Above the Law - Thinking Like a Lawyer

Legal Talk Network

Above the Law - Thinking Like a Lawyer

  • 29 minutes 15 seconds
    The First Law Of Whoever Smelt It, Dealt It

    The New York courtroom where Donald Trump is on trial is apparently unpleasant. Is that the former president's doing? The world may never know. Also, the fact that the racists are coming for Justice Ketanji Brown Jackson isn't surprising -- but who gave them the green light? And, a judge learns a valuable lesson about hot mics and why you should always assume someone is listening.

    1 May 2024, 3:20 pm
  • 38 minutes 20 seconds
    Alienating The Judge And Jury Seems Like A Bold Strategy For Trump

    Let's see if it pays off as well as a billionaire covering up an affair.

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    Donald Trump's hush money trial kicks off after a week of Trump alienating everyone involved in the process by refusing to respect basic decorum and attempting to skirt the gag order by arguing that RTs aren't endorsements. The Am Law 100 is also out and we talk through some of the key takeaways and Judge Ho tried to defend his take on forum shopping and it's... not good.

    24 April 2024, 2:20 pm
  • 39 minutes 49 seconds
    A Big Week For Not Knowing The Law

    We continue breaking down the U.S. News & World Report law school rankings and the chaos that its new methodology introduced. And we know exactly who to blame for breaking these rankings. Elon Musk recently went in for a deposition defended by Quinn Emanuel's Alex Spiro and earned a motion for sanctions. And a Berkeley Law protest goes viral, but all the "free speech" talk misses the mark.

    17 April 2024, 3:00 pm
  • 32 minutes 25 seconds
    US News Rankings Continue Slide Into Bonkerstown

    Haphazard ranking serves as a reminder that service hasn't quite found the right formula after law schools started withdrawing their data. 

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    The full U.S. News & World Report law school rankings are out and they are... something. Duke is tied with Harvard? NYU nearly drops out of the top 10? Are we just hurling darts at a dartboard here? In a sense, yes. At least ever since law schools started withdrawing their cooperation. Meanwhile, a Biglaw firm tried to promote healthy sleep despite being the primary reason associates don't sleep and Trump's bond in the NY civil fraud case looks a little suspect.

    10 April 2024, 2:45 pm
  • 35 minutes 29 seconds
    Supreme Court, Disney, And Trump -- A Wild Week In Review

    Breaking down the action-packed final week of March.

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    Special guest Liz Dye joins us to talk about the week that was. First, we delve into the abortion pill oral argument where even most of the conservatives scoffed at the right-wing effort to let an Amarillo courthouse second-guess the FDA on science. Almost as though the Chief Justice just tried to crack down on that practice. But along the way Neil Gorsuch showed off his (lack of) research skills and Alito and Thomas sought to revive the legal legacy of a chronic self-pleasurer. Then we check out the end of the showdown between Ron DeSantis and Disney that looks like a major victory for DeSantis until you, ya know, actually read the settlement agreement. Finally, Trump's got another gag order and went straight to work setting up the inevitable contempt hearing over it.

    3 April 2024, 3:20 pm
  • 33 minutes 29 seconds
    Did Joe Biden Get More Standing Ovations At The State Of The Union Or On Cold Call

    Conservative justices can't stop telling on themselves when it comes to forum shopping.

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    Joe Biden says he got a standing ovation for trying to BS his way through a law school cold call. We call BS on that. Also Cooley Law School finds itself at the bottom of the heap when it comes to bar passage rates again. At some point, the ABA has to step in... right? Finally, the nation's judges did something about politicized forum shopping and right-wingers can't stop help but crying about how they miss their cheat code.

    20 March 2024, 3:00 pm
  • 30 minutes 52 seconds
    Biglaw's Parental Leave Backslide

    Parental leave and a bumbling Supreme Court highlight the week.

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    Are law firms going to get stingy with parental leave? While most firms report solid revenue, sparking resentment over a few weeks of leave seems like a weird strategy, but DLA Piper recently cut back on the leave available to non-birthing parents. It's a first as far as Above the Law can tell, but will it be the last? Also, the Supreme Court screwed up its metadata, committing an error that would get junior associates fired. And finally, Joe Biden offered the Court some tough talk... by quoting them.

    13 March 2024, 3:30 pm
  • 36 minutes 1 second
    Too Rich For Trump's Blood

    Bond... unaffordable cash bond.

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    Donald Trump needed to put up some cash before E. Jean Carroll can begin executed the judgment she has against him. Instead, Trump tried to argue that he was simply too rich to put up a bond. The argument was not persuasive, but it did get Above the Law mentioned on Stephen Colbert. We also discuss the Supreme Court taking up the Trump immunity case even though there's not a chance they'll endorse his theory. And when should we just let bygones be bygones with a lawyer's bigoted past? A law professor says everyone is way too hard on Thomas's new clerk just because she got fired from a past right-wing organization after racist messages came to light.

    6 March 2024, 4:00 pm
  • 29 minutes 30 seconds
    Return To Office Policies Attempt To Catch Bees With Vinegar

    Another firm begins cracking down on office attendance through punishment. Law firms want lawyers back in the office, but if they don't want associates spending that office time fielding calls from recruiters, it's time to consider incentives that treat lawyers like professionals. A Bush judge questioned Trump's manhood and Amy Wax fights back against the slap on the wrist Penn prepared to give her.

    28 February 2024, 3:30 pm
  • 32 minutes 41 seconds
    Hard To Say Where Arrested Lawyer Went Wrong But Posting About Selling Drugs Probably Didn't Help

    The Alabama Supreme Court ruled that frozen embryos are living children for the purposes of Alabama law. And while there are a lot of serious implications for the future of family fertility efforts, let's take a second to consider how much this absolutely breaks the state's rule against perpetuities. An attorney in the YSL case faces gang charges herself. She's made some... marketing decisions. Hogan Lovells must ponder whether invoking the wrath of ancient Roman poltergeists are worth a prime office location. Has anyone considered just working from home?

    21 February 2024, 3:45 pm
  • 32 minutes 58 seconds
    It Pays To Be A Delusional Hack

    Even-keeled professionalism may pay off over time, but being a mercurial lunatic always pays off now.

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    Former Trump aide Stephen Miller used Super Bowl week to launch a stunt employment discrimination complaint against the NFL. The rule in question is the subject of a much better legal challenge that it doesn't do ENOUGH to address anti-Black discrimination, but nothing about Miller's legal moves have much connection to reality -- up to and including the fact that he IS NOT A LAWYER. The Supreme Court heard oral argument in the insurrection case and Chief John Roberts hasn't shown his complete ignorance of basic facts about American elections since Shelby County. Finally, Judge Aileen Cannon receives motion to reconsider, the boldest litigation move of all since it requires counsel so confident in their eventual success that they're willing to call the trial judge a moron.

    14 February 2024, 4:40 pm
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