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    Education

    Law to Fact

    Law to Fact is the renown podcast for law students where substantive legal issues are discussed with distinguished law professors from across the nation. Today, it is the go to place for all things law including course material, application tips, study strategies, and career advice—all packed into one podcast. Law to Fact is hosted by Professor Leslie Garfield Tenzer of the Elisabeth Haub School of Law at Pace University.

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    Copyright: ℗ & © 2019 Law To Fact

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    Latest Episodes:
    The 5 Myths About Studying for the LSAT Oct 11, 2019
    Show notes

    In this episode....
    Steve Schwartz, LSAT tutor and author of the LSAT Blog shares the 5 Myths about studying for the LSAT and explains the proper approach to assure LSAT success.
    Some key takeaways are:

    1. Five to six months is the ideal amount of study time to ace the LSAT.
    2. Take the LASER approach to studying for the LSAT: Learning, Accuracy, Sections, Exam and Review.
    3. Practice with real official LSAT questions.

    About our guest…
    Steve Schwartz is a full-time author, teacher, and founder of the LSAT Blog and LSAT Unplugged YouTube channel and LSAT Unplugged podcast, with an audience of over 100,000 on LSAT and law school admissions. He's taught the LSAT since 2005 and scored 175 on the LSAT.
    Check out these links Steve is sharing with us
    Free LSAT Cheat Sheet: https://bit.ly/lsatcheatsheet
    Free LSAT Course: https://bit.ly/lsatcourse
    LSAT Blog Free Stuff: http://lsatblog.blogspot.com/p/lsat-prep-tips.html
    -
    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


    Res Ipsa Loquitur Oct 08, 2019
    Show notes

    In this episode…
    Lawrence Levine, Director of the Summer Program in Salzburg and Professor of Law at McGeorge School of Law explains the Tort concept of Res Ipsa Loquitur.

    Some key takeaways are…
    Res ipsa loquitur is a type of circumstantial evidence for proving negligence.
    To prove res ipsa loquitur one must show:

    1. The harm would not have happened but for a negligent act
    2. The defendant most likely had control over the instrumentality that caused the harm

    Do not get intimidated by latin phrases.

    About our guest…
    Professor Lawrence Levine is the Director of the Summer Program in Salzburg and Professor of Law at McGeorge School of Law where he teaches Torts, Sexual Orientation and the Law and Legal Profession. After graduating from the University of California, Hastings College of the Law with honors, Professor Levine clerked for Judge Eugene F. Lynch (U.S. District Court, Northern District of California). He then was an associate with Morrison & Foerster in San Francisco for two years. Professor Levine was also an adjunct faculty member of UC Hastings College of Law before coming to McGeorge in 1985. Professor Levine has authored several books and articles on the subject of torts. He is the co-author of A Torts Anthology and is a co-author of the torts treatise, Understanding Torts, and a torts casebook, Tort Law and Practice. Professor Levine lectures on Criminal Law for Kaplan Bar Review.

    -
    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


    Preparing for That Major Memorandum of Law in Legal Analysis and Writing Sep 24, 2019
    Show notes

    In this episode, Christine Coughlin, Professor of Legal Writing at Wake Forest Law School, shares tips for success on the open memorandum of law.
    Some key takeaways are...

    1. Clear thinking will lead to clear writing.
    2. Research is a recursive process
    3. Set a personal due date a few days before the final due date
    4. Your grade on the closed memorandum does not necessarily predict your grade on the open memorandum or on your exams

    About our guest...

    Professor Coughlin is a multiple-award winning teacher, recognized for both her teaching and scholarship. She is the recipient of the the 2017 Mary S. Lawrence Award from the Legal Writing Institute, the Wake Forest University Teaching and Learning Center's Teaching Innovation Award, the Joseph Branch Award for Excellence in Teaching and a multi-year recipient of the Graham Award for Excellence in Teaching Legal Research and Writing. Professor Coughlin also has appointments in the Wake Forest University Graduate School of Arts and Sciences, and the Wake Forest School of Medicine's Translational Science Institute. She is a core faculty member in the Wake Forest University Center for Bioethics, Health & Science.
    -
    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


    Model Penal Code: The Four Levels of Intent Sep 24, 2019
    Show notes

    In this episode...
    Professor Leslie Garfield Tenzer explains the four levels of intent within the Model Penal Code ("MPC"): Purposeful, Knowingly, Recklessly, and Negligently. It goes one to provide context for understanding their differences.
    Some key takeaways are...

    1. One is purposeful when it is their goal to accomplish the harm
    2. One acts knowingly when it is not their goal but they are pretty darn certain their conduct will cause the harm.
    3. One acts recklessly when they are personally aware of a risk that their conduct will cause the harm.
    4. One acts negligently when they may not be aware their conduct will cause the harm but a reasonable person would be aware of such an occurrence.

