DiscoverAbove the Law - Thinking Like a Lawyer
Above the Law - Thinking Like a Lawyer

Above the Law - Thinking Like a Lawyer

Author: 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.
212 Episodes
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Eugene Volokh used his blog to whine some more about how his constant demands to be respected for throwing around racial epithets in class keep getting him clowned. This time he tries to pull a "gotcha" that two years ago, a single Above the Law article had an unedited slur in a block quote... which is so unhelpful to his argument that you have to wonder if he's suffered a concussion or something. We also talk about Judge Lynn Hughes finding himself the subject of another benchslap and revisit the old Above the Law story that has taken center stage in the Philadelphia DA race. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
Obviously, we're not advocating for spoliation of evidence or obstruction of justice, but... shouldn't Rudy Giuliani of all people known not to keep evidence of crimes around? He used to run the DOJ office that's investigating his buddies! Meanwhile, the California bar exam gets caught breaking its own rules and the Pennsylvania bar president gets caught trying to protect himself from extortion. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
A couple of stories out of Littler Mendelson this week, as one partner disappears from the website after pointing the finger at his client in federal court while the firm itself ducks special bonuses for associates by handing out hats. By contrast, Kirkland went over the top on associate appreciation with free food. Joe and Kathryn unsurprisingly think the latter is a better approach. The team also discusses new anti-riot legislation legalizing running over protesters.   Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
A Supreme Court expansion proposal is officially out there. It's not going to pass, it's not a particularly good idea, but might proposing it be a smart tactic? Meanwhile, as we get new insights into Biglaw finances from the Am Law 100 release, we got a hefty clue into Covington & Burling's business plan when we learned Eric Holder's hourly rate. Is this too much to bill a client or are people overreacting? Finally, the bonus wars continue, but are counsel and income partners getting left out? Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
When Yale suspended one of its high profile professors for two years citing a pattern of sexual harassment, one wondered if the penalty went far enough considering former students believed Rubenfeld's wife Amy Chua bore some responsibility for the events and remained on the faculty. Fast forward and now Chua is publicly battling with the administration after students told the school that Chua was breaching the alleged terms of the agreement she reached with them over Rubenfeld's suspension. We also talk about the Supreme Court's full embrace of theocracy in a shadow docket assault on decades of religious freedom jurisprudence and we talk about Jones Day's continuing Supreme Court clerkship hiring dominance. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
Not since the NCAA tournament has Georgetown been so hyped and so disappointed. The GULC fell out of the vaunted "T14" in the US News Law School Rankings to be replaced by UCLA. But why do we persist in a "14" ranking? And what else did the new US News formula bring us? Joe and Kathryn also chat about vaccine appointments and the (potentially) coming work from home revolution. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
As special bonus season intensifies, Kathryn muses about compensation leadership and what the value of going big. Joe talks about vaccines and returning to in-person events and we recap the goings on at CUNY and Michigan where the deans faced pressure over past incidents. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
After Willkie Farr announced another round of seasonal bonuses, Davis Polk went over the top and announced another two rounds of bonuses. The good times keep rolling in Biglaw. Joe and Kathryn also discuss the impending release of the US News and World Report Law School rankings -- could there be a big change this year? And a disturbing study from a few years ago started making the rounds showing the gross sentencing disparity caused by unexpected college football losses. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
Kathryn is not pleased with the mainstream press continuing to cite Judge Kozinski as an ethics authority. Joe and Kathryn talk Zoom netiquette and the recent controversy at Georgetown Law where professors were captured on video making disparaging remarks about Black students. It's yet another incident driving home the racism -- conscious and unconscious -- within the law school system. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
Quick, what was the phone number for Cellino & Barnes? A lot of you probably got that right immediately. But the firm split up a few years ago and the two entities it spawned have dueling jingles now. Which came out on top? Joe and Kathryn also discuss Davis Polk's extra bonus program and what it means for Biglaw and attorney wellness generally. Also, Texas AG Ken Paxton may want to take a break from social media for awhile and attorneys still need to hit mute on Zoom more often. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
No, You Can't Do That

