Above the Law - Thinking Like a Lawyer

Legal Talk Network

Above the Law - Thinking Like a Lawyer

  • 34 minutes 10 seconds
    Rankings Drama Hits Law Schools, Law Firms

    And a crazy billing story.

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    It's that time of year where publications look deep into the souls of complex, nuanced legal institutions and assign them a fixed ranking. U.S. News and World Report issued its latest law school rankings and for the first time ever, Yale has lost its death grip on first place. The rest of the T14 -- which isn't really a thing at this point, since its whole argument for being was that the same 14 schools never fell out of the top 14 -- is also topsy-turvy, with the HYS-CCN model scrambled by the likes of Penn, Duke, and UVA. Are the rankings just busted, or are they catching up with a new reality? At the same time, Vault put out its rankings of law firms based on prestige and while the list looks familiar, the firms that made deals with Donald Trump took a hit. And none more than Paul Weiss, which seems to be taking much more reputational heat for these deals than the other capitulators. Finally, we talk about billing and the time-space continuum.

    15 April 2026, 3:20 pm
  • 31 minutes 6 seconds
    Trump's Awful No Good Day At The Supreme Court

    And Pam Bondi earned a pink slip.

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    The Supreme Court heard oral argument on Trump's effort to erase birthright citizenship from the Constitution via executive order, and it went as poorly for the administration as expected. But that didn't deter Trump from taking the unprecedented step of attending the argument personally. The president didn't last the whole time though, heading for the exit mid-proceeding as it became clear that his Solicitor General was getting boatraced by the competition. Afterward, the graduates of the Twitter School of Law ran to their computers to complain about Justice Jackson because... racism. Meanwhile, a Texas judge earns viral infamy for sniping at an IT worker and then doubled down on arrogance. And the Attorney General got canned.

    8 April 2026, 3:15 pm
  • 30 minutes 44 seconds
    Afroman And Elon Had Very Different Trial Experiences

    And the DOJ had an atrocious week.

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    Rapper turned First Amendment hero Afroman took his frustration over a heavy-handed police raid on his Ohio home and turned it into music. When the officers sued him for millions for hurting their feelings, a jury told them to take their $3.9 million demand and pound it like lemon pound cake. Unfortunately, what happened to Afroman happens all the time in America and there's not a lot being done to stop it. Meanwhile, the Department of Justice had a rough week, catching headlines for lowering hiring standards and running interference to protect Jeffrey Epstein's accomplices. That's before a judge literally tossed a DOJ lawyer from the courtroom over the U.S. Attorney's Office operating without any legal oversight. And Elon Musk went into court to argue that he wasn't fraudulent, he's just stupid. Jurors decided it's possible to be both

    25 March 2026, 2:30 pm
  • 37 minutes 5 seconds
    AI Hallucinations And Judicial Derangements

    And Legalweek talk.

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    It was Legalweek last week, and we discuss the big happenings from the show -- which is pretty much all AI talk -- but while we saw splashy product announcements about the future of working as a lawyer within an AI-enhanced workflow, an assistant U.S. Attorney got bounced from the job for letting AI run too much of the workflow. But the most imaginative large language models wouldn't have predicted opening a federal judicial opinion with the phrase "swinging dicks." That takes a special level of deranged that's pure Judge Lawrence VanDyke. The certified non-qualified occupant of a Ninth Circuit seat kicked off an official taxpayer funded rant about wokeness framed as vulgar trolling to appeal to the White House. His colleagues -- most of them anyway -- issued a plea for decorum, that went basically nowhere.

    18 March 2026, 2:45 pm
  • 31 minutes 53 seconds
    John Roberts Suffers The Slings And Arrows Of Pure Rage Trump

    And the bar examiners prove once again that they don't care about anyone but themselves.

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    After striking down the Trump administration's tariffs, Chief Justice Roberts has earned nothing but disrespect and abuse from the president he put in power. From a hearty handshake and Trump telling him, "Thank you, won't forget it" last year to getting bypassed in the handshake line at this year's State of the Union, it's been a long strange trip for Roberts. And yet he wouldn't have it any other way because for Roberts, ritualistic humiliation is a small price to pay for dismantling the Voting Rights Act. A blizzard took out the Northeast right before the bar exam and examiners... did not care. And another wrinkle in the AI legal advice discussion, with a different court ruling that chat prompts used in preparing a legal defense are shielded from discovery.

    4 March 2026, 4:15 pm
  • 35 minutes 20 seconds
    Supreme Court Airs Dirty Laundry

    Things get testy down at the courthouse.