    -
    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


    Thinking About Punishment and the Criminal Law Sep 24, 2019
    Show notes

    In this episode...
    John Humbach, Professor of Law at the Elisabeth Haub School of Law discusses the notion that crime is caused by culpable mental states (such as intentions) and describes how criminal justice could be different if we stopped focusing so much on assigning "blame" and paid more attention to how we can best prevent crimes from happening in the first place.
    Some key takeaways...

    1. 25% of American adults have criminal records.
    2. 30% are of young people are arrested by the time they are 23.
    3. Our criminal justice system focuses is flawed because it continues to punish based on traditional notions of blameworthiness.
    4. Punishment would be much more effective if it took into account more modern findings of neuroscience.


    About our guest…
    Professor John Humbach is a professor of law at the Elisabeth Haub School of Law where he teaches, among other subjects, Criminal Law, Property and Professional Responsibility. He is the author of Whose Monet? An Introduction to the American Legal System; a seminal book for law school orientation. Professor Humbach practiced corporate/securities law for five years on Wall Street before entering law teaching in 1971. Most of his teaching experience before coming to Pace in 1977 was at Fordham Law School, but he also taught at Brooklyn Law School and as a visiting professor at the University of Illinois and the University of Hawaii. He has authored a number of articles in the areas of property law and professional responsibility, as well as computer-assisted instruction programs for first-year property students. He serves as chairman of his community Architectural Review Board, and was active in the preservation of the 22,000 acre Sterling Forest, at the edge of the NYC metropolitan area. Professor Humbach served as James D. Hopkins Chair in Law during the 1993–1995 academic years.
    -
    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


    Criminal Procedure: Terry Stops Sep 17, 2019
    Show notes

    In this episode...
    Andrea Armstrong, Law Visiting Committee Distinguished Professor of Law at Loyola University New Orleans College of Law explains how to evaluate the constitutionality of a stop and a frisk. Professor Armstrong centers her discussion on Terry v. Ohio and provides an essential understanding of both the law and its background.
    Some key takeaways are...

    1. Police may not detain persons absent reasonable suspicion.
    2. Courts define reasonable suspicion as specific and articulable facts from which suspicion can be made - something between a gut hunch and probable cause
    3. Police may frisk someone if they have reasonable suspicion that the person is armed or dangerous.

    About our guest...
    Professor Armstrong is a Professor of Law at Loyola University New Orleans, College of Law. She is a leading national expert on prison and jail conditions and is certified by the U.S. Department of Justice as a Prison Rape Elimination Act auditor. Her research focuses on the constitutional dimensions of prisons and jails, specifically prison labor practices, the intersection of race and conditions of incarceration, and public oversight of detention facilities. She teaches in the related fields of constitutional law, criminal law, race and the law, and constitutional criminal procedure. Andrea Armstrong is co-chair of the Community Advisory Group for the New Orleans MacArthur Safety and Justice Challenge and a founding board member of the Promise of Justice Initiative, a non-profit organization focused on death penalty abolition and prison conditions. Professor Armstrong is a graduate of Yale Law School, the Woodrow Wilson School of Public and International Affairs at Princeton University, where she completed her M.P.A. in International Relations, and New York University.
    -
    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


    Understanding Hearsay Sep 10, 2019
    Show notes

    In this episode...
    Chris Fromm, Executive Director of Institutional and Supplemental Programs at Kaplan Bar Review and Kaplan Bar Review and adjunct Professor at Hastings Law School explains Hearsay law. He has passed the bar exam in Pennsylvania, New York, New Jersey, Colorado, Arizona, Oregon and Hawaii. Professor Fromm heads all educational aspects of Kaplan’s Institutional Programs, from hiring and training new lecturers to developing curriculum for more than a dozen schools and over 1000 students.
    About our guest...
    Professor Chris Fromm lectures nationally on hearsay and other issue related to the multi-state bar exam. He has passed the bar exam in Pennsylvania, New York, New Jersey, Colorado, Arizona, Oregon and Hawaii. Professor Fromm heads all educational aspects of Kaplan’s Institutional Programs, from hiring and training new lecturers to developing curriculum for more than a dozen schools and over 1000 students. He began his career at a prosecutor at the Philadelphia District Attorney's Office. In addition to his work with Kaplan, Professor Fromm is an adjunct professor at UC Hastings Law Scholo, University of San Fransisco Law School and Santa Clara School of Law.
    -
    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


    Career Trajectory Sep 03, 2019
    Show notes

    In this episode...
    Mike Cohn, Founder and President of Berkley Development shares his own journey out of the law. He begins with a fateful phone call that took him out of the litigation practice he spent three years preparing for and into real estate, a practice area he knew nothing about, but ended up being ideal. Mike has the benefit of perspective and shares with us his first-hand understanding that one’s first job out of law school is likely to look nothing like the jobs you hold down the road.
    Some key takeaways are...

