Law school, like life, isn't fair. Professors sometime ask questions on tests that weren't covered in class. Or the moot court professor overrules your valid objection in order to enable the other side to make their point.
Law school isn't about being fair. Because the law isn't always fair. There's no way to obtain perfect justice in a system that was and continues to be developed by fallible human beings. Law school prepares you for the real world, not some perfect utopian legal world that doesn't exist.
Case in point: last year Civil Procedure was an excruciating class. I left every class confused and nervous about the final and midterm. The midterm was brutal. There were questions that weren't addressed in any form or substance in lectures. I got a C on the midterm. In essence, it was unfair. I don't study to make C's. I study to make A's. I felt cheated.
But what was I supposed to do? Complain to the professor that the test was unfair?
No.
I took my frustration from that midterm and made sure I understood the material to where I wouldn't make the same mistake on the final.
I busted my ass for the Civil Procedure final. Tens of hours, maybe even a hundred were spent fine tuning my understanding.
I ended up making an A in the class.
My point is this: when an injustice happens, rise to the occasion. Tackle it. Overcome it. Don't mope on the ground and argue why it shouldn't have happened. Get up and just go!
Law school is designed to be incredibly difficult, that's why everyone isn't a lawyer.
Thursday, June 23, 2011
Thursday, June 16, 2011
Righting Write
If often surprises me how many of my fellow law students loathe essays on midterms and finals. Many of them would rather have short answer or multi-state (multiple choice) questions. It's my personal belief that many law students loathe essays because they simply don't know how to write a good essay response.
I've done fairly well on my essay writing, as in straight A's, so I feel I have some position to advise law students on how to frame their essay responses.
The first mistake a law student can make is simply read the essay fact pattern once and then begin writing. You HAVE to read through the facts at least twice, if not three times. Law school essays are purposefully designed to have multiple issues and the professor expects you to address each one in order to get a high score.
After I've read through the fact pattern enough to accurately identify each issues, I then write out each issue to the side. This allows me to create a "bare-bones" framework for my essay. I'll also refer back to this list when writing my essay to keep on track.
When I begin writing an essay, I begin by giving a brief preview of the issues that I plan to address. This creates a legal "roadmap" that makes the essay more organized and easy to follow.
I then state the applicable law (AKA "Issue Spotting"), because before you explain why the result should be what it is, you MUST provide a legal basis that provides the underpinning for your reasoning. And that legal basis MUST be relevant. It amazes me how law students go on for an entire paragraph about a legal principle that wasn't even asked to be addressed within the facts given in the fact pattern.
Next, keep your points concise. State enough of the law to show you know what you're talking about, but don't over-do it. Then tie in the applicable law to the facts. This is known as your reasoning, this is how you transform the applicable legal principle to the outcome of the case.
Most professors want an end result, for you to tell "who should win". It's my personal belief that any essay could be successfully argued for the plaintiff or the defendant. In these types of essays, professors are looking more at how effectively you frame your argument and how strong you use those arguments and the applicable law to advocate for your client. As long as you apply the correct law and your reasoning is sound, you can persuade the professor in your answer.
In deciding which side "should win", I create virtual stacks with the given facts. I argue for the side that I believe has the "highest stack", AKA "strongest case", after comparing the pros and cons of every available claim for the plaintiff, and defense for the defendant.
Which brings me to my next point. You MUST acknowledge the weaknesses in your argument. You simply cannot act like they don't exist. This tactic won't work in the real world, so professors won't let you get away with it in law school. If there's a defense that might bar the plaintiff's claim, and you're arguing for the plaintiff, address the defense. But address it in a way that disarms the defense. State how your position can overcome the defense. The same strategy works vice versa, if you're arguing for the defendant.
As I draw my essays to a close for a midterm or final, I also do a brief summary of the issues and the probable outcomes after applying the applicable law. It serves as organized closure when perhaps I've written several pages for an essay.
I personally prefer essays over any other type of question because it allows me to "stretch my legs" and fully explain the reasoning behind my answer, rather than simply being wrong because I marked the wrong alphabetical answer.
I've done fairly well on my essay writing, as in straight A's, so I feel I have some position to advise law students on how to frame their essay responses.
The first mistake a law student can make is simply read the essay fact pattern once and then begin writing. You HAVE to read through the facts at least twice, if not three times. Law school essays are purposefully designed to have multiple issues and the professor expects you to address each one in order to get a high score.
