Judge uses football in opinion

September 17, 2009
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You know it’s football season when a judge references two National Football League teams in his opinion.

Chief Judge Frank Easterbrook in the 7th Circuit Court of Appeals must love football, or think that the sport is something most people understand because he mentioned the Packers and Colts today in an opinion dealing with a complicated financial deal between an energy co-op, life insurer, and a company that deals in credit-default swaps. Too bad he didn’t throw in the Chicago Bears for good measure, since they also are in the 7th Circuit.

Example 1: “’Economic purpose’ is not a requirement for the enforceability of contracts. If the Green Bay Packers cut a player one day and then re-sign him the next, a court would not dream of canceling the new contract on the ground that a release-and-resign sequence lacks economic purpose.”

Example 2: “Suppose that Hoosier Energy had an in-the-money option to purchase the Indianapolis Colts by the end of December 2008, and that as a result of the reduced availability of credit it was unable to find a lender to finance the transaction.”

As a non-attorney, I appreciate it when judges attempt to help readers understand the legal issues by using examples I can relate to, such as sports. If this opinion came out in the spring, I wonder if he instead would have used references to Major League Baseball or National Basketball Association. Maybe he’s just got football on his mind.
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  • Judge Easterbrook\'s brother Gregg Easterbrook writes a well known column Tuesday Morning Quarterback for ESPN which cover the NFL. It must run in the family.

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  1. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  2. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  3. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

  4. Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone

  5. John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.

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