July 2008


Carbonite freezing.

Nerfherder

Thx to /film

Longhorn Legends

Barking Carnival has a fascinating comparison of Coaches Royal, Akers, and Brown’s first decades at the Texas helm. Below, I’ve summarized the comparison between DKR and Mack because it is the most competitive and surprising contrast.

Overall Record:

DKR: 82-23-3; 75.2% winning percentage
Mack: 103-25-0; 80.4% winning percentage

Conference Record:

DKR (SWC): 50-15-2; 75.8% winning percentage
Mack (Big 12): 65-15-0; 81.2% winning percentage

Titles:

DKR: 2 outright SWC titles, 2 co-championships, and 1 National Championship
Mack: 3 Big 12 South Division championships, 1 Big 12 Championship, and 1 National Championship

Rankings:

DKR: Top 5 five times (1959, 1961-64); Top 20 two times (1957, 1960)
Mack: Top 5 three times (2001, 2004, 2005); Top 10 two times (2002, 2007); Top 25 five times (1998, 1999, 2000, 2003, 2006)

Rivalries:

DKR: vs. OU (8-2); vs. A&M (10-0)
Mack: vs. OU (4-6); vs. A&M (7-3)

While Mack may be rightly knocked for his lackluster performance against Texas’s most hated rivals (excepting of course the bonfire tragedy year agaisnt A&M), no one can seriously challenge Mack’s amazing overall performance, even as compared to one of the college game’s greatest coaches.

One other thing Mack has accomplished that is unlikely to ever be eclipsed by anyone is having the distinction of winning the “not only the best BCS bowl game ever played, but the best college football game ever played … period.” Texas is as lucky to have Mack as it was to have DKR.

The telling comparison will come during the next ten years, as DKR won two more national titles during that span. Let’s see how many more Mack can bring home to Austin.

Thx to Barking Carnival and ESPN’s Big 12 Blog

Keep Austin Weird

Okay, the Federal Trade Commission (FTC) thinks no antitrust concerns are rasised by allowing the planet to be served by only one satellite radio company, but allowing the merger of two niche, patchouli-oil-scented grocery store chains is just a groovy bridge too far.

A federal district court ruled last August that Austin’s own bohemian bazaar turned corporate giant, Whole Foods, could acquire rival hippie food purveyor, Wild Oats, without hurting competition.

Yesterday, the D.C. Circuit ruled it had had enough of all the free grocery love, reversed the district court, and held that the core customers of each store were “worthy of antitrust protection,” despite their appearance (oh ok, I added that last part).

Because the merger has already gone through in the interim, the likely outcome of the remand–if the court sids with the FTC as expected–is that stores in areas that raise antitrust concerns will likely be divested.

Thx to the Austin Business Journal and the WSJ Law Blog

To the top baby

Just wanted to pass along to everyone that Law.Alltop.com was foolish kind enough to add us to their list of featured legal blogs.

Their site is an easy-to-navigate aggregator of all the prominent (save for this one of course) legal blogs with convenient headline snaps from the most recent posts. All in all, a great shortcut to get caught up on all the day’s blogentia in one fell swoop.

Many thx to Alltop

S&W commemorative revolver

Within weeks of SCOTUS ruling Dick Heller had a II Am right to possess a pistol for self-defense, the District of Columbia informed him the right doesn’t extend to semi-auto pistols after it rejected his permit application for his 1911 .45, because the District considered such firearms to be too similar to machine guns.

Only someone who has shot neither would make such a foolish assumption.

After being denied a right to register his semi-auto handgun, Heller was successful in submitting a .22 revolver for registration. However, if Heller is successful in gaining a permit to keep his .22 revolver in his home, it will have to be disassembled and trigger-locked and/or kept in a safe. This requirement (although it does include an assembly exception while it is being used against an intruder in the home) seems to treat as dicta Justice Scalia’s admonition that the “District’s requirement … that firearms in the home be rendered and kept inoperable at all times … makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional.” Dist. of Colum. v. Heller, No. 07-290, slip op. at 58 (June 26, 2008) (emphasis added).

Looks like it won’t be long before Heller II is foisted back upon the court system.

* * * UPDATE * * *

Looks like Dick Heller was equally displeased with the District’s new gun permit regulations, seeing as how he sued the District once again yesterday based, in part, on its disallowance of semi-auto handguns and its requirement that all firearms be kept disassembled and trigger-locked.

Thx to DC Dicta, the DCist, WaPo, and HotAir

For the coward pictured below.

About to rue the day

Today, the DPS released the security video of the arsonist who almost succeeded in burning the Governor’s Mansion to the ground.

Anyone with information about the possible identity of the person depicted in the video or picture above is urged to call investigators at:

512-506-2849,
512-506-2861,
512-506-2862, or
Crime at 800-252-8477.

Thx to the Austinist

Closest thing to heaven

My fair city of Austin is notorious for being a stagnant and stale legal market for those young lawyers with the audacity to attempt to practice here. Practice groups at various firms tend to merely jump from one address along Congress to another, instead of firms actually adding to their headcounts.

The stories are legion of uber-qualified attorneys from Biglaw NYC firms and Ivy Law being turned away by the BigLaw and BigTex Austin branches because of the incredible geographical demand Austin perpetually generates. It was rare for BigTex/Law satellites to open entirely new offices in Austin–that is, until now.

It all began in early 2006 when Dechert opened its Austin office with the first group of Dewey (then Ballantine, now LeBoeuf) emigres.

In early 2007 after the shuttering of Jenkens & Gilchrist (which coincidentally, was the subject of our very first post here at the SMSB), Virginia-based Hunton & Williams reopened its Austin office with the remaining Jenkens lawyers who didn’t spin off their own boutiques or join Winstead’s ranks.

Also in 1997, the Arkansas firm of Mitchell Williams opened its doors in Austin, but only began to expand its Austin footprint in May with the acquisition of longtime Austin firm Long Burner Parks & DeLargy.

After the announced closing of the Dewey office earlier this year, the majority of the remaining Dewey alumni headed over to McKool Smith, but three found their way to King & Spalding’s new Austin branch just a few months ago.

Now, word out tonight is that several Akin & Gump lawyers, including the managing partner of the Austin office, are leaving to open Greenberg Traurig‘s Austin satellite on August 1.

While all of these office openings certainly prove the maxim that Austin firms merely trade lawyers instead of adding them, because five new firms now have an entrenched presence here in Austin, it is entirely likely that more capacity for lawyers yearning to live interesting and meaningful lives in the ATL will be created.

As long as they keep Austin Weird, they’re welcome within the City Limits.

Wouldn\'t have it any other way

* * * UPDATE * * *

Due to my own oversight, I neglected to mention the 2007 founding of Yetter & Warden’s (now Yetter, Warden & Coleman) Austin office by several former Weil appellate lawyers, including the national head of their appellate practice group, former Justice Thomas clerk and Solicitor General of Texas, Greg Coleman.

Thx to the Austin Business Journal and Tex Parte Blog

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