Know Who Needs A Raise? Law Students On Journal – See Also – Above the Law


Future
Prestige
Doesn’t
Fill
A
Presently
Rumbling
Stomach:


Students
rally
against
work
without
pay
.


Stephen
Miller
Picked
A
Fight
With
Taylor
Swift:


Not
sure
this
is
who
you
want
bad
blood
with
.


University
of
Nevada
Las
Vegas
Law
Puts
A
Pause
On
Finals:


Thoughts
and
wishes
are
with
the
UNLV
community
.


Time
Is
Ticking!:


Submit
your
cards
for
the
Holiday
Card
Competition
!


The
Party
Is
Coming!:


RSVP
and
we’ll
see
you
in
New
York
!


Did
You
Think
We
Forgot
About
Raises
And
Bonuses?!:


Arnold
&
Porter

and

Massumi
+
Consoli
LLP

just
made
the
season
brighter
for
their
employees.

Trump Tells DC Judge He’s Decided To Pause DC Election Prosecution – Above the Law

(Photo
by
Ali
Shaker/VOA)

Last
week,
the
DC
Circuit

ruled

that
Trump
is
not
immune
from
civil
suit
for
his
role
in
the
January
6
Capitol
Riot,
finding
that
Trump’s
actions
were
taken
in
his
private
role
as
a
presidential
candidate,
rather
than
part
of
his
official
duties.
Hours
later,
Judge
Tanya
Chutkan
issued
her
own
immunity

ruling

in
the
DC
election
interference
case
brought
by
Special
Counsel
Jack
Smith.

“Defendant’s
four-year
service
as
Commander
in
Chief
did
not
bestow
on
him
the
divine
right
of
kings
to
evade
the
criminal
accountability
that
governs
his
fellow
citizens,”
she
wrote
in
an
opinion
rubbishing
Trump’s
motions
to
dismiss
his
criminal
case
based
on
presidential
immunity
and
also
several
“constitutional
grounds.”

Ever
resourceful
(and
immune
to
shame)
Trump’s
lawyers
are
trying
to
make
chicken
salad
out
of
chicken
shit.
This
afternoon
they

noticed

an
appeal
of
Judge
Chutkan’s
ruling,
followed
by
an
immediate
demand
that
the
trial
judge
stay
all
proceedings.

“The
filing
of
President
Trump’s
notice
of
appeal
has
deprived
this
Court
of
jurisdiction
over
this
case
in
its
entirety
pending
resolution
of
the
appeal,”
they
wrote,
adding
that
“As
a
result
of
these
authorities,
all
current
deadlines
must
be
held
in
abeyance
until,
at
minimum,
this
motion
is
resolved.
President
Trump
will
proceed
based
on
that
understanding
and
the
authorities
set
forth
herein
absent
further
order
of
the
Court.”

It’s
a
bold
strategy,
Cotton!

The
theory
here
appears
to
be
that
the
stay
of
civil
proceedings
in Blassingame
v.
Trump
,
the
DC
Circuit
suit,
is
binding
upon
the
court
in
the
criminal
case.
Yes,
even
though
the
DC
Circuit
said
that
the
conduct
alleged

which
largely
overlaps
with
the
election
interference
allegations
in
the
criminal
case

were

not

part
of
the
president’s
official
duties
from
which
he
would
be
immune
from
suit.

Not
convinced?

Well,
how
about another

civil
suit

that
has
bupkis
to
do
with
the
criminal
indictment
of
a
former
president?

In
Coinbase,
the
Supreme
Court
considered
whether
an
interlocutory
appeal
from
a
denial
of
a
motion
to
compel
arbitration
necessitates
an
automatic
stay
of
proceedings
in
the
district
court
pending
the
outcome
of
the
appeal.
The
Supreme
Court
held
that
it
does:
“The
sole
question
here
is
whether
the
district
court
must
stay
its
pre-trial
and
trial
proceedings
while
the
interlocutory 
appeal
is
ongoing.
The
answer
is
yes:
The
district
court
must
stay
its
proceedings.”
599
U.S.
at
738.

