Law to Fact

Latest Episodes:

The Professor and the Judge Teach Civil Procedure Dec 17, 2019

Show notes

In this episode...
Judge Lisa Margaret Smith, Magistrate Judge, Southern District of New York and Professor Michael Mushlin, Elisabeth Haub School of Law share their experience jointly teaching their 1L Civil Procedure class with a courtroom component. The program gives the students a flavor of the practical aspects of civil procedure and a context within which to grasp doctrinal concepts. Their approach supplements the traditional casebook materials and typical Socratic teaching method used in first-year law courses by challenging students to draft court documents, allowing them to visit a federal court and meet regularly with the judge. Their approach recognizes the disconnect between 1L doctrinal classroom teaching and the practice of law. This class provides students with context, which translates to a greater interest in and understanding of Civil Procedure Substantive law. The experience has been a huge hit among those who have had the good fortune of taking the class. You can read more about the class, including an analysis of the benefits and costs of the program in Judge Smith and Professor Mushlin's article, The Professor and the Judge: Introducing First-Year Law Students to the Law in Context, 63 J. Legal. Educ. 460 (2014).
This episode is of value to law students, who will learn the importance of courtroom experience. Judge Smith also explains how law students can gain access to a courtroom even if students do not have the benefit of a formal program. The episode is equally important to law professors. Professor Mushlin's first-hand experience is enough to convince any law professor to incorporate some experiential work into every doctrinal class.
Some key takeaways are...

Students learn better when they understand the context of the material
Many schools overlook the fact that students do not have context as they have never been in a courtroom before, and, if they are first-generation law students, they do not have exposure to the legal profession.
Skills assignments and courtroom exposure during the 1L year increase student investment in the subject matter.

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Subject Matter Jurisdiction Dec 10, 2019

Show notes

In this episode…

Ryan Williams, of Mitchell Hamline School of Law and a member of the Kaplan Bar Prep faculty, explains subject matter jurisdiction.

About our guest…

Professor Williams is a Yale University and Georgetown Law graduate, specializing in Civil Procedure, Torts and Bar preparation. He currently teaches at Mitchell Hamline School of Law, and as a bar exam expert lecturer for Kaplan. He has also published numerous articles on national security, and in 2014 was named one of the top law Professors of color in America by Lawyers of Color Magazine.

This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.
Visit kaplanbarreview.com today to sign up.

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Summary Judgment Dec 03, 2019

Show notes

In this episode…

Today’s episode is a viewer request. I was asked to create a podcast on summary judgment and went right to the expert, Ryan Williams, of Mitchell Hamline School of Law and a member of the Kaplan Bar Prep faculty. In this episode, he clearly explains summary judgment in a way that will be sure to help you excel on exams.

Some key takeaways are:

1. Summary judgment is a tool for courts to dispose of a case without holding a trial.

2. A party is granted summary judgment if in light of the facts presented, a reasonable juror could only find for the moving party.

3. Either party can ask for summary judgment

About our guest…

Law to Fact is a podcast about law school for law school students.
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As always, if you have any suggestions for an episode topic, please let us know!
You can email leslie@lawtofact.com or tweet @lawtofact.
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This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.
Visit kaplanbarreview.com today to sign up.

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A Happy 2L Shares Uplifting Advice Nov 26, 2019

Show notes

In this episode...
We speak with law school observer and law student Kayla Molina, a 2L at the University of Oklahoma School of Law. Kayla tweets under the handle @canpanicnow. Her tweets are clever, very clever but are also encouraging to law students. As a 1L Kayla tweeted about issues that concerned her. creating a community beyond that of her law school. As a first-generation law student, she took to Twitter to expand her community. And it has truly expanded, with lawyers, professors, and upper-level students all responding to questions like what are the best bluebook tips to exactly what courtroom attire means to just how to stay positive in after finals. In this episode, we discuss how twitter informed her law school experience. Her takeaway from all of this is, roll with the punches, you are only in law school once and enjoy it. Focus on the big picture.
You can follow Kayla @canpanicnow on Twitter.
Law to Fact is the only podcast where law professors help law students excel in Law School. We are happy to address any law school issues you may have.
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As always, if you have any suggestions for an episode topic, please let us know!
You can email leslie@lawtofact.com or tweet @lawtofact.
-
Find us on Twitter, Instagram, and Facebook!
Review us on iTunes, your opinion matters!
-
Want to stay updated on all things Law to Fact?
Join our mailing list by visiting www.LawToFact.com.
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This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.
Visit kaplanbarreview.com today to sign up.

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Building an Entertainment Law Practice Nov 19, 2019

Show notes

In this episode...
We speak with Los Angelos based attorney Gordon Firemark, about the practice of Entertainment Law.
Some key takeaways are...

Network with entertainment lawyers to make key connections
Build your brand by posting about interesting entertainment law topics
Take tax law!
Mr. Firemark offers a great internship opportunity to work with him on his podcast. Listen for details at the end of the show.

About our guest...
Gordon Firemark helps artists, writers, producers, and directors achieve their dreams in the fields of theater, film, television and new media. Since his admission to practice in 1992, he has focused his attention on providing sound practical, legal and strategic advice to his clients so they can make smart deals, grow their businesses, and do great things.