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    The Supreme Court struck down Donald Trump's effort to use IEEPA to impose arbitrary tariffs across the world and in the process delivered around 170 pages of epic shade. Meanwhile, the administration informed prospective military lawyers that they're no longer allowed to attend the top law schools in the country, presumably because the Pentagon is getting tired of lawyers who can actually identify a war crime when they see one. Finally, the public got another look at how lawyers do their job and predictably overreacted. Les Wexner's attorney got caught on a hot mic giving his client... blunt advice and a court ruled that "wings" don't mean "wings."

    25 February 2026, 4:45 pm
  • 31 minutes 44 seconds
    AI Takes The Blame, Epstein Takes The Careers

    And law students finally get some good news.

    With a Biglaw firm officially blaming staff layoffs on AI, what is it going to look like if and when layoffs come for lawyers? It's unlikely to look the same for every Biglaw business model. And it could look even more different for boutiques. Embattled Goldman Sachs chief legal officer Kathryn Ruemmler announced that she'd be leaving her role after her Jeffrey Epstein connections came out in the last file dump. And we found out that the late Ken Starr thought of Epstein as a brother, which tracks. We also saw the first majr firm strike a blow against the expedited law school recruiting cycle.

    18 February 2026, 3:30 pm
  • 37 minutes 21 seconds
    Epstein Fallout Rocks Legal As Admin Tries To Deflect From ICE

    This is likely only the beginning of the reckoning.

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    As predicted on last week's episode, Brad Karp left the top post at Paul Weiss following the disclosure of friendly correspondence with Jeffrey Epstein. But Karp wasn't the only Biglaw lawyer in the files, nor were his conversations the most troubling. A former Clifford Chance trainee drafted a sex contract with Epstein, Goldman Sachs GC Kathy Ruemmler made a joke with Epstein that normally you wouldn't make with someone who already pleaded guilty to child prostitution charges, and Alan Dershowitz managed to drag Paul Weiss into the case again when people found sex tourism legal analysis in the files from a now-Paul Weiss partner... passing along Dershowitz's thoughts.

    Meanwhile in Minnesota, a DOJ lawyer called out the broken immigration system before literally asking to be held in contempt so she could get some sleep. which is what happens when an administration breaks the legal system so thoroughly that even its own lawyers can't keep up with the chaos. And legal tech took a financial jolt as Anthropic announced its entry into the legal tech space.

    11 February 2026, 4:00 pm
  • 27 minutes 17 seconds
    Accountability In An Age Of Unaccountability

    Between Epstein files and ethical breaches, a reckoning seems so close yet so far.

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    A flurry of stories hit the legal world all at once last week, with the government responding to another ICE killing in Minnesota by... arresting journalists and dumping Epstein files. And while the Epstein files don't represent the entire universe -- or, perhaps, even the most relevant -- files about Epstein's dealings, they have set off downstream shockwaves in the legal industry. Meanwhile, another judge learns that we frown upon judges arbitrarily handcuffing lawyers. Finally, it's time for the profession to come together behind helping our self-regulators hold Trump administration lawyers accountable. The ethical breaches keep adding up and while there's never going to be the warranted criminal law reckoning, we can at least make sure our profession is protected by disbarring all these administration lawyers getting caught affirmatively lying to courts... and worse.

    4 February 2026, 5:45 pm
  • 31 minutes 12 seconds
    Trump's Cook Case Looks Cooked

    After taking a hacksaw to nearly a century's worth of congressionally approved independent agencies, the Supreme Court appeared to hit a wall during oral argument over Trump's attempted firing of Federal Reserve Governor Lisa Cook. The Unitary Executive Theory is all fun and games until the justices start worrying about their personal finances. Meanwhile, the Department of Justice now takes the position that the text of the Alien Enemies Act would have authorized the unilateral deportation of the Beatles and the Rolling Stones for being part of the "British Invasion." Finally, Willkie Farr hit with massive lawsuit alleging the firm helped out a former client's fraud. 

    29 January 2026, 8:55 pm
  • 30 minutes 13 seconds
    Alienating Our Affections

    Supreme Court hacking and the end of a Biglaw era.

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    The Biglaw world continues to watch single-tier partnerships slip away with Sullivan & Cromwell joining the income partner trend. Will the industry have any single-tier firms left by the end of the year? Also former Senator and current Hogan Lovells lawyer Kyrsten Sinema tagged with an alienation of affection tort from her former bodyguard's soon-to-be ex-wife. Come for the bad soap opera plot, stay for the MDMA-inspired psychedelic trip allegations. Finally, the Supreme Court got hacked, but federal law enforcement managed, a couple years after the fact, to track down the culprit whose social media handle was "ihackedthegovernment." Cracker jack work all around.

    21 January 2026, 4:00 pm
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