Above the Law - Thinking Like a Lawyer
235 episodes - English - Latest episode: over 2 years ago - ★★★★ - 302 ratingsThinking 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.
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Episodes
This Is Not A First Amendment Thing, Man
October 20, 2021 11:00 - 33 minutesA 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 t...
Judges Gone Wild
October 13, 2021 14:45 - 28 minutesThis 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.
Supreme Court Preview: It Ain't Gonna Be Pretty
October 06, 2021 11:00 - 35 minutesWhat'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.
That's Not How Contracts Work
September 29, 2021 11:00 - 23 minutesDid 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...
A Trip Down Memory Lane
September 22, 2021 11:00 - 30 minutesJoe 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 i...
Lawyers Behaving All Kinds Of Badly
September 15, 2021 11:00 - 29 minutesWe 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...
Neither Novel Nor Procedural Nor Questions
September 08, 2021 11:00 - 34 minutesIn light of the Supreme Court's abortion ruling, we talk about the nature of the mysterious shadow docket and how it's been transformed over the last few years. The dismantling of Roe is in full swing, reigniting Court expansion talk, which we think is a bad move. Joe and Kathryn also check in on the annual law school scholarly impact ratings to see which law school rules the Ivory Tower. Special thanks to our sponsors, Lexicon and Nota.
That's Not What We Meant By Remote Work
September 01, 2021 11:00 - 26 minutesBig firms are experimenting with hybrid and flexible office models in the hopefully waning days of COVID. And there's a lot of momentum behind transitioning this into a permanent 3- or 4-day work week long term. Except there are some of you out there screwing this up for the rest of us and intentionally not getting the vaccine in an effort to stay home thereby confirming why some firms think everyone needs to be forced back to the office. We also discuss the sentencing -- if you can even call...
Not A Great Look For Law Professors
August 25, 2021 12:00 - 29 minutesOn the latest episode of Thinking Like A Lawyer, Kathryn is joined by Above the Law assistant editor Chris Williams while Joe heads to the latest legal tech conference. Chris and Kathryn discuss the English lawyer who died from COVID, but not before he took to social media to decry the vaccine and downplay the risk of COVID. They also chat about the law professor (from ASS Law, because of course) that sued over a vaccine mandate. And, seriously, why is it so damn hard for law professors to av...
How Much Would Biglaw Have To Pay You To Stay?
August 18, 2021 12:00 - 30 minutesAs demand for transactional lawyers continues to rise, one firm is reportedly offering big bonuses to attorneys willing to stick it out in key practice areas. Rudy Giuliani is now on Cameo in case you were looking for the gift no one wanted. And in-house counsel didn’t have as good a year as they’re used to. Special thanks to our sponsors, Lexicon and Nota.
It's Always The Law Professors You Think It's Going To Be
August 11, 2021 13:00 - 29 minutesJoe and Kathryn chat about the lawsuit against George Mason University brought by GMU Law School -- better known by their unfortunately chosen name "ASSLaw" -- law professor Todd Zywicki over his refusal to get vaccinated. It's a remarkably unimpressive complaint. Cravath, in the midst of many changes, announces a new flexible office work policy based around a floating 6 remote work days per month. Could this become the new normal? And Rudy Giuliani is still broadcasting to the world that he ...
Cooler Heads Prevail?
August 04, 2021 14:30 - 26 minutesJoe and Kathryn discuss bar exam horror stories. The last -- hopefully -- pandemic bar exam continued to bring calamity and examiners seem largely unfazed that applicants are being put through glitches and computer crashes over it. Amy Chua remains in the headlines, but this time because rumors suggest that the school might punish students for meeting with her. And we talk about more Biglaw firm reopenings after one firm announced that they'll be cutting off building ID cards for the unvaccin...
When Judges Attack
July 28, 2021 15:05 - 27 minutesIrritating judges isn't recommended, but it really went off the rails for a couple of lawyers in the past few days. In Missouri, an attorney told off a judge and landed himself a week in jail. In NY, a lawyer kept picking at a federal judge long enough that the judge absolutely lost it on him. We also talk about the pervert calling libraries across the country asking them to read him a Supreme Court case while he masturbates. And we talk about firm office reopenings -- is it time for firms to...
Clients Need To Mind Their Own Business About Returning To The Office
July 21, 2021 13:00 - 28 minutesThere are limits to the customer always being right. Special thanks to our sponsors, Lexicon and Nota.
The Greatest Legal Research Hack
July 14, 2021 16:50 - 26 minutesWhy spend all that money on fancy legal research tools? Special thanks to our sponsors, Lexicon and Nota.
Supremely Disappointing
July 07, 2021 13:00 - 28 minutesGet used to this out of the Supreme Court. Special thanks to our sponsors, Lexicon and Nota.
So, You're Saying Billing To Non-Existent Matters Is Frowned Upon?