Trump’s
lawyers
did
manage
to
dredge
up
a

criminal
case

from
1997
where
the
DC
Circuit
reversed
a
RICO
conviction
because
the
trial
judge
went
ahead
and
held
the
actual
trial
before
the
mandate
had
issued
from
the
appeals
court.
But
that
hardly
suggests
that
Trump
is
immune
from
pretrial
deadlines
and
can
postpone
his
case
at
will
simply
by
filing
an
appeal
of
the
denial
of
his
motion
to
dismiss.

This
seems
highly
unlikely
to
cut
the
mustard
with
Judge
Chutkan,
and
the
prosecution
has
already
said
it
will
object.
But
who
knows,
maybe
Trump
will
appeal
and
get
an
amazing
panel
who
agrees
that
“when
you’re
a
star,
they
let
you
do
it.”

Paging
Judge
Neomi
Rao


US
v.
Trump
 [Docket
via
Court
Listener]





Liz
Dye
 lives
in
Baltimore
where
she
writes
the Law
and
Chaos
 substack
and
appears
on
the Opening
Arguments
 podcast.

The Growing Call For Law Schools To Pay For Work They Benefit From – Above the Law

The
call
for
law
schools
to
pay
students
who
staff
prestigious
law
reviews
and
journals
is
growing.
Those
familiar
with
the
law
school
game
know
law
students
compete
with
one
another
for
the
“right”
to
do
a
lot
of
grunt
work
for
journals.
In
return,
they’re
given
zero
dollars
but
a
CV
entry.
At
a
handful
of
law
schools
(such
as
University
of
Pennsylvania
and
Vanderbilt
University),
you
might
earn
credit
hours
for
the
work,
but
that’s
about
it.

The
movement
to
change
all
that

began
at
NYU
Law
,
where
law
students
who
cannot
dine
out
on
prestige
alone
signed
a
petition
asking
for
more
from
the
university.
The

American
Bar
Association’s
House
of
Delegates
agrees


confirming
that
that
law
schools
should
be
paying
law
review
editors,
either
in
cash
or
school
credit.

Now
journal
editors
across
the
country
are

coming
together

to
demand
compensation
and
call
for
solidarity
with
other
journals.
Thus
far,
the
following
journals
have
signed
onto
the
demand:

  • CUNY
    Law
    Review
  • Georgetown
    Environmental
    Law
    Review
  • Georgetown
    Immigration
    Law
    Journal
  • Georgetown
    Journal
    of
    Gender
    and
    the
    Law
  • Georgetown
    Journal
    of
    Law
    &
    Modern
    Critical
    Race
    Perspectives
  • Georgetown
    Journal
    on
    Poverty
    Law
    &
    Policy
  • Georgetown
    Law
    Technology
    Review
  • Journal
    of
    National
    Security
    Law
    &
    Policy
  • NYU
    Environmental
    Law
    Journal
  • NYU
    Review
    of
    Law
    and
    Social
    Change
  • Stanford
    Environmental
    Law
    Journal
  • Stanford
    Law
    &
    Policy
    Review
  • Stanford
    Law
    Review
  • UCLA
    Law
    Chicanx-Latinx
    Law
    Review
  • UCLA
    Law
    Disability
    Law
    Journal
  • UCLA
    Law
    Review
  • Yale
    Law
    &
    Policy
    Review

A
compelling
part
of
the
argument
for
compensation
is
that
as
a
time-consuming
volunteer
position,
the
prestigious
position
is
effectively
being
gatekept
from
those
who
need
to
earn
money
to
support
themselves
while
in
law
school:

Working
as
a
journal
editor
prevents
students
from
working
to
support
themselves
while
in
school,
and
this
in
turn
serves
a
powerful
gatekeeping
function
in
legal
academia.
Students
face
a
debt
crisis,
and,
in
a
country
that
has
built
its
educational
system
on
the
profit
interests
of
corporate
loan
providers
and
servicers,
this
reality
pushes
financially
precarious
students
away
from
journal
work.
This
leads
to
less
diverse
journals
turning
out
blinkered
legal
scholarship.
For
students,
this
means
only
those
who
can
afford
to
work
on
journals
are
granted
the
reputational
prestige
it
confers
for
clerkships,
firm
associateships,
and
other
competitive
legal
positions.
The
students
who
do
join
journals
face
greater
financial
burdens,
which
disincentivizes
them
from
future
public
interest
work.
The
commitments
our
universities
have
made
to
diversity
and
inclusion
and
the
public
interest
are
simply
irreconcilable
with
uncompensated
labor.