    1. The law that interests you when you enter law school is not necessarily the law that interests you when you leave.
    2. After your first job, your work product becomes your resume.
    3. Acquire mentors. Different mentors are helpful for different reasons.
    4. Envision your life in 5-7 years and then work backward. What steps must you take to reach that 5-7 year goal?


    About our guest...
    After running numerous large retail platforms over the course of his 30 years in commercial real estate, in 2016 Mike Cohn founded Berkley Development, an Atlanta based real estate investment firm. Berkley Development specializes in the capitalization and development/redevelopment of commercial and mixed-use development projects throughout the Sun Belt.

    Prior to founding Berkley, Mike was the co-founder of Lennar Commercial, a Miami FL based subsidiary of Lennar Corporation, Previously, Mike was Executive Vice President at Cousins Properties in Atlanta overseeing Cousins nationwide retail platform, and Senior Managing Director at Faison & Associates responsible for Faison's development and operating platform in the Southeastern US. Mike began his career as a commercial real estate attorney at Troutman Sanders, an Atlanta based international law firm.

    Mike received a BBA with high distinction in Accounting and Finance from Emory University and a Juris Doctor degree with honors from the University of Florida College of Law.
    -
    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


    How to Avoid Common Pitfalls in Legal Research and Writing Classes Aug 27, 2019
    Show notes

    In this episode...
    Ellie Margolis, Professor of Law at the Beasley Law School at Temple University discusses some common pitfalls students face in their legal writing and analysis classes. We share a deep respect for legal writing and agree that legal writing courses are among the most important and most relevant classes you will take while in law school.
    Some key takeaways are:

    1. Don’t wait until the last minute to write your paper. A good memorandum requires revisions.
    2. Don’t be adversarial, be honest.
    3. Write to your intended audience.
    4. Follow samples of good writing.
    5. And my favorite: Don’t write a book report. DO NOT describe cases, use cases to make your argument.

    About our guest…
    Professor Margolis is a published expert on appellate brief writing and advocacy. Her scholarship often labeled “ground-breaking,” is widely cited in legal writing textbooks, law review articles, and appellate briefs. Before joining the Temple faculty in 1996, Professor Margolis taught at Vermont Law School, where she was Assistant Director of the Legal Writing Program. She also had a prestigious Skadden Fellowship to practice public interest law at Cambridge and Somerville Legal Services, where she represented clients on matters involving receipt of public benefits and unemployment.

    You can follow Professor Margolis on twitter @elliemargolis
    -
    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 Four Myths of the Federal Rules of Civil Procedure Aug 20, 2019
    Show notes

    In this episode...
    Michael Mushlin, Professor at the Elisabeth Haub School of Law at Pace University, responds to one of the most perplexing issues for law students: How do the Federal Rules of Civil Procedure fit within the Civil Procedure class framework. This episode is essential for any student studying Civil Procedure.
    Some key takeaways are:

    1. The Rules Cover the Waterfront (that they apply to everything)
    2. The Rules are Indecipherable (that you can't read them even if you try)
    3. The Rules are Divinely Inspired (courts are not permitted to interpret them)
    4. The Rules Don't Always Apply as Written.


    About our guest…
    Professor Michael B. Mushlin teaches Civil Procedure, Evidence, and Prisoners' Rights. He is the author of book chapters, and articles on a variety of subjects involving evidence, federal jurisdiction, civil procedure, children's rights, and prisoners' rights that have appeared in journals such as the Yale Law and Policy Review, UCLA Law Review, Harvard Civil Rights Civil Liberties Law Review, The Journal of Legal Education, Brooklyn Law Review, and the Fordham Urban Law Journal. He also is the author of RIGHTS OF PRISONERS (4th ed West) a four-volume comprehensive treatise on the law regarding prisoners' rights and NEW YORK EVIDENCE WITH OBJECTIONS (4th ed National Institute of Trial Advocacy 2013) (with Jo Ann Harris).

    Professor Mushlin was appointed Charles A. Frueauff Research Professor of Law during the 1991-1992 academic year, and James D. Hopkins Chair in Law during the 2005-2007 academic years at Pace Law School. He received his J.D. cum laude, from Northwestern University School of Law. Professor Mushlin practiced as a public interest and civil rights lawyer for 15 years as staff attorney with Harlem Assertion of Rights, Inc., as staff attorney and Project Director of the Prisoners' Rights Project of the Legal Aid Society, and as Associate Director of the Children's Rights Project of the American Civil Liberties Union.
    -
    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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