed. We submitted amicus brief.
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Jonathan Robe retweeted
Cool 3rd circuit opinion applying federal common law, as incorporated into a contract, about how to calculate "reasonable attorney's fees." ca3.uscourts.gov/opinarch/24…
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Irish Brigade monument at the Wheatfield, Gettysburg. 63rd, 69th and 88th NY Inf and 14th Battery. Irish wolfhound sleeping at the foot of the Celtic cross.
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Jonathan Robe retweeted
It's so fitting that the arrogance from those around Texas Tech completely cooked them. Ken Paxton is an absolute moron. The constant responding to everyone built a case against them
The Big 12 has gone to federal court to ask permission to have a conviction. There was a time when a conference could simply disapprove of a player who bet on his own team's games. Now it needs a declaratory judgment first. The Texas AG's threatening letter to the Big 12 was an unforced error of the first order. Strip it out and there's no lawsuit— because there's no justiciable controversy. A conference privately mulling a sanctions vote isn't a "case"; it's a meeting. The AG's 200M per se antitrust threat is what manufactured the ripeness, handed the Big 12 its MedImmune, Inc. v. Genentech, Inc hook, and let Sidley walk into federal court in Dallas with a complaint instead of a press release. Paxton's office didn't just pick a fight— it wrote the other side's standing argument for them, then signed it. Now TTU and the AG get to defend a theory the Oklahoma AG already called "facially absurd," in a real courtroom, against a national firm on its home turf. The letter was meant to intimidate. It functioned as service of process. The complaint itself is well made, and its strongest section is also its most dangerous. Paragraphs 32 through 36 are devastating on TTU's hypocrisy: TTU voted for the Baylor sanctions in 2017 and now insists the conference has no power to sanction anyone. That is good lawyering, and it should sting. But it cuts both ways. Baylor was sanctioned after findings, through process, for institutional conduct. The Big 12 wants to sanction TTU preemptively, for fielding a player a Texas court has enjoined the NCAA from declaring ineligible. The state court injunction is the elephant in the room, and paragraph 62 works very hard not to look at it— "this isn't about the injunction." But it is. The District Court of Lubbock County enjoined the NCAA from barring Brendan Sorsby from practicing or playing for Texas Tech, on a 5K bond, through a trial not set until February 2027. The practical effect is that Sorsby plays the entire 2026 season. The Big 12 now asks a federal court to declare that it may bar Texas Tech from competing for letting him. Strip away the labels, and the conference is asking one sovereign's courts to restore the very exclusion another sovereign's court just lifted—relabeled, from "NCAA eligibility" to "conference governance," but identical in result. That's a real trap, and it is structural. Federal and state courts keep a wary distance from one another's orders; neither likes to be handed the other's ruling to undo. A federal court will rarely enjoin a state proceeding, and it is nearly as reluctant to grant relief that achieves the same end through the back. The Big 12 was shrewd to choose a declaratory judgment over an injunction— a softer vehicle that does not, on its face, touch the state order. But that shrewdness cuts both ways: declaratory relief is discretionary, and a federal judge may simply decline to issue a declaration whose only real function is to neutralize a state court's ruling. The conference says it is exercising independent governance authority. A skeptical judge may see a conference trying to do through the side door what a state court has barred the NCAA from doing through the front— and may decline to hold the door. The Big 12 should win this, and it should win because the law is not actually close: a private association enforcing its own bylaws against a member who bet on his own games is ordinary self-governance. The Texas AG has managed the rare feat of threatening a lawsuit so weak that he walked his adversary into court, drew a public rebuke from a fellow attorney general within 24 hours, and turned a meeting the Big 12 might never have held into a federal complaint with his own letter stapled to the back as an Exhibit. Crazy times. Thanks to @TomMarsLaw for making the complaint available.
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Jonathan Robe retweeted
In short, Paxton absolutely screwed Tech over by threatening the Big 12
The Big 12 has gone to federal court to ask permission to have a conviction. There was a time when a conference could simply disapprove of a player who bet on his own team's games. Now it needs a declaratory judgment first. The Texas AG's threatening letter to the Big 12 was an unforced error of the first order. Strip it out and there's no lawsuit— because there's no justiciable controversy. A conference privately mulling a sanctions vote isn't a "case"; it's a meeting. The AG's 200M per se antitrust threat is what manufactured the ripeness, handed the Big 12 its MedImmune, Inc. v. Genentech, Inc hook, and let Sidley walk into federal court in Dallas with a complaint instead of a press release. Paxton's office didn't just pick a fight— it wrote the other side's standing argument for them, then signed it. Now TTU and the AG get to defend a theory the Oklahoma AG already called "facially absurd," in a real courtroom, against a national firm on its home turf. The letter was meant to intimidate. It functioned as service of process. The complaint itself is well made, and its strongest section is also its most dangerous. Paragraphs 32 through 36 are devastating on TTU's hypocrisy: TTU voted for the Baylor sanctions in 2017 and now insists the conference has no power to sanction anyone. That is good lawyering, and it should sting. But it cuts both ways. Baylor was sanctioned after findings, through process, for institutional conduct. The Big 12 wants to sanction TTU preemptively, for fielding a player a Texas court has enjoined the NCAA from declaring ineligible. The state court injunction is the elephant in the room, and paragraph 62 works very hard not to look at it— "this isn't about the injunction." But it is. The District Court of Lubbock County enjoined the NCAA from barring Brendan Sorsby from practicing or playing for Texas Tech, on a 5K bond, through a trial not set until February 2027. The practical effect is that Sorsby plays the entire 2026 season. The Big 12 now asks a federal court to declare that it may bar Texas Tech from competing for letting him. Strip away the labels, and the conference is asking one sovereign's courts to restore the very exclusion another sovereign's court just lifted—relabeled, from "NCAA eligibility" to "conference governance," but identical in result. That's a real trap, and it is structural. Federal and state courts keep a wary distance from one another's orders; neither likes to be handed the other's ruling to undo. A federal court will rarely enjoin a state proceeding, and it is nearly as reluctant to grant relief that achieves the same end through the back. The Big 12 was shrewd to choose a declaratory judgment over an injunction— a softer vehicle that does not, on its face, touch the state order. But that shrewdness cuts both ways: declaratory relief is discretionary, and a federal judge may simply decline to issue a declaration whose only real function is to neutralize a state court's ruling. The conference says it is exercising independent governance authority. A skeptical judge may see a conference trying to do through the side door what a state court has barred the NCAA from doing through the front— and may decline to hold the door. The Big 12 should win this, and it should win because the law is not actually close: a private association enforcing its own bylaws against a member who bet on his own games is ordinary self-governance. The Texas AG has managed the rare feat of threatening a lawsuit so weak that he walked his adversary into court, drew a public rebuke from a fellow attorney general within 24 hours, and turned a meeting the Big 12 might never have held into a federal complaint with his own letter stapled to the back as an Exhibit. Crazy times. Thanks to @TomMarsLaw for making the complaint available.
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Jonathan Robe retweeted
A fun thing I learned today: The Supreme Court of Puerto Rico cited me as authority for a proposition (the appellate mandate rule is jurisdictional) that my article spent 60 pages arguing is largely incorrect. Oh well, a cite is a cite 🤷🏼‍♂️
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Jonathan Robe retweeted
Would a settlement by any other name smell so sweet? The United States sued an acupuncturist under the False Claims Act. They came pretty darn close to settling--or did they? Judge Higginson found they did settle at mediation, district court affirmed
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