Which
seems
like
a
great
reason
to
change
how
law
journals
have
historically
been
handled.




Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@Kathryn1@mastodon.social.

In-House Challenges And A Word Or Two On Sandra Day O’Connor – Above the Law

(Photo
by
Chip
Somodevilla/Getty
Images)

It’s
all
in
how
you
define
a
“win.”
As
a
former
AGC,
there
are

numerous
ways
to
win
in-house
.
Yes,
in-house
counsel
can
help
the
client
win
money,
keep
the
client
from
losing
money,
manage
or
avert
crises,
and,
of
course,
satisfy
the
client,
if
their
expectations
are
reasonable.
Their
job
was
to
bring
the
money
in
the
front
door,
and
my
job
was
to
keep
it
from
going
out
the
back
door
in
terms
of
verdicts
and
shudderingly
expensive
settlements.

But
there
are
other
wins
as
well.
One
is
when
you
develop
client
relationships
so
that
clients
trust
your
advice
and
are
willing
to
accept
it.
That
takes
time,
but
the
rewards
are
worth
the
effort.
If
a
client
trusts
you
and
your
advice,
then
it
becomes
easier
to
persuade
clients
to
take
some
steps,
refrain
from
others,
and
manage
their
expectations.

What’s
another
win?
The
responsibility
that
in-house
counsel
has
at
the
outset
may
take
years
for
an
associate
at
an
outside
law
firm
to
shoulder.
In-house
counsel
must
hit
the
ground
running,
as
there
is
little
time,
if
any,
for
education.
It
is
the
essence
of
on-the-job
training.
The
client
assumes
a
certain
amount
of
subject
matter
expertise,
but
the
necessary
and
important
people
skills
need
polishing.
That’s
to
be
expected,
as
you
don’t
know
who
the
players
are,
don’t
know
who
makes
the
decisions
(do
you
have
any
settlement
authority?),
and
don’t
know
the
various
and
sundry
client
politics.
Those
can
take
a
while
to
learn,
so
the
best
way
to
approach
this
all
is
to
watch
and
listen,
listen
very
carefully.
You
will
have
plenty
of
opportunities
to
speak
up.

And
for
all
those
out-house
lawyers
who
think
that
in-house
counsel
have
it
comparatively
easy,
it’s
time
to
get
a
grip.
According
to
a
recent
Bloomberg
Law
report,

in-house
counsel
outwork

(not
necessarily
something
to
crow
about)
their
outside
counterparts.

While
today
there
are
more
women
lawyers
than
ever
before,
in
practice,
in
government,
and
on
the
bench,
before
there
was
Ketanji
Brown
Jackson,
before
Amy
Coney
Barrett,
before
Elena
Kagan,
before
Sonia
Sotomayor,
before
Ruth
Bader
Ginsberg,
there
was
the
first,
Sandra
Day
O’Connor.
And
to
her
credit,
she
has
not
been
the
last.
Whether
you
believe
that
her
judicial
philosophy
was
too
liberal
or
too
conservative
(you
choose),
she
was
and
will
always
be
the
first,
as
so
aptly
titled
in

Evan
Thomas’s
book

about
her.
As
the
number
of
women
in
law
continues
to
increase,
albeit
still
too
slowly,
today’s
women
lawyers
and
judges
owe
a
huge
debt
to
the
late
Associate
Justice
O’Connor.

Way
back
in
medieval
times
(circa
1980),
Republican
presidential
candidate
Ronald
Reagan
kept
a
campaign
promise:
he
would
nominate
a
woman
to
join
the
all-male
cohort
of
justices
on
the
Supreme
Court.
In
1981,
he
nominated
O’Connor
to
that
court.
In
what
is
now
looked
upon
longingly
as
the
lost
and
last
days
of
bipartisanship,
she
was
confirmed
by
a
vote
of
98-0.

