DOJ punishing lawyers, the future of the billable hour, and dark times for public interest work.
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We talk about the DOJ lawyers suspended by the White House for calling January 6 a riot in a sentencing memo. and the conversation veers down a rabbit hole about the proper role of pardons. For years, the billable hour seemed like the cockroach of law firm management, but after surviving numerous brushes with death, AI might finally force firms to look into alternative fee structures. And if you're in law school and thinking about serving the public interest, expect it to be a lot more expensive unless your future employer is blessed by the Trump administration.
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Dispatches From The Collapse Of The Rule Of Law
And a Biglaw firm seeks help while an in-house attorney blows up her career.
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Catching up with the slice of the conservative legal movement who have stared into the moral abyss of the Trump administration and recoiled in horror. The Society for the Rule of Law held its annual summit and while many attendees voiced clear-eyed opposition, some continued to grapple with the cognitive dissonance in recognizing that Trump might be the natural and logical consequence of their own long championed conservative projects. One attendee who has no illusions over the gravity of the threat though was Judge Michael Luttig who railed against the Supreme Court in the legal equivalent of a rousing halftime locker room speech. Also, Cadwalader seems increasingly at an existential crossroads and looking for a merger partner. And a lawyer loses her job over ballpark rant -- and what's more, her team lost.
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No, Your Honor, I Didn't Call You That, I Was Talking About, Um, Bundt Cake
Also frivolous lawsuits and the insidiousness of dishonest analysis.
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Appeals court decides that some things are best left unsaid. And among those things are calling your judge the c-word. Just so we're clear, even though this was over Zoom, we're not talking about "cat." After trying to bully Michigan Law Review through litigation, the anti-DEI publicity hounds at FASORP have dropped the case. And with Trump inching closer to declaring martial law in America's cities, right-leaning legal analysts have started the process of normalizing abuse of the Insurrection Act by pretending its strict limits are really just open-ended invitations and if anyone's to blame for Donald Trump's authoritarianism, it's really Joe Biden. We manage to talk about AI and Baudrillard in a single episode.
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On Campus Hiring Is Broken, And This Isn't Helping
Just in time for the AI slop to take over.
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Some law firms are handing out recruiting entertainment budgets to law students. While we don't fault law students some sweet walking around money, placing that power in the hands of students highlights the breakdown in the law school recruiting process and a real risk of baking more bias into hiring. Why has Kirkland memory holes its incoming partner class? The decision to opt out of its traditional announcement message seems like a move to shield its high-achievers, but there are some other possibilities. And a Senator wants some answers after a pair of federal judges issue opinions with possible (read: likely) AI hallucinations.
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Is This The Beginning Of The End For The Bar Exam?
One can only hope.
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For a long time, the bar exam seemed like the nasty habit that the legal profession just couldn't quit. But there's finally some progress on that front, with Utah unveiling a new alternative pathway to licensure that values experience and the skills that an actual practitioner needs. We also check in on Cadwalader, where the firm brings on a new co-manager while taking some serious blows in the lateral market. Finally, the Supreme Court is back in session, so we look back at the summer of shadows, when the Court's shadow docket finally crashed into the reality of a president unwilling to play the game and Justice Thomas shed a little light on his decision to bail on teaching his class after Dobbs.
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.
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