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Above the Law - Thinking Like a Lawyer
30 minutes | 7 days ago
Does The T14 Even Matter? Asking For Some Hoyas.
Not since the NCAA tournament has Georgetown been so hyped and so disappointed. The GULC fell out of the vaunted "T14" in the US News Law School Rankings to be replaced by UCLA. But why do we persist in a "14" ranking? And what else did the new US News formula bring us? Joe and Kathryn also chat about vaccine appointments and the (potentially) coming work from home revolution. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
32 minutes | 14 days ago
What Does It Mean To Be A Market Leader?
As special bonus season intensifies, Kathryn muses about compensation leadership and what the value of going big. Joe talks about vaccines and returning to in-person events and we recap the goings on at CUNY and Michigan where the deans faced pressure over past incidents. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
27 minutes | 21 days ago
Springtime For Biglaw Bonuses
After Willkie Farr announced another round of seasonal bonuses, Davis Polk went over the top and announced another two rounds of bonuses. The good times keep rolling in Biglaw. Joe and Kathryn also discuss the impending release of the US News and World Report Law School rankings -- could there be a big change this year? And a disturbing study from a few years ago started making the rounds showing the gross sentencing disparity caused by unexpected college football losses. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
33 minutes | a month ago
Are We Still Citing Judge Kozinski As An Expert?
Kathryn is not pleased with the mainstream press continuing to cite Judge Kozinski as an ethics authority. Joe and Kathryn talk Zoom netiquette and the recent controversy at Georgetown Law where professors were captured on video making disparaging remarks about Black students. It's yet another incident driving home the racism -- conscious and unconscious -- within the law school system. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
29 minutes | a month ago
Who Wins The Jingle War: Cellino Or Barnes?
Quick, what was the phone number for Cellino & Barnes? A lot of you probably got that right immediately. But the firm split up a few years ago and the two entities it spawned have dueling jingles now. Which came out on top? Joe and Kathryn also discuss Davis Polk's extra bonus program and what it means for Biglaw and attorney wellness generally. Also, Texas AG Ken Paxton may want to take a break from social media for awhile and attorneys still need to hit mute on Zoom more often. Special thanks to our sponsors, LexisNexis® InterAction®, Lexicon and Nota.
31 minutes | a month ago
No, You Can't Do That
We always try to come up with a theme for these shows after the fact and this is clearly the "no, you can't do that" episode. Paul Davis is back and trying to convince the courts to overthrow the government again. Twitter is banning fan accounts for no reason and getting fun letters in response. And the South Dakota Attorney General is ducking behind the law to protect his political career. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction®, Lexicon and Nota.
44 minutes | 2 months ago
Elie Mystal's Back: The Prodigal Podcast Host Returns
It seems like only yesterday that we started this humble podcast. For our 200th episode we've got former co-host Elie Mystal back to bring the whole crew from the whole history of the show together for a wide-ranging discussion about law school debt and an AccessLex study about the notable difference in the debt loads of Black, Hispanic, Asian and Multiracial law school graduates, the changes to the industry over the course of the show, and an exciting update on what Elie's been up to. Come for the content, stay for the sound effects! Special thanks to our sponsors, Paper Software, LexisNexis® InterAction®, Lexicon and Nota.
30 minutes | 2 months ago
Unfiltered Legal Talk! Uncatfiltered Anyway
A lawyer ran afoul of a cat filter and gave the country a light-hearted moment of escapism. Then someone remembered the sordid details of the brouhaha over his time as a prosecutor. We also talk about law school and its impact on salaries, Trump's amazingly bad yet nonetheless successful impeachment lawyers, and the impending February bar exam. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction®, Lexicon and Nota.
27 minutes | 2 months ago
The Ecstasy And The Agony Of Pandemic Law
Oh, what happened last week? Well there was the lawyer having sex on Zoom during a criminal hearing for a gang leader. And there was Columbia Law School, as well as Michigan, sounding the alarm about mental health issues mounting as the schools pushed forward without noticing the toll it was taking. Frankly, that's a pretty good microcosm of the whole pandemic. Also some Trump lawyers manage to come across as incredibly sympathetic in gossip piece that they in no way leaked themselves... no sir! Special thanks to our sponsors, Paper Software, LexisNexis® InterAction®, Lexicon and Nota.