After I've read through the fact pattern enough to accurately identify each issues, I then write out each issue to the side. This allows me to create a "bare-bones" framework for my essay. I'll also refer back to this list when writing my essay to keep on track.
When I begin writing an essay, I begin by giving a brief preview of the issues that I plan to address. This creates a legal "roadmap" that makes the essay more organized and easy to follow.
I then state the applicable law (AKA "Issue Spotting"), because before you explain why the result should be what it is, you MUST provide a legal basis that provides the underpinning for your reasoning. And that legal basis MUST be relevant. It amazes me how law students go on for an entire paragraph about a legal principle that wasn't even asked to be addressed within the facts given in the fact pattern.
Next, keep your points concise. State enough of the law to show you know what you're talking about, but don't over-do it. Then tie in the applicable law to the facts. This is known as your reasoning, this is how you transform the applicable legal principle to the outcome of the case.
Most professors want an end result, for you to tell "who should win". It's my personal belief that any essay could be successfully argued for the plaintiff or the defendant. In these types of essays, professors are looking more at how effectively you frame your argument and how strong you use those arguments and the applicable law to advocate for your client. As long as you apply the correct law and your reasoning is sound, you can persuade the professor in your answer.
In deciding which side "should win", I create virtual stacks with the given facts. I argue for the side that I believe has the "highest stack", AKA "strongest case", after comparing the pros and cons of every available claim for the plaintiff, and defense for the defendant.
Which brings me to my next point. You MUST acknowledge the weaknesses in your argument. You simply cannot act like they don't exist. This tactic won't work in the real world, so professors won't let you get away with it in law school. If there's a defense that might bar the plaintiff's claim, and you're arguing for the plaintiff, address the defense. But address it in a way that disarms the defense. State how your position can overcome the defense. The same strategy works vice versa, if you're arguing for the defendant.
As I draw my essays to a close for a midterm or final, I also do a brief summary of the issues and the probable outcomes after applying the applicable law. It serves as organized closure when perhaps I've written several pages for an essay.
I personally prefer essays over any other type of question because it allows me to "stretch my legs" and fully explain the reasoning behind my answer, rather than simply being wrong because I marked the wrong alphabetical answer.
Saturday, June 11, 2011
Cold Water
My Conflict of Laws book is open. I have my case briefing template minimized on my MacBook right now. It's been that way for 2 hours. I simply can't find the will to brief another case right now. I am. Burned. Out.
Don't get me wrong, I love law school. But there's two weeks left until we get a brief 2 week break. It can't come fast enough.
I find myself looking for distractions from having to study today. But with a midterm and a small quiz next week, in addition to the "normal" caseload, I've reached my maximum mental saturation. And it's only 1:32pm!
It doesn't help that my wife and daughter are napping either. That allows me to internet surf/watch movies undistracted, while serving as a distraction...
Excuse me while I find a glass of cold water to throw on my face.
Don't get me wrong, I love law school. But there's two weeks left until we get a brief 2 week break. It can't come fast enough.
I find myself looking for distractions from having to study today. But with a midterm and a small quiz next week, in addition to the "normal" caseload, I've reached my maximum mental saturation. And it's only 1:32pm!
It doesn't help that my wife and daughter are napping either. That allows me to internet surf/watch movies undistracted, while serving as a distraction...
Excuse me while I find a glass of cold water to throw on my face.
Sunday, June 5, 2011
Open & Close
"When a door closes, a new one opens". Oh, how that adage has proved true this week. I waited three months to hear back on a job opportunity only to find out last friday that the company decided not to open the position. I dreamed about having this job, it was exactly what I wanted to do.
But, an opportunity almost identical to that one opened up this week, too. The company wants to fill the position fast, so if they find that I'm a good fit, hopefully I'll have good news soon.
I've learned so much over these past 5 months that I have months of blog material floating in my head right now.
I continue to love this year of law school. The classes are much more interesting and shorter. I find more and more that I'm drawn to drafting wills and estate planning. While I don't think I want to do that exclusively, I can see it making up a sizable portion of my law practice.
I'm doing more work for my father, which has given me invaluable insight and experience. I'm grateful that I have the unique opportunity to learn the hands-on application of the law.
