Law to Fact

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Bryan Garner on Garner's Guidelines for Drafting and Editing Contracts Aug 13, 2019

Show notes

In this episode...
We speak with legal writing authority, and professional treasure Bryan Garner about his most recent book, Garner's Guidelines for Drafting and Editing Contracts, published by West Academic.
Some key takeaways...

Unlike most legal writing, contract writing is about the future; it guides parties about what will happen next in their relationship with each other.
Precision matters in contract writing. Precise writing will create unmistakably and help to avoid conflict in the future.
Every lawyer, regardless of the area of law in which they practice, needs a merger clause.

About our guest...
Bryan Garner is the authority on legal writing. He is the editor in chief of Black's Law Dictionary and the author of many leading works on legal style, including A Dictionary of Modern Legal Usage, The Elements of Legal Writing Style, Garner's The Redbook: A Manual of Legal Style, The Winning Brief, and The Winning Oral Argument. He has co-written two books with Justice Antonin Scalia; Reading the Law: The Interpretation of Legal Texts and Making Your Case: The Art of Persuading Judges. His magnum opus is the 897-page Garner's Modern Usage Style, published by Oxford University Press. It is widely considered the preeminent authority on questions of English usage.
Prof. Garner received an Honorary LL.D. from Thomas M. Cooley Law School in 2000; a J.D. from the University of Texas at Austin in 1984, where he was an Associate Editor of the Texas Law Review; and a B.A. from the University of Texas at Austin in 1980, with Special Honors in Plan II. He is President of LawProse, Inc., the foremost provider of CLE training in legal writing, editing, and drafting. His many professional activities include service on the Board of Directors of the Texas Law Review Association and on the Editorial Advisory Boards of The Copy Editor and The Green Bag, and as a consultant to the Oxford Dictionary Department in Oxford, England. Prof. Garner has received the 2005 Lifetime Achievement Award in Plain Legal Language, the 2000 Scribes Book Award for Research and Writing (for Black's Law Dictionary, 7th ed.), and the 1998 Outstanding Young Texas Ex Award, as well as many other honors and awards.
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The Key to Writing a Good Exam: IRAC, Issue, Rule, Analysis, Conclusion Aug 06, 2019

Show notes

In this episode…
Renee Allen, Assistant Professor of Legal Writing at St. John’s School of Law, explains the most fundamental concept of exam writing; IRAC. IRAC stands for Issue, Rule, Analysis, Conclusion and it is the ideal framework for thinking about legal issues, writing legal memorandum, and most important to law students,
Some key takeaways are:
1. The A in IRAC gets the most points on an exam
2. When answering an exam, always explain the “why.” Why does this fact matter to proving your point?
3. IRAC is a skill that takes some time to practice.
4. Law school tests your ability to analyze more than your ability to memorize.
About our guest…
About our guest...
Renee Allen is an Assistant Professor of Legal Writing at St. John’s University School of Law. Before Joining St. John’s she served as the University of Tennessee Law School’s first director of Academic Success, where she developed and taught programs designed to enhance the analytical skills required for success in law school, on the bar exam, and in the practice of law. Her research and teaching interests include educational psychology, andragogy, Millennials, critical race theory, and social justice.
Prior to joining UT Law, Allen was a faculty member at Florida A&M University College of Law where she served as the acting director of the Academic Success and Bar Preparation Program. Allen has practiced family law in a metro Atlanta law firm and is a member of the Georgia Bar.
You can follow Professor Allen on Twitter @profallentweets
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As always, if you have any suggestions for an episode topic, please let us know!
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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.
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Securing the Proper Accommodations for Law School Jul 30, 2019

Show notes

In this episode...
Katherine MacFarlane, Associate Professor of Law at the University of Idaho School of Law explains the importance of securing necessary accommodations in law school and how to make certain your needs are met.
Some key takeaways...

"There is a place for students with disabilities within the law"
Law School accommodations are awarded prospectively not retrospectively.
Students are encouraged to ask for accommodations, your school will decide if the accommodation is reasonable.