Young
women
lawyers,
like
me,
were
thrilled
and
delighted
at
O’Connor’s
confirmation.
It
was,
to
many
of
us,
a
sign
that
the
glass
ceiling
for
women
as
lawyers
and
equals
would
be
shattered.
We
were
hopeful,
starry-eyed,
and
thought
that
the
road
ahead
for
women
lawyers
would
be
smoother
than
it
had
been
in
the
past.
Maybe.
The
struggle
continues
more
than
40
years
after
her
confirmation.

Unlike
her
Supreme
Court
colleagues,
O’Connor
had
been
an
Arizona
politician
before
going
on
that
state’s
bench.
She
was
a
pragmatist,
never
choosing
to
go
further
than
she
needed
in
order
to
reach
what
she
thought
was
the
right
result
in
the
case.
She
did
not
think
that
“compromise”
was
an
ugly
word.
She
knew
well
what
compromise
meant
in
those
days,
but
that’s
no
longer
the
case.
Compromise
today
is
a
dirty
word.

Resigning
from
the
court
to
take
care
of
her
ailing
husband
(aren’t
women
almost
always
the
caretakers?),
she
went
on
to
create

icivics.org

to
teach
civics
to
secondary
students.
Civics?
What
is
that?
Precisely
her
point.

One
of
the
many
things
I
found
fascinating
about
O’Connor
was
her
seemingly
effortless
ability
to
juggle
so
many
plates
in
the
air
at
the
same
time.
She
was
as
committed
to
her
husband
and
family
as
she
was
to
being
an
associate
justice
with
a
killer
workload.
I
always
wondered
how
she
did
it,
especially
when
she
was
diagnosed
with
breast
cancer
before
the
end
of
her
first
decade
on
the
court.
But
she
managed
it.
How
did
she
accomplish
all
that
she
did
when
she
had
the
same
24-hour
day
just
like
the
rest
of
us?

While
O’Connor
might
scoff
at
this
characterization,
she
was
an

agent
of
change

in
so
many
ways.
And
thank
goodness
she
was.




old lady lawyer elderly woman grandmother grandma laptop computerJill
Switzer
has
been
an
active
member
of
the
State
Bar
of
California
for
over
40
years.
She
remembers
practicing
law
in
a
kinder,
gentler
time.
She’s
had
a
diverse
legal
career,
including
stints
as
a
deputy
district
attorney,
a
solo
practice,
and
several
senior
in-house
gigs.
She
now
mediates
full-time,
which
gives
her
the
opportunity
to
see
dinosaurs,
millennials,
and
those
in-between
interact

it’s
not
always
civil.
You
can
reach
her
by
email
at




oldladylawyer@gmail.com
.

Biglaw Firm’s Chair To Step Down Due To ‘Health-Related’ Reasons – Above the Law

(Photo
by
David
Lat)



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


Earlier
today,
I
informed
the
partnership
that
I
have
made
the
difficult
decision
to
step
down
as
chair,
effective
April
2024
for
health-related
reasons.
This
is
not
a
decision
that
I
have
taken
lightly
and,
while
I
will
be
fine,
I
will
be
turning
my
attention
to
my
health.
Doing
so
will
not
allow
me
to
devote
the
time
and
energy
that
the
role
of
chair
requires
and
deserves.


Being
chair
of
Proskauer
is
an
honor,
and
I
am
immensely
proud
of
our
firm’s
strength
and
success
and
excited
to
see
where
we
go
next.





Steven
Ellis
,
chairman
of
Proskauer
Rose,
in
a

memo
sent
firmwide

concerning
his
decision
to
step
down
from
his
role
due
to
health-related
reasons.
Ellis
was
reelected
to
his
second
term
as
chair
in
January
2020,
and
led
the
elite
firm
through
the
pandemic,
including
its
best
year
ever
in
2021.
“Proskauer
is
in
a
strong
position,
as
we
continue
to
grow
our
high-value
practices
and
strengthen
our
industry
leadership,”
Ellis
wrote
to
the
firm.
“We
remain
a
place
where
clients
come
for
their
most
critical,
important,
complex
and
novel
matters.”
Proskauer
will
hold
an
election
to
fill
his
position
in
January,
and
the
newly
elected
chair
will
take
his
place
in
April
2024.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

