Best Above The Law Podcasts (2024)

1
Biglaw Bonus Season Arrives! 32:49

1h ago32:49

32:49

The race is on. ----- 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 d…

1
Anti-Resistance 17:27

11h ago17:27

17:27

When you stop fighting, you start flowing. This episode dives fairly deep into the cause for action. We often are quick to assign a label to how we feel or except a label diagnosis for a behavior that has become repetitive in our lives. In this episode, I attempt to help rationalize feelings. What rises in your life or what becomes normal or consis…

1
Sir Sam Alito Decides No Pesky 'Constitution' Governs Him 33:03

32m ago33:03

33:03

That Governing Document Can't Stop Me Because I Can't Read! ----- 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, th…

1
There's No Studying In Here, This Is The Library! 33:14

9d ago33:14

33:14

Also, Tiffany may be number 1 in his heart (she's not), but she's also not number 1 in her class. ----- 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 "n…

1
In 2024 The GOP Is A Big Fan Of Teen Pregnancy 31:17

7d ago31:17

31:17

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 r…

1
Learning How To Be A Professional 40:37

14d ago40:37

40:37

From young attorneys to the Chief Justice, a lot of lawyers are dropping the ball. ----- 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 obligatio…

1
Judge Decides To Just Make Up The Rules As She Goes Along 19:40

1M ago19:40

19:40

Why not? ----- 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…

1
Eric Adams Must Really Hope Supreme Court Is Serious About Blowing Up Bribery Laws 35:12

28d ago35:12

35:12

The majority of the Supreme Court keeps diluting bribery laws and Eric Adams had best hope they aren't done yet. ----- 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 ACT…

1
Debbie Does The Dormant Commerce Clause 31:54

1M ago31:54

31:54

Why do professors think everyone has to personally experience the facts to understand the law? ----- 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 …

1
The Urge To Merge 33:09

1M ago33:09

33:09

Is bigger better? ----- 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.…

1
What is up with these federal judges? 34:50

2M ago34:50

34:50

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 aga…

1
Biglaw's Back To Office Misadventures 41:59

2M ago41:59

41:59

It's not so easy to bring everyone back. ----- 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 …

1
Disney Lawyers Learn That Discretion Is The Better Part Of Valor 35:38

2M ago35:38

35:38

Just because you can make an argument, doesn't mean you should. ----- 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. Immediate…

1
Who Will Join Milbank's Summer Bonus Party? 32:59

3M ago32:59

32:59

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 yo…

1
Feeling is the Secret pt. 1 10:31

3M ago10:31

10:31

The feeling is the secret. “To impress the subconscious with the desirable state, you must assume the feeling that would be yours had you already realized your wish. In defining your objective, you must be concerned only with the objective itself.” “It is easier to ascribe your feeling to events in the world than to admit that the conditions of the…

1
The Art of Doing 10:35

3M ago10:35

10:35

The art of doing is the secret elixir of life. Time is an illusion. Choice is a cancer. Self-realization opens up your avenue of expression. Enjoy.

1
Another Bar Exam In The Books 38:39

3M ago38:39

38:39

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!). ----- 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…

1
Life, Above The Plain 18:51

4M ago18:51

18:51

Individuation. Self actualization. Self realization. Individuation is the way. The process of going within to solve the major questions in your life. Your unique lifestyle is already within you. You must awaken it and release it upon the world.

1
Overpaid Partners, Nikki Haley Lashes Out, And Judge Might Want To Chill 33:12

3M ago33:12

33:12

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.By Legal Talk Network

1
Yale Law School Not Sending Its Best 40:07

4M ago40:07

40:07

J.D. Vance brought Yale Law back into the spotlight. ----- 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 s…

1
Judges Behaving Badly 37:28

4M ago37:28

37:28

They're not sending their best. ----- 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 u…

1
Biglaw's Big Billing Bonanza 39:00

4M ago39:00

39:00

Where are those summer bonuses? Don't give up hope yet. ----- 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 horizo…

1
Meditativeness 15:50

4M ago15:50

15:50

To explain that which is simple can sometimes be almost impossible, yet if we can understand, even one simple thing in depth, we’ll have greatly expanded our capacity for comprehending the nature of the universe and of life itself. The pessimistic position of cynical skepticism, stems from fear, while the more optimistic manner of accepting informa…

1
Supreme Court Goes Out In Blaze Of Mendacity 36:51

4M ago36:51

36:51

Textualism and Originalism evaporate in face of partisan objectives. ----- 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.…

1
Law Firm Summer Bonuses Have Started... Will They Continue? 36:21

5M ago36:21

36:21

Also, the Supreme Court's really sticking it to the Fifth Circuit. ----- We've got a few firms dipping into the summer bonus pool. But so far the pack hasn't followed them into the water. The Supreme Court continues to shoot down the Fifth Circuit, recognizing that politicians can't use false arrests to squelch free speech and using the Circuit to …

1
New Law School Rankings And Old Supreme Court Drama 40:39

5M ago40:39

40:39

We talk about finding the right law school for you, and wonder how deep the SCOTUS drama goes. ----- The Above the Law Top 50 Law Schools ranking is here and this year it's putting power in the hands of the users. Meanwhile at the Supreme Court, ACB tells her colleagues that not every legal problem is a job for bad history. Sam and Martha-Ann Alito…