For now, I look ahead, with the constant reminder that I'm simply in a legal incubator. I'm soaking in the training and learning all I can. Because one day soon, I'll be making difficult legal decisions, and it better be the right ones.
Friday, May 27, 2011
Owl City
A music blog!
I was a mid-comer to Owl City. 'Fireflies' had just been released on Adult Alt stations. From first hearing Fireflies on XM's Alt Nation, I was hooked. I instantly got "Ocean Eyes", the second album, and "Maybe I'm Deaming", the first album. A few months later, 'Fireflies' broke onto the pop charts.
Owl City is Adam Young. He developed his craft in pop-electronic during sleepless nights in his parents basement. His first album, "Maybe I'm Dreaming" was solely his creation. There was no record label backing. But the fan base grew. The album has a rawness to it throughout. It's not perfect, but you don't want it to be. My favorite tracks include "Technicolor Phase", "I'll Meet You There", "Early Birdie", and the laughter-evoking "Super Honeymoon".
Owl City is innocent, witty, and at times, completely random. You feel like you're traveling through random thoughts in Adam Young's head. In the day where impropriety is the norm, Owl City is a refreshing wave of modesty and a child-like inquisition. It doesn't hurt that Adam Young can write hooky synth parts and lyrics for days.
"Maybe I'm Dreaming" caught the attention of labels, and Adam Young was signed for his second release, "Ocean Eyes". Adam Young teamed up with Matt from Relient K to hone in the tongue-in-cheek lyrics. "Ocean Eyes" shows a maturity and step in the right direction, with cleaner production, more streamlined musical ideas, and adds a "commerciality" to the music. By far, the highlight of the album, in my opinion, is the remix of "Hello Seattle".
Today I had the chance to preview Owl City's newest album, "All Things Bright and Beautiful". The production is taken up a notch. The song writing has matured, but Adam Young maintains his innocence. Some tracks completely floor me. Must listens include "Deer in the Headlights", "Galaxies", "Dreams Don't Turn to Dust", and "Kamikaze". The single, "Alligator Sky" has obviously been tailored for commercial release, but I feel that it's definitely not the strongest. "How I Became the Sea" is a beautiful bonus track that must not be missed.
On "All Things Bright and Beautiful", Young has done a great job of that balancing test all artists struggle with: retaining their sound while offering something new.
I was a mid-comer to Owl City. 'Fireflies' had just been released on Adult Alt stations. From first hearing Fireflies on XM's Alt Nation, I was hooked. I instantly got "Ocean Eyes", the second album, and "Maybe I'm Deaming", the first album. A few months later, 'Fireflies' broke onto the pop charts.
Owl City is Adam Young. He developed his craft in pop-electronic during sleepless nights in his parents basement. His first album, "Maybe I'm Dreaming" was solely his creation. There was no record label backing. But the fan base grew. The album has a rawness to it throughout. It's not perfect, but you don't want it to be. My favorite tracks include "Technicolor Phase", "I'll Meet You There", "Early Birdie", and the laughter-evoking "Super Honeymoon".
Owl City is innocent, witty, and at times, completely random. You feel like you're traveling through random thoughts in Adam Young's head. In the day where impropriety is the norm, Owl City is a refreshing wave of modesty and a child-like inquisition. It doesn't hurt that Adam Young can write hooky synth parts and lyrics for days.
"Maybe I'm Dreaming" caught the attention of labels, and Adam Young was signed for his second release, "Ocean Eyes". Adam Young teamed up with Matt from Relient K to hone in the tongue-in-cheek lyrics. "Ocean Eyes" shows a maturity and step in the right direction, with cleaner production, more streamlined musical ideas, and adds a "commerciality" to the music. By far, the highlight of the album, in my opinion, is the remix of "Hello Seattle".
Today I had the chance to preview Owl City's newest album, "All Things Bright and Beautiful". The production is taken up a notch. The song writing has matured, but Adam Young maintains his innocence. Some tracks completely floor me. Must listens include "Deer in the Headlights", "Galaxies", "Dreams Don't Turn to Dust", and "Kamikaze". The single, "Alligator Sky" has obviously been tailored for commercial release, but I feel that it's definitely not the strongest. "How I Became the Sea" is a beautiful bonus track that must not be missed.
On "All Things Bright and Beautiful", Young has done a great job of that balancing test all artists struggle with: retaining their sound while offering something new.