June 30, 2021 13:00 - 27 minutesThis was a doozy of an ethical issue spotter. Special thanks to our sponsors, Lexicon and Nota.
Supreme Court Treats NCAA Like Amateurs
June 23, 2021 13:00 - 26 minutesThat wasn't even close. Special thanks to our sponsors, Lexicon and Nota.
Associate Pay Jumps To $205K
June 16, 2021 13:00 - 30 minutesIn case you were doubting how hot the legal market is. Special thanks to our sponsors, Lexicon and Nota.
FedSoc Babies Won't Stop Whining
June 09, 2021 16:17 - 28 minutesThey tried to keep a student from graduating... next year they'll be writing your laws! Special thanks to our sponsors, Lexicon and Nota.
No One's Where They Expected To Be
June 02, 2021 13:00 - 26 minutesThe legal industry is changing in unexpected ways this year. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
Summer Vacations? Maybe Not For Lawyers
May 26, 2021 13:00 - 28 minutesFirms changing up vacation policies worrying associates. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
Yes, You Still Need To Check Your Zoom Name Before Logging In
May 19, 2021 14:54 - 25 minutesYou'd think after a year of this, people would be better at it. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
Law School Professor Just Won't Stop Begging To Use Racial Slurs
May 12, 2021 15:03 - 27 minutesAt a certain point, you have to wonder why he's willing to keep charging up this hill. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
Rudy Giuliani Is The Dumbest Lawyer Ever, Right?
May 05, 2021 14:25 - 27 minutesObviously, 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.
Don't Throw Clients Under The Bus, Unless They're Protesters
April 28, 2021 12:00 - 28 minutesAnd if you do, can we interest you in this souvenir hat? Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
Are Billing Rates Too Darn High?
April 21, 2021 20:45 - 29 minutesIt probably depends on who we're talking about. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
The First As Tragedy, Then As Farce
April 14, 2021 17:33 - 23 minutesYale Law School seems to have a recurring issue.
Does The T14 Even Matter? Asking For Some Hoyas.
April 07, 2021 14:00 - 29 minutesUS News drops Georgetown from top tier.
What Does It Mean To Be A Market Leader?
March 31, 2021 14:00 - 31 minutesKeeping up with the competition matters.
Are We Still Citing Judge Kozinski As An Expert?
March 17, 2021 17:32 - 32 minutesThe former federal judge resigned in disgrace... but he's still a media darling.
Who Wins The Jingle War: Cellino Or Barnes?
March 10, 2021 16:00 - 29 minutesEach half of the former firm has a new phone number.
No, You Can't Do That
March 03, 2021 18:07 - 31 minutesSeriously, we told you people you can't do that.
Elie Mystal's Back: The Prodigal Podcast Host Returns
February 24, 2021 21:00 - 44 minutes200th Episode Spectacular!!!
Unfiltered Legal Talk! Uncatfiltered Anyway
February 17, 2021 15:00 - 30 minutesWe're not live but also not cats.
The Ecstasy And The Agony Of Pandemic Law
February 10, 2021 18:56 - 26 minutesEverything wrapped into one.
Text Is Really Only Part Of Context
February 03, 2021 16:00 - 26 minutesAdventures in impeachment linguistics!
Rudy's Dominion Defamation Dollars Debacle
January 27, 2021 17:00 - 30 minutesWhen will all of this election fallout finally end?
An Impeachment So Nice They Did It Twice
January 20, 2021 16:00 - 29 minutesThe second impeachment of Trump's tenure raises easily answered questions.
Foley & Lardner's Wild Week
January 06, 2021 18:00 - 30 minutesThe firm says Cleta Mitchell went rogue, but that's only the start of their issues.
Finally, We're Finished With 2020
December 30, 2020 16:30 - 32 minutesThings have to get better from here, right?
No Second 'Chances'
December 23, 2020 16:30 - 26 minutesYou can have a second act, but you don't get a consequence-free mulligan.
I Wonder If The Big City Lawyer Will Choose Love Or Career?!?!?
December 16, 2020 17:49 - 32 minutesIt's made-for-cable holiday movie season, so we tackle the burning question.
'Tis The Season For Law School Exam Screw Ups
December 09, 2020 15:00 - 30 minutesAlso, what to get for the lawyer that has no time for anything.
Ready... Aim... Bonuses!
December 02, 2020 19:24 - 29 minutesBiglaw, law school, and firing squads all in one show.
What Would Be Better Than The Bar Exam?
November 25, 2020 15:00 - 34 minutesAs it turns out, there are a lot of better ideas out there.
Jones Day Bets On Donald Trump As Half-Baked Election Challenges Crumble
November 18, 2020 19:06 - 28 minutesCould this be the beginning of a mass exodus?
Welcome To Four Seasons Legal Podcast
November 11, 2020 15:00 - 29 minutesSometimes, you just need to protect your IP better.