No, You Can't Do That

2021-03-0331:26

We always try to come up with a theme for these shows after the fact and this is clearly the "no, you can't do that" episode. Paul Davis is back and trying to convince the courts to overthrow the government again. Twitter is banning fan accounts for no reason and getting fun letters in response. And the South Dakota Attorney General is ducking behind the law to protect his political career. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction®, Lexicon and Nota.
It seems like only yesterday that we started this humble podcast. For our 200th episode we've got former co-host Elie Mystal back to bring the whole crew from the whole history of the show together for a wide-ranging discussion about law school debt and an AccessLex study about the notable difference in the debt loads of Black, Hispanic, Asian and Multiracial law school graduates, the changes to the industry over the course of the show, and an exciting update on what Elie's been up to. Come for the content, stay for the sound effects! Special thanks to our sponsors, Paper Software, LexisNexis® InterAction®, Lexicon and Nota.
A lawyer ran afoul of a cat filter and gave the country a light-hearted moment of escapism. Then someone remembered the sordid details of the brouhaha over his time as a prosecutor. We also talk about law school and its impact on salaries, Trump's amazingly bad yet nonetheless successful impeachment lawyers, and the impending February bar exam. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction®, Lexicon and Nota.
Oh, what happened last week? Well there was the lawyer having sex on Zoom during a criminal hearing for a gang leader. And there was Columbia Law School, as well as Michigan, sounding the alarm about mental health issues mounting as the schools pushed forward without noticing the toll it was taking. Frankly, that's a pretty good microcosm of the whole pandemic. Also some Trump lawyers manage to come across as incredibly sympathetic in gossip piece that they in no way leaked themselves... no sir! Special thanks to our sponsors, Paper Software, LexisNexis® InterAction®, Lexicon and Nota.
What does the Constitution really say about impeachment? It's not crystal clear, but what is obvious is that some people claiming to divine the "plain meaning" have already reversed themselves making you wonder just how "plain" these meanings can be. Meanwhile, the Biglaw revolving door or lack thereof continues to spin for former administration officials. Stepping away from the political scene, we have Biglaw partners attacking associates and a frank conversation about what it means to be an effective lawyer-manager. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
Giuliani caught himself a billion dollar headache after telling anyone who would listen that Dominion was fixing the election (they weren't). Paul Davis is asking a court to junk the federal government and turn it over to the Hobbits (they won't). And Jeffrey Clark is accused to trying to convince Trump to pull a coup... now he's hoping Biglaw will take him back (they shouldn't). Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
Can the Senate try a former president on an impeachment charge? Must a fact witness recuse themselves from serving as an advocate in a trial? The answer to both of these questions is obviously, "yes" and yet the last week involved a number of right-wing outlets trying to muddy the waters up to and including Jonathan Turley demanding that everyone stop citing Jonathan Turley. Joe and Kathryn also discuss the Supreme Court's race to approve executions in Trump's waning days and the state of the legal industry entering 2021. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
Coup Coup Ka-Choo

Coup Coup Ka-Choo

2021-01-1331:33

A lot has happened since we last convened, and we're here to talk about it. What's the standard for "incitement"? How does the 25th Amendment work? Can Amazon really kick Parler off their servers? All that and an update to last week's discussion about Biglaw's involvement in Trump's effort to pressure Georgia officials to "find" votes. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
As the post-election drama gets even weirder, Biglaw partner Cleta Mitchell turned up on a call seeming to represent Donald Trump as he attempted to solicit election interference from Georgia officials. Joe and Kathryn revisit the difference between professional consequences and business consequences when it comes to lawyers and boggle over how a lawyer could let a call like this happen without confidentiality provisions. Also, Josh Hawley and Ted Cruz have elite law school educations and their classmates wish they'd act like it. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
Joe and Kathryn discuss the big stories in law this past year. Is it all COVID? Yes, it is. But there were several different repercussions to discuss from firm business to office architecture to bar exams. And there was a new Supreme Court justice whose nomination nearly destroyed the White House. So there was that. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
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Comments (6)

Debra Dukes

Another Awesome Podcast and Security is your first priority and everything is not always straight forward. Thanks so much for sharing Deb .👍✌

Apr 9th
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Debra Dukes

Excellent Podcast and no one has to be stuck with one place and can move on to some where else later in time.Things change Quickly. Thanks so much for sharing Deb 😉✌

Apr 9th
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Derek Odom

haha trump bad orange fans stoopid

Aug 15th
Reply (1)

charles collinson

Very insightful generally. As a non-American though it can be somewhat opaque due to jargon and a requirement of assumed knowledge re popular American personalities. Still love it though even though it isn't Law in Action

Jul 10th
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Jeff Ton

This podcast is outstanding. I am not a lawyer, yet this is funny, insightful, educational, and wonderfully irreverent!

Jan 11th
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