Is Your Firm’s Virtual Entrance Turning Away Clients?  – Above the Law


Client
relationship
management
software
is
the
digital
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CRM Banner

Navigating ESG Questionnaires: A Strategic Approach For B2B Companies – Above the Law

In
the
rapidly
evolving
business
landscape,
Environmental,
Social,
and
Governance
(ESG)
considerations
have
become
a
focal
point
for
companies
across
industries.
The
surge
in
ESG
questionnaires,
especially
for
B2B
companies,
is
indicative
of
a
larger
trend

sustainability
is
no
longer
an
option;
it’s
a
business
imperative.
If
your
company
isn’t
equipped
to
respond
to
these
inquiries
effectively,
you
risk
more
than
just
a
missed
opportunity;
it
could
impact
your
competitiveness,
client
relationships,
and
even
pricing
negotiations.


The
Rising
Tide
Of
ESG
Questionnaires

B2B
companies
find
themselves
grappling
with
an
ever-increasing
number
of
complex
ESG
questionnaires.
Whether
they
arrive
with
a
Request
for
Proposals
(RFP)
or
as
an
unexpected
request
from
an
existing
client,
these
inquiries
are
a
testament
to
the
growing
importance
of
sustainability
in
the
business
world.
The
challenge
intensifies
when
companies
lack
a
structured
system
for
responding
to
these
questionnaires
and,
subsequently,
fail
to
provide
compelling
answers.

This
challenge
is
not
going
away.
If
anything,
it
will
escalate.
Companies
(including
your
prospects
and
clients)
are
collecting
data
on
their
supply
chains
to
bolster
their
sustainability
reports

driven
by
both
market
demand
and
impending
regulations.
In
this
landscape,
having
robust
answers
to
ESG
questions
is
not
just
about
compliance.
It’s
a
strategic
move
to
stay
competitive.


Turning
Challenges
Into
Opportunities

Smart,
strategic
choices
can
transform
the
ESG
questionnaire
conundrum
into
an
opportunity
for
growth
and
differentiation.
Focus
on
building
a
sustainability
program
that
aligns
with
your
company’s
maturity
and
risk
profile.
If
you
are
just
getting
started,
here
are
a
few
actions
for
2024:


  1. Leadership
    Training
    On
    ESG/Sustainability

The
first
step
is
crucial

training
your
leadership
team
on
ESG
fundamentals.
Leaders
need
to
have
a
solid
understanding
of
ESG
and
sustainability
to
effectively
communicate
with
investors
and
clients.
This
step
not
only
fosters
internal
commitment
but
also
positions
your
company
as
one
that
takes
these
issues
seriously.


  1. Climate
    Action

Climate
is
at
the
forefront.
Complete
a
high-quality
carbon
footprint
measurement
that
can
be
shared
publicly.
This
not
only
provides
valuable
data
but
also
sets
the
stage
for
tangible
actions
to
reduce
your
environmental
impact.
And
without
this,
any
ESG
program
you
start
will
lack
credibility.


  1. ESG/Sustainability
    Policies

Formalizing
your
commitment
to
ESG
through
policy
documents
will
check
a
lot
of
boxes
on
most
questionnaires.
It
demonstrates
that
you
have
thought
about
the
issues
and
committed
to
addressing
them.
Policy
documents
do
not
have
to
be
long,
but
they
should
cover
key
topics
like
ethics,
climate,
human
rights,
and
DEI.
These
documents
can
become
a
reference
point
for
internal
decision-making
and
an
asset
when
clients
inquire
about
your
sustainability
practices.


  1. ESG/Sustainability
    Governance

This
is
not
a
temporary
blip.
You
won’t
be
able
to
“solve
ESG”
with
a
one-time
push.
Companies
have
made
commitments
in
this
area
extending
to
2050,
and
sustainability
measures
are
becoming
mandatory
for
the
private
sector
under
emerging
regulations.
Your
company
needs
a
permanent
sustainability
leadership
approach
to
ensure
that
you
keep
pace
as
this
area
continues
to
evolve.
Identify
an
executive
who
is
responsible
for
reporting
to
the
leadership
team
and
the
board
on
ESG
issues
and
progress
and
provide
a
budget.
Ensure
this
executive
has
cross-functional
support.
Setting
up
proper
ESG
governance
will
help
ensure
transparency
and
facilitate
a
systematic
approach
to
addressing
ESG
concerns
and
tracking
improvements.


