Above the Law - Thinking Like a Lawyer

Elie Mystal rejoins the Thinking Like A Lawyer crew to reflect on how Neil Gorsuch chose stupid over wrong and the bizarre fixation his acolytes have on doubling down in his defense. Justice Gorsuch asked the government why COVID amounted to an emergency when the flu kills a comparable number of people. The thing is, it doesn't. But rather than be wrong, Gorsuch contends he said something else... that makes no sense and, if true, makes him look stupid. Quite the quandary!

Yale Law School's Jed Rubenfeld isn't letting his suspension following a sexual harassment investigation slow down his quest for the spotlight. And while media outlets don't need to invite the scrutiny by inviting a suspended professor to talk about run-of-the-mill legal takes, the Wall Street Journal is ready to roll out the red carpet for anyone willing to provide spicy "vaccines are socialism" takes! Pairing with an award-winning virologist also at the nadir of his professional standing, Rubenfeld explains how omicron means vaccine mandates are unconstitutional... or something. We also talk about the wrong way to handle a holiday party -- don't slap guests! -- and how the Ghislaine Maxwell verdict may fall apart over jury selection. Special thanks to our sponsors, Lexicon and Nota.

The Chief Justice released his year-end report on the federal judiciary and informed us that everything is fine and there's nothing to see there. While multiple issues threaten the legitimacy of the courts, Roberts assured the country that he's got some webinars that can solve everything from sexual harassment to market manipulation. Alan Dershowitz also closed off 2021 with not one, but two embarrassing TV appearances as he struggles to maintain relevance. Welcome to 2022! Special thanks to our sponsors, Lexicon and Nota.

We've made it through another year. Well, almost. We probably shouldn't start counting our bats and pangolins before they've hatched. Joe and Kathryn look back at the wild ride of 2021 and make some predictions about what 2022 holds. Also... it's that time of year to send in your Lawyer of the Year nominations.Special thanks to our sponsors, Lexicon and Nota.

As the year winds down, folks seem a little extra agitated. A judge called her colleagues names and got booted from the bench. A partner bailed on his firm rather than get the scientifically proven vaccine. Meanwhile the legal press jumped on news of another round of salary raises as an extra dose of year-end drama that didn't actually happen. 2021 is bad enough, folks... don't try to make it any extra.Special thanks to our sponsors, Lexicon and Nota.

Last week, a handful of Biglaw firms contacted Above the Law trying to rewrite their whole firm image. International firms still headquartered overseas trying to rebrand as American and firms historically embraced as for growing up outside the NYC white-shoe culture wanted to be portrayed as Knickerbocker blue bloods. Who thinks this will work? Also, we discuss Latham's holiday party COVID debacle and have an extended discussion of the canons of statutory interpretation and the Formula 1 season finale that could end up in an international court.Special thanks to our sponsors, Lexicon and Nota.

After more than a week of wondering when firms would start playing follow the leader with Biglaw bonuses, Davis Polk finally set a standard that the rest of the industry felt comfortable following. In unrelated large firm news, Cravath announces a change to its partnership model... could this be the final nail in the lockstep compensation coffin? Joe, Kathryn, Chris also talk about a salty exchange between Ninth Circuit judges and holiday gifts for lawyers.Special thanks to our sponsors, Lexicon and Nota.

We thought we entered Biglaw bonus season last week, but after Cravath rolled out a higher bonus schedule, the majority of firms responded with silence. What's going on, and is someone finally going to break that logjam? We also talk about the verdict in the Arbery murder and continue last week's discussion about the troubling balancing act when it comes to prosecutorial discretion. And an Ivy League school settles with students over COVID tuition. Should schools really have charged less during the pandemic? Special thanks to our sponsors, Lexicon and Nota.

Joe and Chris discuss the Rittenhouse verdict and the limits of self-defense standards. Specifically, at what point can stripping a case of all its context rob it of value. Meanwhile, Sheriffs are refusing to enforce laws -- usually vaccine and mask requirements. What are the limits of prosecutorial discretion and, how in the world is it okay for an activist group to offer scholarships to law enforcement for neglecting their duties? Finally, we check in on NYU's FedSoc chapter where board members resigned after learning that the group is doing... exactly what the Federalist Society is created to do.Special thanks to our sponsors, Lexicon and Nota.

Is there a significant crossover between this podcast's audience and Taylor Swift? I guess we'll find out this week as we discuss her latest re-release and the intellectual property issues driving her new recording strategy. Because everything comes back around to the law... even pop music. We also talk about Above the Law's role in the latest inquiry from the House Judiciary Committee and the tech issues on display in the Rittenhouse killings case.Special thanks to our sponsors, Lexicon and Nota.