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.
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Also... Matt Gaetz as Attorney General is something we have to contemplate?
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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
The race is on.
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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.
That Governing Document Can't Stop Me Because I Can't Read!
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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.
Also, Tiffany may be number 1 in his heart (she's not), but she's also not number 1 in her class.
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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.
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.
From young attorneys to the Chief Justice, a lot of lawyers are dropping the ball.
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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.
Why not?
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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?
The majority of the Supreme Court keeps diluting bribery laws and Eric Adams had best hope they aren't done yet.
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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.
Why do professors think everyone has to personally experience the facts to understand the law?
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Hardcore porn shows up in a law school lecture. You know, the rest of us managed to learn the relevant standards for obscenity laws within the context of the First Amendment without visual aides. Also, Diddy's lawyers forgot how track changes works with embarrassing results. And Judge Aileen Cannon doesn't know her Founding Fathers... how a flubbed disclosure form speaks to Originalism's cynical lie.
Is bigger better?
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Law firms are merging like crazy with announcement after announcement after announcement. What's driving this big push and is this just going to be the way of the future? Also a judge invites us to meet the new racist, same as the old racist and we discuss the next must have for anyone taking depositions.
This week's episode of Thinking Like A Lawyer is all about the wild decisions made by federal judges. First up is a Trump judge doing Trump judge things -- but don't tell him that. There's a Ninth Circuit judge that keeps using his dissents to make political stump speeches, much to the chagrin of his colleagues. And the Second Circuit comes out against libraries, because we live in the dumbest timeline.
It's not so easy to bring everyone back.
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Latham announced a new 4-day office work week, bucking the 3-day consensus, but attorneys are wondering where they plan to put everybody. Meanwhile Milbank is so eager to get to work that they're inviting first-years to start early. Another firm joins the non-equity partner ranks, and the DOJ files an antitrust case with some of the hottest docs ever.
Just because you can make an argument, doesn't mean you should.
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Disney's lawyers made headlines last week, but not the good kind like you want. After lawyers argued that a free trial to Disney+ required a wrongful death suit to move to forced arbitration, we wondered how everyone from outside to inside counsel dropped the ball here. Immediately after recording, Disney backtracked. Also, is Skadden falling behind? And we talk legal technology!
Milbank is leading the associate compensation charge -- again -- with summer bonuses. The associate there must be thrilled... Unlike DLA Piper's associates. That firm changed course on office attendance and it's going over like a lead balloon. Elon Musk also changed course, because when he told advertisers to go F themselves he really meant, "if you don't do what I want you to do I'll sue you."
Talking Supreme Court term limits (they're good!), bar exams (they're bad!), and a law professor's conception of free speech (it's ugly!).
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The bar exam is officially past, now we wait to learn passed. This year's examination included dehydrating applicants and examinees missing out on their family's Olympic success. While bar exam changes are coming -- and law students can get paid to help -- at the end of the day it's a giant boondoggle pushed by people who've never even taken the test. With Supreme Court term limits on the table, let's talk a bit about how those work. And Jonathan Turley offers a disturbing look into his bizarro view of free speech.
Should we pay associates more and partners less? That's what this client thinks. Nikki Haley is threatening legal action against her supporters. Top notch politicking! Panel thinks that, maybe, a NY judge who threatened to shoot teenagers shouldn't stay on the job.
J.D. Vance brought Yale Law back into the spotlight.
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As soon as J.D. Vance found himself on the GOP ticket, everyone who remembered him from his Yale Law days shared their thoughts and brought out their receipts. “JD’s rise is a triumph for angry jerks everywhere,” isn't a ringing endorsement. The campaign also tried to pull a fast one with some tricky phrasing about his time on the Yale Law Journal. Kirkland & Ellis adopts a carrot and stick approach -- rewarding associates for recruiting and punishing partners for leaving. And we talk about the Baldwin case.
They're not sending their best.
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The Department of Justice has appointed special counsel to investigate politically charged cases for over a century. But Judge Aileen Cannon decided she has found a nugget of wisdom that every judge since the late 1800s overlooked and jettisoned Trump's classified documents case claiming that Jack Smith's was unconstitutionally appointed. Another of Trump's appointees stepped down after the circuit compiled nearly 1000 pages of misconduct allegations against him. And Northwestern's overwhelmingly white faculty isn't white enough for some and they've filed a lawsuit.
Cannon kindred Northwestern.
Where are those summer bonuses? Don't give up hope yet.
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Law firms are rolling in dough as partners are charging more and billing more. But comparing Biglaw to the NBA? Come on, New York Times. Despite all the money, it's not trickling down to associates in the form of mass summer bonuses yet, though there may still be some green on the horizon. And why are certain people so angry about testing reform?
Textualism and Originalism evaporate in face of partisan objectives.
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The Supreme Court closed out its season sidestepping text, precedent, and history -- the trifecta! -- to invent a new form of immunity to bail out Donald Trump. Weird, because so many of them were asked about this precise issue under oath and offered very different analysis. We also got January 6 legalized -- over the fiery dissent of Amy Coney Barrett -- the foundation of the administrative state thrown into chaos -- and a blessing for anyone who wants to make it illegal to be homeless.
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A very low-density podcast. Is that what it's like to think like a lawyer? Pass.
You may choose to major in subjects that are considered to be traditional preparation for law school, such as history, English, philosophy, political science, economics or business, or you may focus your undergraduate studies in areas as diverse as art, music, science and mathematics, computer science, engineering, https://legalfav.com/
@19:31: The obligatory invocation of "diversity issues" here was pretty flippantly made, given the seriousness of the accusation. As good lawyers, you avoided making a precise claim, but the implied accusation was clear: that bias exists in the tests. However, this undercuts other claims that the bias exists in society (such that it should be accurately reflected in a test). Moreover, neither of those competing claims addresses why such biases largely disappear when we control for socio-economic status. Never mind all of that, though; you have successfully virtue-signalled.
Another Awesome Podcast and Security is your first priority and everything is not always straight forward. Thanks so much for sharing Deb .👍✌
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 😉✌
haha trump bad orange fans stoopid
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
This podcast is outstanding. I am not a lawyer, yet this is funny, insightful, educational, and wonderfully irreverent!