The
Road
Ahead

If
you
start
now
and
take
consistent
steps,
you
will
be
amazed
at
what
you
can
accomplish
in
a
year.
Incremental
progress,
guided
by
a
clear
commitment
from
leadership,
can
lead
to
long-term
positive
impacts
on
your
company’s
reputation,
stakeholder
relationships,
and
overall
sustainability.

In
a
business
landscape
where
ESG
considerations
are
becoming
a
competitive
differentiator,
your
ability
to
provide
thoughtful,
meaningful
responses
to
ESG
questionnaires
is
critical.
It’s
not
just
about
compliance;
it’s
about
demonstrating
your
company’s
commitment
to
responsible
and
sustainable
business
practices.
So,
equip
your
team,
measure
your
impact,
document
your
policies,
and
establish
oversight

these
steps
will
not
only
prepare
you
for
the
current
wave
of
ESG
questionnaires
but
position
your
company
as
a
leader
in
the
evolving
landscape
of
sustainable
business.




Christine_UriChristine
Uri
is
a
Top
100
Voice
in
Sustainability.
She
advises
general
counsel
on
the
development
and
implementation of
environmental,
social,
and
governance
(ESG)
programs.
As
a
former
Chief
Legal
Officer
and
Chief
Sustainability
Officer
for
a
global
sustainability
company,
Christine
knows
what
it
takes
to
move
ESG
to
the
top
of
the
corporate
agenda.
Christine
believes
that
improving
corporate
performance
on
ESG
measures
is
critical
to
building
a
more
sustainable
world.
She
is
passionate
about
inspiring
and
empowering
in-house
legal
teams
to
provide
ESG
leadership. You
can
follow
Christine
on 
LinkedIn

Actually, Millennials Are Better Retirement Savers Than Baby Boomers – Above the Law


Those
of
us



born
between
1981
and
1996
were
branded
as
Millennials


long
before
we
were
old
enough
to
have
any
say
in
it.
In
the
decades
after
Millennials
entered
the
world
and
the
workforce,
unfairly
maligning
the
work
ethic
and
financial
acumen
of
the
Millennial
generation
practically
became
its
own
cottage
industry.


Fortunately,
the
last
few
years
have
taken
some
of
the
heat
off
Millennials
as
the
next
youngest
demographic
cohort,
Generation
Z,
does
its
own
things
to
confuse
and
alienate
old
people.
So,
Zoomers,
on
behalf
of
my
generation
to
yours,
thank
you.
Keep
the
fun
TikTok
dances
and
equally
informed
foreign
policy
takes
coming.


Meanwhile,
Millennials
will
continue
to
quietly
subvert
expectations.


For
some
of
us,
the
evidence
has
been
building
for
a
while
that



Millennials,
as
a
group,
actually
seem
to
possess
better
financial
instincts


than
prior
generations.
The
latest
data
point
supporting
this
hypothesis
comes
in
a
new
report
from
Vanguard,
the
largest
provider
of
mutual
funds.


When
it
comes
to
retirement
savings,
Millennials
are
outperforming
their
elders.
For
its
research,
Vanguard
compared
pre-retirement
income
and
savings
at
different
income
levels
to
the
amount
households
would
need
to
amass
in
order
to
retire
comfortably.



Millennials
were
found
to
be
more
likely
to
retire
comfortably
than
Baby
Boomers
at
every
income
level


except
at
the
lowest
quartile
for
income.
At
that
level
of
income,
Millennials
and
Baby
Boomers
were
found
to
be
equally
on
track
for
retirement.


