

Above the Law - Thinking Like a Lawyer
Legal Talk Network
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.
Episodes
Mentioned books

May 15, 2024 • 33min
Trump Defense Team Playing Tiddlywinks At A Chess Match
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 sex shaming someone whose sexuality is their whole business. Trump lawyers do a lot better when the judge is running their defense. Meanwhile, an organization moved to preemptively pare down Trump's SCOTUS shortlist to the least qualified, worst behaved candidates and its been a very Ponzi-rific week for one Biglaw firm.

May 8, 2024 • 38min
The Gag Order Pt. 10
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 Morningside Heights as Columbia Law School students ask school to cancel exams in light of campus unrest, or at a minimum convert its optional pass/fail model to mandatory pass/fail to avoid placing a stigma on worried students. Then conservative judges announced a boycott of Columbia until their demands for "viewpoint diversity" are met. Also, small talk becomes big diss track talk as we devote a whole segment to Drake and Kendrick going to war and the legal implications.

May 1, 2024 • 29min
The First Law Of Whoever Smelt It, Dealt It
Topics include the unpleasant courtroom where Trump is on trial, racists targeting Justice Ketanji Brown Jackson, and a judge's lesson on hot mics. Also, discussions on rap beef between Kendrick Lamar and Drake, challenges of new parenthood, and disparities in treatment of former presidents in legal proceedings.

Apr 24, 2024 • 38min
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.-----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.

Apr 17, 2024 • 40min
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.

Apr 10, 2024 • 32min
US News Rankings Continue Slide Into Bonkerstown
US News rankings for law schools continue to be peculiar as schools withdraw data. Duke tied with Harvard, NYU drops in ranking. Biglaw firm promotes healthy sleep despite causing lack of sleep in associates. Trump's bond in NY civil fraud case under scrutiny.

Apr 3, 2024 • 35min
Supreme Court, Disney, And Trump -- A Wild Week In Review
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 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.

Mar 20, 2024 • 33min
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.__________________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.

Mar 13, 2024 • 31min
Biglaw's Parental Leave Backslide
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 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.

Mar 6, 2024 • 36min
Too Rich For Trump's Blood
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. 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.