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HoangTruong-FirstPaper 4 - 23 Mar 2008 - Main.EbenMoglen
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| | | I.Intro
At first glance, such a comparison of two more ill fitted entities would be difficult to find. The differences between the two are endless, and the similarities uncommon. Law is a war using words and ideas; basketball is war using muscle and agility. Law has always required a higher level of education of its combatants; basketball simply requires two arms and two legs (and not even that at times). Law is dominated by the privileged class, often Caucasians with a smattering of color here and there. Basketball is dominated by the genetically gifted, often African Americans with a smattering of “high basketball IQ” players whom according to stereotype simply can’t jump. | |
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< | On second glance however some similarities might present itself. Both are highly regarded professions to outsiders, and both have employees that are reviled for being overpaid. Both recruit new top tier talent with ferocity only to lose their prospect a few years down the road to a higher paying/more competitive competing firm or team. Both are professions where the most cold hearted and driven succeed, while both also requires such success to come with many sacrifices. Finally, both are currently in a state that can be characterized as dismal. | >
> | On second glance however some similarities might present itself. Both are highly regarded professions
- I can think of no definition of the "professions" that includes laboring at games. Basketball players, like other compensated athletes, are sweated workers who are paid high wages.
to outsiders, and both have employees that are reviled for being overpaid. Both recruit new top tier talent with ferocity only to lose their prospect a few years down the road to a higher paying/more competitive competing firm or team. Both are professions where the most cold hearted and driven succeed, while both also requires such success to come with many sacrifices. Finally, both are currently in a state that can be characterized as dismal.
- No, the labor markets are not alike. Schoolyards are full of poor children falsely believing that they have a chance to become highly-paid, short-lived athletic stars. They are not full of poor children studying hard in order to become lawyers. The primary source of the deception is societal over-interest in athletics. Such as the interest you are showing now, which is helping others behind you not to follow you on the road to law school.
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II. What is wrong with the NBA? | | | In conclusion, although they are separate things that have little in common, fixing some of the problems with the NBA today can be analogously helpful in fixing the dismal state of the legal profession. | |
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- This comparison is literally puerile. Analogy's purpose is to find deep similarities that illuminate mechanism, not to provide superficial correspondences. If you had something to say about how to reorganize law firms you wouldn't need to waste four hundred words on how the very different businesses that are basketball teams in a league should be governed. Fan radio ranting has no role to play here. The route to improvement is to start again without the analogy and develop the idea concerning the primary subject of inquiry.
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You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. |
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