Gordon is the producer and host of Entertainment Law Update., a podcast for artists and professionals in the entertainment industries. His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry. He is the author of The Podcast, Blog and New Media Producer's Legal Survival Guide.

Mr. Firemark served two terms as President of the Board of Directors of The Academy for New Musical Theatre (now renamed New Musicals, Inc.). In the past he has served on the Boards of Governors of The Los Angeles Stage Alliance , (the organization responsible for the annual Ovation Awards for excellence in Theater) and the Beverly Hills Bar Association, where he served as liaison to the Association's Entertainment Law Section (of which he is a former chairman).
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As always, if you have any suggestions for an episode topic, please let us know!
You can email leslie@lawtofact.com or tweet @lawtofact.
-
Find us on Twitter, Instagram, and Facebook!
Review us on iTunes, your opinion matters!
-
Want to stay updated on all things Law to Fact?
Join our mailing list by visiting www.LawToFact.com.
-
This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.
Visit kaplanbarreview.com today to sign up.

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First Amendment: Free Speech Nov 12, 2019

Show notes

In this episode…

Professor Allen Rostron, the Associate Dean of Students, William R. Jacques Constitutional Law Scholar and Professor of Law at the University of Missouri - Kansas City School of Law, explains the First Amendment as it relates to freedom of speech and provides an outstanding analytical framework for those challenged with answering a free speech question on an exam or the bar.

Some key takeaways are...

Speech is both verbal and non-verbal communication and includes images, instrumental musical communication or even tattoos.
The Government can regulate speech in certain instances.
The government may always regulate obscenity.
In order to understand whether the government can regulate non-verbal speech one must look at intent and understanding.
The government can regulate Commercial speech, student speech and spending limits in limited instances.

About our guest…

Professor Allen Rostron teaches and writes in the areas of constitutional law, tort law, products liability, and conflict of laws.

Before becoming a teacher, Rostron worked in Washington, D.C. as a Senior Staff Attorney at the Brady Center to Prevent Gun Violence, where he was part of a nationwide litigation effort that included lawsuits brought against gun manufacturers by several dozen major cities and counties. Rostron began his career working as a law clerk for Judge Thomas S. Ellis III of the U.S. District Court for the Eastern District of Virginia, and then as a litigation associate at the Cravath Swaine & Moore law firm in New York City.

Professor Rostron’s research and writing has had a significant impact on several areas of law. The Supreme Court of Wisconsin relied on one of his articles in a decision in which it became the first court in the nation to impose proportional or “market share” liability on manufacturers of lead paint. In another article, Professor Rostron suggested a new approach to regulation of high-powered sniper rifles, and that approach was subsequently enacted into law in the District of Columbia and incorporated into proposed federal legislation introduced in the U.S. Senate.

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As always, if you have any suggestions for an episode topic, please let us know!
You can email leslie@lawtofact.com or tweet @lawtofact.
-
Find us on Twitter, Instagram, and Facebook!
Review us on iTunes, your opinion matters!
-
Want to stay updated on all things Law to Fact?
Join our mailing list by visiting www.LawToFact.com.
-
This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.
Visit kaplanbarreview.com today to sign up.

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Election Law Nov 05, 2019

Show notes

In this episode...
Michael Morley, Associate Professor of Law at Florida State University College of Law, explains the essentials of election law. This episode is a must listen to for any student of election law and incredibly informative for those who just want to learn a little bit more about our electoral process, our electoral history and the meaning of Citizens United v. The Federal Election Commission.
Some key takeaways are...

The right to vote is not absolute.
If the burden on the right to vote is too onerous, the right is violated.
Congress can legislate state and local elections under the enforcement clause.

About our guest...
Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies and the federal courts.

Before joining FSU Law, Professor Morley was an associate professor at Barry University School of Law. Prior to his experience in academia, he held numerous positions in both private practice and government, including as special assistant at the Office of the General Counsel, Department of the Army, at the Pentagon, clerk for Judge Gerald B. Tjoflat, of the U.S. Court of Appeals for the Eleventh Circuit, and as an associate at Winston & Strawn, LLP, in Washington, D.C.

Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal, served on the moot court board and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.
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If you're currently in law school, interested in attending law school, or simply want to learn more about law school or the legal field, subscribe to Law to Fact.
-
As always, if you have any suggestions for an episode topic, please let us know!
You can email leslie@lawtofact.com or tweet @lawtofact.
-
Find us on Twitter, Instagram, and Facebook!
Review us on iTunes, your opinion matters!
-
Want to stay updated on all things Law to Fact?
Join our mailing list by visiting www.LawToFact.com.
-
This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.
Visit kaplanbarreview.com today to sign up.