The
differences
between
Millennial
and
Baby
Boomer
savers
were
especially
pronounced
at
higher
income
levels.
For
instance,
of
the
age
cohorts
examined,
Millennials
at
or
above
the
95
th

percentile
for
income
were
22
percent
ahead
of
their
high-earning
Baby
Boomer
counterparts
in
exceeding
the
calculated
sustainable
replacement
rate
(defined
as
the
highest
level
of
consumption
as
a
share
of
pre-retirement
income
capable
of
being
sustained
in
90
percent
of
market-return/mortality
scenarios).
I
must
say,
I
do
appreciate
“mortality
scenarios”
as
a
euphemism
for
“death.”


Not
to
leave
out
Gen
Xers
(no
matter
how
much
they
may
be
used
to
it):
Members
of
Generation
X
also
outperformed
Baby
Boomers
with
their
retirement
savings
at
every
income
level
except
the
lowest
(where
they
were
just
slightly
behind).
Members
of
Generation
X
saving
for
retirement
couldn’t
keep
up
with
Millennials
though:
They
were
fairly
substantially
outpaced
by
Millennial
savers
at
nearly
every
income
level.


Although
I
would
love
to
attribute
the
good
qualities
of
my
generation
to
our
grit
and
determination
in
the
face
of
several
economic
catastrophes
as
we
entered
the
workforce,
so
as
to
rub
it
in
the
faces
of
the
naysayers



who
blamed
the
financial
struggles
of
young
people
on
the
irrepressible
impulse
to
dine
on
overpriced
avocado
toast
,
boring
old
policy
changes
(as
they
often
do)
probably
deserve
most
of
the
credit.


In
recent
years
more
employers
have
embraced
the
automation
of
both
enrollment
in
and
increasing
contributions
to
401(k)
plans.
Vanguard
noted
in
its
research
that
automatic
retirement
account
enrollment
leads
to
a
91
percent
participation
rate,
whereas
when
savers
need
to
opt-in
to
a
retirement
savings
plan
only
28
percent
choose
to
do
so.
By
the
time
they
retire,
Millennials
will
have
had
much
more
time
than
Baby
Boomers
in
a
labor
market
in
which
automatic
retirement
savings
plan
enrollment
is
the
default.


So,
even
if
all
they
did
to
accomplish
it
was
fail
to
login
to
change
the
default
setting
of
an
account,
I
suppose
Millennial
retirement
savers
deserve
congratulations.
The
market
has
been
on
a
tear
of
late,
and
with



December
typically
being
a
particularly
good
month
for
stocks
,
more
gains
are
likely
on
the
way.
It
feels
nice
to
see
a
big
number
when
you
get
around
to
examining
your
retirement
account
statements,
particularly
when
it’s
bigger
than
more
experienced
savers
ever
thought
it
would
be.




Jonathan
Wolf
is
a
civil
litigator
and
author
of 
Your
Debt-Free
JD
 (affiliate
link).
He
has
taught
legal
writing,
written
for
a
wide
variety
of
publications,
and
made
it
both
his
business
and
his
pleasure
to
be
financially
and
scientifically
literate.
Any
views
he
expresses
are
probably
pure
gold,
but
are
nonetheless
solely
his
own
and
should
not
be
attributed
to
any
organization
with
which
he
is
affiliated.
He
wouldn’t
want
to
share
the
credit
anyway.
He
can
be
reached
at 
jon_wolf@hotmail.com.

‘Wokeness’ Ambulance Chaser Stephen Miller Launches Taylor Swift Conspiracy Theory Now That She’s Trending – Above the Law

(Photo
by
Octavio
Jones/TAS23/Getty
Images
for
for
TAS
Rights
Management)

Stephen
Miller

skinhead
by
nature,

white
nationalist
by
choice


served
as
the
avatar
of
Donald
Trump’s
Id
for
four
fruitful
years
of
terrorism
the
marginalized.
Stripped
of
power,
Miller
has
since
transitioned
to
life
on
the
outside
by
launching
a
legal
advocacy
group
to

sue
Pop-Tarts
for
being
gay

and
NYU
Law
School
for

hypothetically,
maybe,
someday,
possibly
discriminating
against
the
dumbest
1L
on
campus
.

