235 episodes

Thinking Like A Lawyer is a podcast featuring Above the Law's Joe Patrice and Kathryn Rubino. 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.

Above the Law - Thinking Like a Lawyer Legal Talk Network

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Thinking Like A Lawyer is a podcast featuring Above the Law's Joe Patrice and Kathryn Rubino. 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.

    This Is Not A First Amendment Thing, Man

    This Is Not A First Amendment Thing, Man

    A lot of folks would plead the First Amendment last week, and it was all nonsense. Yale Law School's Federalist Society advertised an event by throwing a whole mess of racist stereotyping at the wall just to see what would stick and when other students asked how this fit within the private school's standards for student organizations... First Amendment! Conspiracy theorists are convinced that Merrick Garland is using the Justice Department to enrich himself by silencing parents just because they threatened school officials... First Amendment! And Virginia public school teachers want the right to refuse to use a student's personal pronouns... First Amendment! Nope. Nope to all of it.
    Special thanks to our sponsors, Lexicon and Nota.

    • 33 min
    Judges Gone Wild

    Judges Gone Wild

    This week's top stories were all about the judges. Should judges be held to a higher standard when it comes to vaccines? Should they at least endeavor to hire clerks that don't have resumes drenched in red flags? How much should clerkships matter anyway? And we got judges making some tough talking threats. All that and a couple of sound effects -- what more could you ask for?
    Special thanks to our sponsors, Lexicon and Nota.

    • 28 min
    Supreme Court Preview: It Ain't Gonna Be Pretty

    Supreme Court Preview: It Ain't Gonna Be Pretty

    What's the next Supreme Court Term going to look like? Not great! We've got full-on assaults aimed at abortion, gun regulations, and affirmative action and that's just in the first handful of cases. Which you know if you've taken our Supreme Court quiz. Joe and Kathryn welcome ATL's newest editor Christopher Williams to break down these and other cases primed for this Term.
    Special thanks to our sponsors, Lexicon and Nota.

    • 35 min
    That's Not How Contracts Work

    That's Not How Contracts Work

    Did you know you could sue for $100 million for breaching an NDA that says breaches cannot be monetized? Neither did we. But Donald Trump has found a new lawyer willing to help him file that claim. He's arguing that his niece stole the documents that suggested a history of tax fraud, thereby unintentionally confirming the documents which is... a choice. Meanwhile, the Biden administration proposes a massive increase in bank monitoring for tax purposes even though the numbers seem a bit screwy. Finally, there's a law firm facing some very salacious allegations.
    Special thanks to our sponsors, Lexicon and Nota.

    • 23 min
    A Trip Down Memory Lane

    A Trip Down Memory Lane

    Joe and Kathryn break down the long-awaited John Durham indictment that tagged former Perkins Coie partner Michael Sussmann and find it... less than persuasive. Emory Law School has yet another racial slur in class incident, forcing the gang to ask if there's something in the water down there. But given that the most recent incident involves the brother of another repeat offender on this score, maybe it's just a family thing. And finally, Above the Law looks back at the day that launched an internet trend and renamed a law school forever.
    Special thanks to our sponsors, Lexicon and Nota.

    • 30 min
    Lawyers Behaving All Kinds Of Badly

    Lawyers Behaving All Kinds Of Badly

    We talk about misbehaving lawyers a lot, but there must be a full moon (per statute a moon "at least 95 percent wholly spherical when measured by appropriate telescopic instruments") or something for lawyers right now because they're wild this week! We've got Biglaw attorneys injecting food with blood, lawyers waving loaded guns around over COVID protocols, a deeply scandalous and tragic situation out of South Carolina, and Justice Amy Coney Barrett running her mouth off with the lack of self-awareness you'd expect from someone who spread a deadly infection to the White House.
    Special thanks to our sponsors, Lexicon and Nota.

    • 29 min

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