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.

hace 2 días

Alito's Outburst And Tough Times For Partners

And a farewell look back as co-host Chris Williams departs the show. ------ Supreme Court action gets spicy as Sam Alito threw a fit from the bench. After Justice Sotomayor took the opportunity to systematically dismantle his reasoning in the asylum case, Alito spoke up out of turn to explain that he'd have brought better arguments if he'd known she planned to dogwalk him. And Biglaw isn't the collegial environment it used to be, with partners being given haircuts by leadership. And we say goodbye to Chris Williams, who is leaving us as a co-host after this.

32 min
24 jun

Todd Blanche Disgrace Train Rolls On

Supreme Court ignores Judge Newman's rights. ----- All the news that's fit to print agrees that Todd Blanche isn't fit to head the Department of Justice. Something about the whole transforming the DOJ into a weaponized arm of Donald Trump's political grievances thing. The Supreme Court dodged the ongoing Judge Pauline Newman debacle in the Federal Circuit. Her fellow judges have performed an end run around the Constitution, and the rest of the judiciary seems content to just look the other way. And as more folks use AI to brush up their resumes, its biases keep coming out. But does it really produce different legal resumes for men and women?

36 min
17 jun

Federal Judges Gone Wild

And a new ranking of top law schools. ------ Above the Law's Top 50 Law School rankings are out and a new school tops the list. But a number of other high prestige law schools have slipped out of the top 10... and it's mostly a matter of cost. Meanwhile, we have two federal judges out of control. Judge Ryan Nelson faces misdemeanor criminal charges over a parking lot altercation, which would be a bad look for a federal judge, but not nearly as egregious as his parking job. And we have more on the Eleanor Ross drama, after her initial "apology letters" went public and prompted the Eleventh Circuit to find a new opportunity to look the other way.

30 min
3 jun

Sex In Chambers Met With Slap On Wrist

A federal judge carried on a two-year affair with a high-ranking law enforcement officer by having sex in chambers and lying about it to investigators. The Eleventh Circuit responded with a private reprimand, concealing the judge's identity. But the judges didn't think through their anonymization strategy nearly well enough and AI cracked the case in minutes, revealing Judge Eleanor Ross of the Northern District of Georgia. Meanwhile, in lawyer ethics, a bar complaint in New York focuses on Todd Blanche, citing the ruling out of Tennessee finding a presumptively vindictive prosecution of Kilmar Abrego Garcia. And down in Florida, the scores of former judges and other professionals behind the complaint against Pam Bondi -- that Florida previously punted, claiming that it couldn't investigate a sitting Attorney General -- renewed the call, noting that Bondi may be many things, but she's definitely not the Attorney General anymore.

33 min
27 may

Judge Orders Law Firm To Write Lesson On How Not To Be Naughty Lawyers

And the Federal Circuit's Schoolhouse Rock moment is as damning as it is embarrassing. ----- Quinn Emanuel earned $3 million in sanctions from Judge Edward Chen, who described a "deeply disturbing" culture of lawyering. But worse, the judge ordered the team involved to complete an 8-hour ethics course that the firm itself must design. The Federal Circuit decided to put together a bizarre theme song and music video for themselves. Along the way, they managed to double down on their shadow impeachment of Judge Pauline Newman by erasing the still active judge from the video. New York has a long history of abusing pregnant women in custody and now we've learned that the courts arraigned a woman while she gave birth in the courtroom -- while she may or may not have been handcuffed.

29 min
20 may

Don't Let The Client Write The Brief As A Treat

More on Biglaw's insider trading scandal and a rare feel good story. ----- We keep learning more from Biglaw's insider trading scandal, with the identity of the Wachtell co-conspirator revealed. How did this scheme succeed for so long? The Department of Justice continued its battle to allow Trump to unilaterally rip up national monuments with another barely coherent brief. They may say "the customer is always right," but when it comes to litigation, turning over the briefing to the client can present serious ethical issues. Which might be why this DOJ is fighting so hard to punish disciplinary authorities for seeking to enforce ethical rules against government lawyers. And one prestigious litigation firm earns praise from the judge for allowing a young associate to take on key responsibility.

29 min
13 may

Stealth Layoffs And Sam Alito On Tilt

Also a major insider trading case strikes Biglaw. ----- The legal industry as a whole continues to rake in cash, but a few firms have shown signs of trouble. Reports out of Paul Weiss bear all the hallmarks of a stealth layoff, with litigation associates being let go for "performance" issues that never came up before. Meanwhile, a recent megamerger firm found itself cutting back on supposed redundancies. The Supreme Court set out to obliterate what’s left of voting rights, and along the way Sam Alito managed to cite fake facts and throw a temper tantrum at Justice Jackson. Also, the DOJ announced breaking up a major insider trading scheme involving multiple Biglaw firms.

34 min
6 may

Are There Any Adults Left At The Department Of Justice?

Comey snaps sea shells by the sea shore. ----- A once-venerable institution, the Department of Justice is in disarray these days. The Attorney General got fired, multiple U.S. Attorneys have been booted as illegally appointed, judges have started doling out contempt charges, and Kash Patel is being openly branded J. Edgar Boozer. It got worse last week, as government lawyers filed a brief that -- it seemed -- they handed over to Donald Trump to write in the form of a Truth Social post. With rampant grammatical errors, irrelevant tangents, and all caps tirades, it read more pro se than DOJ. Meanwhile, over in the ironically named Civil Rights Division, they're filing briefs with "DRAFT" watermarks because apparently quality control is woke. This is all before we deal with the government filing federal criminal charges against Jim Comey over a picture of sea shells. At least one corner of legal still does work they can be proud of, as a Skadden partner leaves to become GC of OnlyFans.

30 min

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Joe Patrice

Presentador(a)
Kathryn Rubino

Presentador(a)
Chris Williams

Presentador(a)
Elie Mystal

Presentador(a)

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.