Miller


and
this
cannot
be
stressed
enough


is
not
a
lawyer.
Kim
Kardashian
is
infinitely
closer
to
an
“attorney”
than
Miller.
What
he
is,
though,
is
a
vexatious
litigant
peppering
the
federal
docket
with
vague
complaints
about
the
“wokeness”
of
high-profile
entities
that
he
can
then

wave
in
front
of
a
camera

to
convince
gullible
donors
to
fork
over
their
money
to
keep
up
the
“fight.”

Right
before
Thanksgiving,
bargain
basement
Ed
Blum
here

went
after
Macy’s

for
having
leadership
seminars
for
employees
of
color.
It
is,
doubtless,
pure
coincidence
that
he
did
this on
the
one
week
a
year
everyone
Googles
“Macy’s”
while
trying
to
figure
out
when
they
have
to
wake
up
so
their
kids
can
see
the
Monkey
D.
Luffy
balloon.

But
Thanksgiving
is
in
the
rearview
mirror
and
Miller
is
thirsty
for
another
trending
topic
to
slither
his
way
into.
Taylor
Swift
is
Time’s
Person
of
the
Year
so…

Miller
declines
to
lay
out
one
a
specific
loony
liability
theory,
but
given
his
particular
grift,
he’s
signaling
some
sort
of
vexatious
legal
intervention
to
“get
to
the
bottom”
of
the
reason
why

the
most
famous
human
being
on
the
fucking
planet

might
win
Person
of
the
Year.

She’s
inspired

law
schools
to
offer
classes

and
music
companies
to
become

even
more
evil
,
but
Miller
still
cries
foul.

Expect
social
media
posts
linking
official-looking
but
ultimately
frivolous
demand
letters
seeking
documents
from
Time
Magazine
about
the
process
or
FOIA
requests
about
government
involvement.
Maybe
lob
a
request
over
to
Pfizer
since
some
of
his
followers
suggest
that
it’s
all
a
vaccine
plot
since
Travis
Kelce
does
commercials
for
the
pharma
company.
I
wouldn’t
put
it
past
him
to
file
an
HOA
complaint
because
she
keeps
her
Christmas
lights
up
till
January.

Anything
to
look
like
America
First
Legal
does
the
“important”
legal
work
that
only
Newsmax
viewers
can
fund!

What’s
“inorganic”
about
Swift
anyway?
She

namechecks
Gandalf
the
White
in
her
Time
interview
!
Because
if
shadowy
forces
want
to
manufacture
an
artificial
icon
for
tween
girls,
the
first
play
is
always
to
lean
heavy
into
Tolkien
lore.

While
we’re
at
it,
isn’t
“inorganic”
a
weird
word
to
choose?
What
is
he
even
hinting
at
when
he
calls
something
“inorganic”
like
this?


Oh,
the
Jews.
Obviously
the
Jews.

Before
normal
people
started
ratioing
Miller’s
post
with
pictures
of
his
objectively
inorganic
qualities
(let’s
just
say
he
had
a
blank
space
baby
*click* 

and
he
wrote
some
hair
),
his
followers

went
hard
for
the
George
Soros
conspiracy
rhetoric
.
The
monsters
may
turn
out
to
be
just
trees,
but
they
can
be
lucrative
trees
for
America
First
Legal.
MAGA
culture

absolutely

hates

Taylor
Swift

because
she’s
a
successful
unmarried
woman
who
tells
fans
to
register
and
vote.
Posturing
as
an
anti-Swiftie

and
tacitly
encouraging
followers
to
tie
her
to
every
wingnut
boogeyman
from
vaccines
to
George
Soros

is
just
good
business
for
someone
looking
to
financially
feast
off
the
MAGA
hog.

It
could
have
other
career
perks
as
well…

Nothing
better
encapsulates
the
Orwellian
tone
of
Trump’s
Grover
Cleveland
Era
than
an
attorney
general
who
is
pointedly
not
an
attorney.


Earlier
Stephen
Miller
Takes
Break
From
Suing
Gay
Pop-Tarts
To
Sue
NYU
Law
Review


Stephen
Miller
COINCIDENTALLY
Lodges
Complaint
Against
Macy’s
On
The
One
Week
A
Year
When
People
Google
‘Macy’s’


HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
serves
as
a

Managing
Director
at
RPN
Executive
Search
.