27 minutes | 2 months ago
Text Is Really Only Part Of Context
What does the Constitution really say about impeachment? It's not crystal clear, but what is obvious is that some people claiming to divine the "plain meaning" have already reversed themselves making you wonder just how "plain" these meanings can be. Meanwhile, the Biglaw revolving door or lack thereof continues to spin for former administration officials. Stepping away from the political scene, we have Biglaw partners attacking associates and a frank conversation about what it means to be an effective lawyer-manager. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
31 minutes | 3 months ago
Rudy's Dominion Defamation Dollars Debacle
Giuliani caught himself a billion dollar headache after telling anyone who would listen that Dominion was fixing the election (they weren't). Paul Davis is asking a court to junk the federal government and turn it over to the Hobbits (they won't). And Jeffrey Clark is accused to trying to convince Trump to pull a coup... now he's hoping Biglaw will take him back (they shouldn't). Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
29 minutes | 3 months ago
An Impeachment So Nice They Did It Twice
Can the Senate try a former president on an impeachment charge? Must a fact witness recuse themselves from serving as an advocate in a trial? The answer to both of these questions is obviously, "yes" and yet the last week involved a number of right-wing outlets trying to muddy the waters up to and including Jonathan Turley demanding that everyone stop citing Jonathan Turley. Joe and Kathryn also discuss the Supreme Court's race to approve executions in Trump's waning days and the state of the legal industry entering 2021. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
32 minutes | 3 months ago
Coup Coup Ka-Choo
A lot has happened since we last convened, and we're here to talk about it. What's the standard for "incitement"? How does the 25th Amendment work? Can Amazon really kick Parler off their servers? All that and an update to last week's discussion about Biglaw's involvement in Trump's effort to pressure Georgia officials to "find" votes. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
31 minutes | 3 months ago
Foley & Lardner's Wild Week
As the post-election drama gets even weirder, Biglaw partner Cleta Mitchell turned up on a call seeming to represent Donald Trump as he attempted to solicit election interference from Georgia officials. Joe and Kathryn revisit the difference between professional consequences and business consequences when it comes to lawyers and boggle over how a lawyer could let a call like this happen without confidentiality provisions. Also, Josh Hawley and Ted Cruz have elite law school educations and their classmates wish they'd act like it. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
33 minutes | 3 months ago
Finally, We're Finished With 2020
Joe and Kathryn discuss the big stories in law this past year. Is it all COVID? Yes, it is. But there were several different repercussions to discuss from firm business to office architecture to bar exams. And there was a new Supreme Court justice whose nomination nearly destroyed the White House. So there was that. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
27 minutes | 4 months ago
No Second 'Chances'
The New York Times seems to think everyone was too tough of Jeffrey Toobin. They are wrong. Meanwhile one guy who has had far too many chances is Rand Paul, who continues to be completely awful, this time in blocking a bill designed to protect federal judges. And California bar applicants don't need a second chance either, they just need a bar examiner willing to grade their exams honestly rather than suggesting that one-third of them cheated. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
32 minutes | 4 months ago
I Wonder If The Big City Lawyer Will Choose Love Or Career?!?!?
Joe and Kathryn discuss the 2020 slate of new holiday movies that seem to always put lawyers on the wrong end of work-life balance. We also check in on Naomi Biden's move to D.C. Biglaw and an attorney who apparently decided that Zoom trials meant the end of dress codes. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
31 minutes | 4 months ago
'Tis The Season For Law School Exam Screw Ups
It's final exam season for law students and that means it's final exam botching season for professors and administrations. A couple of T14 schools have already stumbled out of the gate. Joe and Kathryn also take a deep dive into whether or not it's ever appropriate for a J.D. to call themselves "Doctor" -- and it isn't. Finally, we discuss holiday shopping for lawyers. Special thanks to our sponsors, Paper Software, LexisNexis® InterAction® and Lexicon.
29 minutes | 4 months ago
Ready... Aim... Bonuses!
Biglaw bonuses are dropping and seem to confirm that most of the Biglaw world will get last year's bonus check plus a little something extra to match the autumn COVID bonuses that a few heavy hitters previously announced. But where does that leave the industry going forward? Are we really going to see them backslide on compensation when there isn't (hopefully) a year-long pandemic? Meanwhile, after initial fears of mass deferrals, law school applications are way up -- which isn't necessarily a good sign. Finally, we talk about the Justice Department's latest effort to bring back firing squads and why everyone needs to get over their visceral revulsion and ask, "why does this bother me so much?" Special thanks to our sponsors, Paper Software, and LexisNexis® InterAction®.
35 minutes | 5 months ago
What Would Be Better Than The Bar Exam?
Election challenges continue, Krakens are released, Rick Schroder provides a critical look at America's cash bail system, and Bill Barr has some explaining to do. But beyond all that, a new study takes a comprehensive look at the legal licensing process and the value of the status quo bar examination regime. It may not surprise anyone that the existing system does a poor job of providing the assurances of "minimum competence" that the public and the profession need, but this study does the hard work of backing that feeling up with data and, more importantly, outlining alternative licensing programs that would do better. AccessLex funded the study, and Aaron Taylor, Executive Director of the AccessLex Center for Legal Education Excellence joins the show to talk about it. Special thanks to our sponsors, Paper Software, and LexisNexis® InterAction®.
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