1
Clarence Thomas Turned Supreme Court Service Into An ATM Machine 33:22

5M ago33:22

33:22

Except ATM machines have limits. ----- When ProPublica first reported that Clarence Thomas had taken half a million in gifts, it turns out they had only scratched the surface. New financial disclosures and some number-crunching from Fix the Court show that Thomas has taken over $5 million in gifts and likely gifts. Meanwhile, Ketanji Brown Jackson …

1
Trump's Lawyers Somehow Doing A Worse Job On TV Than In Court 38:47

5M ago38:47

38:47

The Trump conviction excuse tour is not going well for his attorneys. ----- Donald Trump is now a convicted felon and everyone wants to know why his attorneys phoned in the defense. They... don't have good answers. At all. Continuing the Trump beat, Judge Aileen Cannon continued to display a delicate mix of cynical obstinance and outright incompete…

1
Sam Alito's In Distress Of His Own Making 31:31

6M ago31:31

31:31

An appeal to common sense is denied. ----- You might have thought flying a flag upside after January 6 would be the only "Sam Alito w/10 flag" story of the week, but you'd be wrong. The justice followed it up with another flag tied to the riots and got appropriately roasted over it all by Elena Kagan. Biglaw always paid well, but with partners cros…

1
You're A Grand Old Flag, You're An Upside-Down Flag 36:31

6M ago36:31

36:31

Now, this is a story all about how Sam Alito's wife got flipped-turned upside down. ----- Sam Alito flew his flag upside down in the aftermath of the insurrection. He doesn't deny that, but he blames his wife for it. Dames, amirite? Aside from the obvious ethical issues implicated by having a Supreme Court justice visibly light in the "defending th…

1
Trump Defense Team Playing Tiddlywinks At A Chess Match 33:24

6M ago33:24

33:24

Trump's attorneys seems as asleep at the switch as their client. ----- Having called Stormy Daniels a liar repeatedly in its opening, the Trump defense team was then shocked and appalled that the prosecution elicited testimony to rehabilitate her credibility. The hits didn't stop there as they attempted to get out of the mess they'd landed in by se…

1
The Gag Order Pt. 10 38:23

6M ago38:23

38:23

Donald Trump, Drake, And James Ho... punchlines write themselves. ----- Donald Trump's trial shenanigans continue. Is he going to violate the gag order again? It seems inevitable but... our prediction might shock you! But even if his unfiltered "Truthing" is behind him, there are so many other ways to show contempt of court. And a busy week in Morn…

1
The First Law Of Whoever Smelt It, Dealt It 29:15

7M ago29:15

29:15

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 al…

1
Alienating The Judge And Jury Seems Like A Bold Strategy For Trump 38:20

7M ago38:20

38:20

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

1
A Big Week For Not Knowing The Law 39:49

7M ago39:49

39:49

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 a…

1
Life is a Continuous Training 15:26

7M ago15:26

15:26

Whether exercising to be a better ____, or training for an objective/event/outcome. It is a daily process of being the best version of yourself.

1
US News Rankings Continue Slide Into Bonkerstown 32:25

7M ago32:25

32:25

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

1
Supreme Court, Disney, And Trump -- A Wild Week In Review 35:29

7M ago35:29

35:29

Breaking down the action-packed final week of March. ___________ 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 …

1
Persist & Resist: Goal Attainment 17:00

8M ago17:00

17:00

Persist in your efforts. Resist giving in to distraction, discouragement, or disorder.

1
Did Joe Biden Get More Standing Ovations At The State Of The Union Or On Cold Call 33:29

8M ago33:29

33:29

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

1
Biglaw's Parental Leave Backslide 30:52

8M ago30:52

30:52

Parental leave and a bumbling Supreme Court highlight the week. _____________________________ 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 …

1
Health & Wellness in this Modern World 9:59

8M ago9:59

9:59

Privatization. Deluded living. Outcomes and expectations. Commitments.

1
Too Rich For Trump's Blood 36:01

8M ago36:01

36:01

Bond... unaffordable cash bond. _________________________________ 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. …

1
Return To Office Policies Attempt To Catch Bees With Vinegar 29:30

9M ago29:30

29:30

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 agai…

1
Hard To Say Where Arrested Lawyer Went Wrong But Posting About Selling Drugs Probably Didn't Help 32:41

9M ago32:41

32:41

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 h…

1
It Pays To Be A Delusional Hack 32:58

9M ago32:58

32:58

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

1
Habba Dabba Doo! 33:46

9M ago33:46

33:46

We're reaching peak Alina saturation. ___________ Last week may have officially been "Legalweek" but it was bad lawyer week at Above the Law, where Alina Habba dominated traffic with her ongoing futility. Her rapid retreat from the very phony "it's actually bias that so many prominent lawyers all worked at Paul Weiss" motion after being informed of…

1
Longevity = Consistency + Repetition 9:42

10M ago9:42

9:42

What you persist in you become. Choose wisely.

1
I Screwed Up Basic Trial Procedure And All I Got Was This Lousy Swimsuit: The Alina Habba Story 29:22

10M ago29:22

29:22

Sometimes you can't actually fake being smart. _________________________________________________ Alina Habba may soon be replaced in the Trump legal team constellation, but we'll always have memories of her crackerjack legal analysis and the stupid swimsuit debate. There are four justices who don't seem to care about the Supremacy Clause. And Davis…

1
Mindset: The Ultimate Determinant of Excellence 12:28

10M ago12:28

12:28

A dive into the all powerful element of mindset.

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