Above the Law - Thinking Like a Lawyer

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Thinking Like A Lawyer is a podcast featuring Above the Law's Joe Patrice, Kathryn Rubino, and Chris Williams. Each episode, the hosts will take a topic experienced and enjoyed by regular people, and shine it through the prism of a legal framework. This will either reveal an awesome rainbow of thought, or a disorienting kaleidoscope of issues. Either way, it should be fun.

6 DAYS AGO

Judge Throws Temper Tantrum

Also... Matt Gaetz as Attorney General is something we have to contemplate? ----- The Federalist Society conference included a tour de force in rhetorical fallacy from the Fifth Circuit's Judge Edith Jones, suggesting that it's an attack on the "rule of law" to talk about court reform and that such criticism results in death threats! Very cool. Very judicial. We also have a disturbing story out of Biglaw, and discuss the instant reaction to Matt Gaetz being nominated to serve as Attorney General and the dumbest takes that nomination has inspired. 00:00 Small Talk 5:53 The National Lawyers Convention & Judge Jones 24:29 Biglaw Partner Removed After Wife's Remains Found 30:00 Misc. Stories 34:14 Closing Remarks

40 min
13 NOV

Biglaw Bonus Season Arrives!

The race is on. ----- It's the most wonderful time of the year! Milbank continues to relish its role as the Pied Piper of Biglaw bonuses, once again jumping the traditional late November bonus announcement kickoff to set the bar for 2024 annual bonuses. We also learned that a number of firms make non-equity pay a share of the partnership expenses despite holding no equity. And one partner out there is using work email to complain about the neighbors with offensive terminology.

33 min
6 NOV

Sir Sam Alito Decides No Pesky 'Constitution' Governs Him

That Governing Document Can't Stop Me Because I Can't Read! ----- Sammy Alito openly defies the Constitution with European knighthood. Chicago Law tapes classes but isn't interested in letting students actually use those recordings. Students are, unsurprisingly, pissed. Professor Richard Epstein brags about replacing scientists with judges. Yes, the same guy who said COVID would only kill 500 people and got the first Trump administration sold on the idea. And mark your calendars for the lawyer movie from Hallmark's holiday season.

33 min
30 OCT

There's No Studying In Here, This Is The Library!

Also, Tiffany may be number 1 in his heart (she's not), but she's also not number 1 in her class. ----- Of all the iconic lines from Dr. Strangelove, maybe the best is "You can't fight in here. This is the War Room!" Recently, Harvard began punishing students (and faculty) for silent library protests while studying almost as though maintaining a "non-disruptive atmosphere" isn't the school's real concern. Donald Trump brags about Tiffany Trump's class ranking... even though her law school doesn't rank students. And states are preparing for the Supreme Court to launch a large-scale rollback on rights.

33 min
23 OCT

In 2024 The GOP Is A Big Fan Of Teen Pregnancy

The republican party of the 1990s must be turning over in its grave because the modern GOP is arguing teen pregnancy is a good thing. Equity partnership in Biglaw is a financial windfall, unless you're in the 10-30% of partners getting a compensation cut. And do you like messy, I mean MESSY, legal drama? The latest from the Texas bankruptcy court romantic scandal is eye popping.

31 min
16 OCT

Learning How To Be A Professional

From young attorneys to the Chief Justice, a lot of lawyers are dropping the ball. ----- We've got some young lawyers out there who don't understand the basics of professionalism and it runs a lot deeper than just lacking experience. That said, there are some experienced attorneys falling down on fulfilling a different set of professional obligations. Meanwhile, Chief Justice Roberts is apparently very, very sad that the public didn't appreciate his latest Constitutional rewrite.

41 min
9 OCT

Judge Decides To Just Make Up The Rules As She Goes Along

Why not? ----- Kathryn Mizelle was rated unqualified by the ABA and it shows. The Trump appointee just took it upon herself to rewrite the law despite acknowledging that higher courts have explicitly declined to do so. But she's a very special snowflake apparently. Law school rankings are primed for a major shuffle if we're to believe the available data. And... why do we need a new Matlock?

20 min
2 OCT

Eric Adams Must Really Hope Supreme Court Is Serious About Blowing Up Bribery Laws

The majority of the Supreme Court keeps diluting bribery laws and Eric Adams had best hope they aren't done yet. ----- Eric Adams got indicted last week and quickly pulled out the big litigation guns to explain that the Supreme Court already said bribery was cool. Meanwhile, Jonathan Turley rushed to the embattled mayor's defense to explain why ACTUALLY it was way worse that AOC once wore a borrowed dress to a party. Judge Pauline Newman's fight to end the pocket impeachment her colleagues on the Federal Circuit imposed upon her has added even more objective medical evidence that the other judges will continue to pretend they can't understand. And Shohei Ohtani's 50-50 home run ball reminds everyone that free stuff still has taxable value.

35 min

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Thinking Like A Lawyer is a podcast featuring Above the Law's Joe Patrice, Kathryn Rubino, and Chris Williams. Each episode, the hosts will take a topic experienced and enjoyed by regular people, and shine it through the prism of a legal framework. This will either reveal an awesome rainbow of thought, or a disorienting kaleidoscope of issues. Either way, it should be fun.