Friday, May 20, 2011
Life Update
I've strayed away from talking about my personal life in recent months. Intentionally.
Words cannot describe what's being going on emotionally, mentally, and psychologically. I've lost count how many jobs I've applied for, maybe 50-60. I'm emotionally exhausted at this point.
I was looking forward to this week. I was excited about a possible position with a law firm that was opening up. The interview was not what I expected. The job that was opening was not what I expected. If there's anything I've learned this week, it's to go in with literally no expectations. I tend to set high expectations, which sets me up for some pretty hard falls in the form of reality checks.
I'm still waiting on a job I interviewed for almost 3 months ago. 3 months! 90 days! It seems like it's been an eternity. This is the job you could say I'm believing for. It's a dream job. I'm simply waiting for it to materialize. And waiting.
Another good prospect opened up this week. It will be a while before I hear back on it, though.
I'm past the 4 month mark in my search of a new full-time job.
But that doesn't mean I haven't been busy.
I wait tables with as many shifts I can pick up a week. I still ship guitars for Mark's Guitar Stuff, thanks Joel!
My dad has also been giving me a TON of legal work to do. These three jobs combined practically make up a full-time job.
I've completely forgotten my BMI days where I worked my 40 hours and enjoyed the weekend. I have no set schedule, everything is beautifully chaotic.
My bills are getting paid, my fridge is full, my family is safe. Not much more I can ask for at this point, except for that job!
I hope the words of a close friend ring true when they told me they felt that this transition period I've been going through will end soon.
Words cannot describe what's being going on emotionally, mentally, and psychologically. I've lost count how many jobs I've applied for, maybe 50-60. I'm emotionally exhausted at this point.
I was looking forward to this week. I was excited about a possible position with a law firm that was opening up. The interview was not what I expected. The job that was opening was not what I expected. If there's anything I've learned this week, it's to go in with literally no expectations. I tend to set high expectations, which sets me up for some pretty hard falls in the form of reality checks.
I'm still waiting on a job I interviewed for almost 3 months ago. 3 months! 90 days! It seems like it's been an eternity. This is the job you could say I'm believing for. It's a dream job. I'm simply waiting for it to materialize. And waiting.
Another good prospect opened up this week. It will be a while before I hear back on it, though.
I'm past the 4 month mark in my search of a new full-time job.
But that doesn't mean I haven't been busy.
I wait tables with as many shifts I can pick up a week. I still ship guitars for Mark's Guitar Stuff, thanks Joel!
My dad has also been giving me a TON of legal work to do. These three jobs combined practically make up a full-time job.
I've completely forgotten my BMI days where I worked my 40 hours and enjoyed the weekend. I have no set schedule, everything is beautifully chaotic.
My bills are getting paid, my fridge is full, my family is safe. Not much more I can ask for at this point, except for that job!
I hope the words of a close friend ring true when they told me they felt that this transition period I've been going through will end soon.
Sunday, May 15, 2011
Immigration and Pork
I had the privilege of spending the last 48 hours with the nation's top Immigration lawyers and judges. Coming into this experience with pretty much no knowledge on Immigration Law, the first day was a barrage of lingo and an extremely dense primer on the subject. The second day was much easier, having become at least a little familiar with the subject.
If there's anything I took away, it's an appreciation for the depth of Immigration Law and the amount of legal acumen that's required to effectively navigate a client through various Immigration issues.
Suddenly convenient political talking points became obsolete and to be honest, pretty ignorant.
In the midst of this literal pouring of legal knowledge into my brain, my dad and I got to sample some of the best BBQ Memphis had to offer. We had the unique experience of attending the Barbecue Festival, which the mayor adequately described as mardi gras with barbecue.
It was truly an eye-opening experience on an area of law that's sure to undergo substantial changes within the next few years and a great food experience!
If there's anything I took away, it's an appreciation for the depth of Immigration Law and the amount of legal acumen that's required to effectively navigate a client through various Immigration issues.
Suddenly convenient political talking points became obsolete and to be honest, pretty ignorant.
In the midst of this literal pouring of legal knowledge into my brain, my dad and I got to sample some of the best BBQ Memphis had to offer. We had the unique experience of attending the Barbecue Festival, which the mayor adequately described as mardi gras with barbecue.
It was truly an eye-opening experience on an area of law that's sure to undergo substantial changes within the next few years and a great food experience!
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