Episodes
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 some tricky phrasing about his time on the Yale Law Journal. Kirkland & Ellis adopts a carrot and stick approach -- rewarding associates for...
Published 07/24/24
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 unconstitutionally appointed. Another of Trump's appointees stepped down after the circuit compiled nearly 1000 pages of misconduct allegations...
Published 07/17/24
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 horizon. And why are certain people so angry about testing reform?
Published 07/10/24
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. We also got January 6 legalized -- over the fiery dissent of Amy Coney Barrett -- the foundation of the administrative state thrown into chaos --...
Published 07/03/24
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 exorcise -- just a little -- their Second Amendment hangover. Is there anything normal about the YSL trial? The answer is no.
Published 06/26/24
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 release Unplugged album, and it only took a matter of days into the Clarence Thomas Transparency Era for him to get caught covering up more gifts.
Published 06/20/24
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 got roughly Beyonce tickets with a roughly $4000 face value. Meanwhile, there's a summer associate taking a horse and carriage to work and Columbia...
Published 06/12/24
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 incompetence, slow-playing a motion to keep Trump from publicly lying about the FBI and then asking for briefing on how the Supreme Court's CFPB case...
Published 06/05/24
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 crossing the $20 million compensation barrier, the structure of Biglaw inevitably shifts to accommodate the new normal. And a law school deals with the...
Published 05/29/24
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 the Constitution against all enemies, foreign and domestic" department, why is Alito so objectively bad at responding to his scandals? Next thing you...
Published 05/22/24
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 sex shaming someone whose sexuality is their whole business. Trump lawyers do a lot better when the judge is running their defense. Meanwhile, an...
Published 05/15/24
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...
Published 05/08/24
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.
Published 05/01/24
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.
Published 04/24/24
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.
Published 04/17/24
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 here? In a sense, yes. At least ever since law schools started withdrawing their cooperation. Meanwhile, a Biglaw firm tried to promote healthy...
Published 04/10/24
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...
Published 04/03/24
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...
Published 03/20/24
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...
Published 03/13/24
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...
Published 03/06/24
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.
Published 02/28/24
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...
Published 02/21/24
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 ENOUGH to address anti-Black discrimination, but nothing about Miller's legal moves have much connection to reality -- up to and including the fact...
Published 02/14/24
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 the very real sanctions that could result. Robbie Kaplan, one of the Paul Weiss alumni in question, also shared her story of Donald Trump pulling...
Published 02/07/24