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Securities Law: When is Something a Security? Oct 29, 2019

Show notes

In this episode...
Ann Lipton, the Michael M. Fleishman Associate Professor of Business Law and Entrepreneurship at Tulane Law School explains how to evaluate whether a financial product is a security and therefore subject to securities law regulations.
Some key takeaways are...
1. Stocks and Bonds are securities.
2. Securities are subject to disclosure regulations unless they fall into legislated exceptions.
3. To avoid securities regulation requirements companies and individuals try to disguise products as something other than securities.
4. Courts have developed several tests to evaluate whether a product is a security; the most prominent of which is the Howey test.
About our guest...
Ann M. Lipton is an experienced securities and corporate litigator who has handled class actions involving some of the world’s largest companies. She joined the Tulane Law faculty in 2015 after two years as a visiting assistant professor at Duke University School of Law. In 2016, she was named as Tulane's first Michael M. Fleishman Associate Professor in Business Law and Entrepreneurship. Professor Lipton clerked for U.S. Supreme Court Justice David Souter and 3rd U.S. Circuit Court of Appeals Judge Edward Becker before handling securities and corporate litigation at the trial and appellate levels at law firms in New York City. She also worked briefly for the Securities and Exchange Commission.

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100 Days to Your Next Job Oct 22, 2019

Show notes

In this episode...
I speak with Pamela Davidson, Esq., Director of Legal Recruitment with Special Counsel, about her book, 100 Days to Your Next Job for Law Students and New JDs
Some key takeaways are...

Shop for your dream job on Indeed.com or other recruitment sites.
"Law is a career of service and lawyers love to give back." Take advantage and Network.
Ask for Help. Check out the Ted Talk on How to Ask For Help and Get a Yes.

About our guest...
Pamela Davidson, Esq. is a Director of Legal Recruiting with Legal Counsel, a legal recruiting firm focusing on placements with law firms and corporate legal departments. Prior to joining Special Counsel, Pamela was the Senior Assistant Dean of the Career Resources Department at Western State College of Law, an ABA-approved law school. in that position, Pamela worked with hundreds of law students, recent graduates, and alumni, providing support as they achieved their career goals. Pamela organized workshops, programs and events on topics ranging from resume creation and interview skills to alternative (JD preferred) career paths. She also provided extensive individualized coaching on salary negotiation, business etiquette, networking, professional development, and other essential job-related skills. Prior to joining Western State, Pamela was a legal recruiter in Orange County, placing candidates with law firms and corporate legal departments.
Pamela Holds her B.A. from UCLA, her J.D. and Certificate of Dispute Resolution from Pepperdine University School of Law, and an M.A. in Speech Communication from California State University, Fullerton. She has taught upper and lower division communication courses at CSUF and previously taught the Interviewing & Counseling course at Western State College of Law.
100 Days to Your Next Job for Law Students and New JDs is intended as a comprehensive job search guide for recent graduates heading into the legal market. 100 Days is available through West Academic and also on Amazon.
Pamela can be reached at 100DaysBook@gmail.com.
-
As always, if you have any suggestions for an episode topic, please let us know!
You can email leslie@lawtofact.com or tweet @lawtofact.
-
Find us on Twitter, Instagram, and Facebook!
Review us on iTunes, your opinion matters!
-
Want to stay updated on all things Law to Fact?
Join our mailing list by visiting www.LawToFact.com.
-
This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.
Visit kaplanbarreview.com today to sign up.

Support the show

The Top Ten Reasons Why You Should Take a Tax Class While in Law School Oct 15, 2019

Show notes

In this episode...
Marjorie Kornhauser, the John E. Koerner Professor of Law Emerita at Tulane Law School, gives her top reasons why every student should take a tax class while in law school.
Some key takeaways are...

You don't need to know math to excel in a tax class.
There are tax implications in almost every area of law practice.
Without tax our government can't provide any services to its citizens.

About our guest...
Professor Marjorie Kornhauser is a renowned tax scholar who has published extensively and is a sought-after speaker on tax topics throughout the U.S. and abroad. She began her teaching career in 1984 at Cleveland-Marshall College of Law and joined the Tulane Law School faculty in 1992, remaining until 2006, when she began teaching at Arizona State University's Sandra Day O’Connor College of Law. She rejoined the faculty from 2013-until 2016. She also has taught as a visiting professor at the University of Michigan Law School and Boston College Law School.

Her research focuses on the intersection of federal income taxation and society.

Kornhauser created and currently runs TaxJazz: The Tax Literacy Project. TaxJazz provides ordinary individuals, teachers and communities easily accessible, non-partisan, information about tax and tax policy so they may participate in an informed way in a rational debate about the future of American tax policy. Among its activities is a one-week curriculum which Tulane Law students—under her supervision—teach in New Orleans high schools.
You can reach Professor Kornhauser at taxjassproject@gmail.com or at marjorie.kornhauser@tulane.edu
If you're currently in law school, interested in attending law school, or simply want to learn more about law school or the legal field, subscribe to Law to Fact.
-
As always, if you have any suggestions for an episode topic, please let us know!
You can email leslie@lawtofact.com or tweet @lawtofact.
-
Find us on Twitter, Instagram, and Facebook!
Review us on iTunes, your opinion matters!
-
Want to stay updated on all things Law to Fact?
Join our mailing list by visiting www.LawToFact.com.
-
This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.
Visit kaplanbarreview.com today to sign up.

Support the show

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