About our guest...
Professor Katherine Macfarlane teaches Constitutional Law, Civil Procedure and Civil Rights Litigation. She writes about how civil procedure impacts civil rights outcomes.

Professor Macfarlane was recognized by the Idaho Business Review as a 2019 Accomplished Under 40 honoree. She was awarded the University of Idaho College of Law's 2019 Diversity and Human Rights Award. Professor Macfarlane represents the College of Law on the District of Idaho’s Local Rules Committee.

Professor Macfarlane is also a healthcare and disability expert. Her healthcare and disability commentary has been featured in the Ms. Magazine Blog, The Mighty, Creaky Joints, and BUST, as well as several literary journals.
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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.
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Mani Tafari on the documentary "Who Killed Garrett Phillips" Jul 23, 2019

Show notes

In this episode...
We speak with a former student, Mani Tafuri. Now as a new attorney, Mani found himself in the middle of a very personal legal fight. Police in upstate New York charged one of his closest friends for the murder of the 12-year-old son of a former girlfriend. The legal challenges that followed were remarkable, both the racial bias that grew from the case and the constitutional violations. The case was of such import and interest that it is now the subject of an HBO documentary, Who Killed Garrett Phillips, airing on HBO.
About our guest...
Mr. Mani Tafuri is a criminal defense attorney in Queens, NY. Prior to practicing in his own law firm, he was a Staff Attorney at The Legal Aid Society.
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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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Review us on iTunes, your opinion matters!
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Want to stay updated on all things Law to Fact?
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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.
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How to Brief a Case and Understanding the Court System Jul 23, 2019

Show notes

In this episode...
Margaret Hannon, Clinical Assistant Professor of Law at the University of Michigan School of Law discusses the all-important case brief, including the parts of the brief, how to brief a case, and the relationship of the case brief to the court system.
Some key takeaways are:

Case briefs are personal to the person briefing them, no judgment
Cases for law school are edited, briefs found on the internet might not reflect the edited version of a case in the case book.
Reasoning is the "protein" of the case
Stare Decisis means that courts must follow their own decisions and the decisions of courts above them.

About our guest...
Professor Margaret C. Hannon joined the Law School faculty in 2013 as a clinical assistant professor in the Legal Practice Program. Previously, she was a clinical assistant and clinical associate professor at Northwestern Law School, where she also served as the assistant director and interim director of the legal research and writing program. In recognition of her teaching, Professor Hannon received Northwestern's Dean's Teaching Award and Dean's Teaching Award Honorable Mention. Professor Hannon practiced law at Bell, Boyd & Lloyd LLP (now K&L Gates LLP). Her practice focused on labor and employment counseling and litigation, and the negotiation and administration of collective bargaining agreements.
She is an active member of the Legal Writing Institute; in addition to presenting at its academic conferences, she is a member of the awards committee and a member of the editorial board for one of its journals, The Monograph Series.
Professor Hannon is an associate editor for Legal Communications & Rhetoric: JALWD, the journal of the Association of Legal Writing Directors. She also is a member of the Association of American Law Schools (AALS) Legal Writing Section and the AALS Section on Teaching Methods. Professor Hannon is the co-author of From Theory to Practice: Employment Discrimination Law (with Rachel Croskery-Roberts), and is under contract with Aspen Publishers to co-author From Theory to Practice: Employment Law (also with Croskery-Roberts).
You can follow Professor Hannon on Twitter @mch_tweets
-
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!
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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. 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 kaplanbarrevie

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How to Read a Legal Opinion Jul 23, 2019

Show notes

In this episode ...
Orin Kerr, Professor of Law, Berkeley Law School, explains how to read a legal opinion. The episode is an exploration of Prof. Kerr's essential article, How To Read A Legal Opinion: A Guide For New Law Students, 11 Greenbag 2d 51 (2007). Professor Kerr discusses the parts of a brief, what aspects of a case matter to a law professor and emphasizes the need for learning the new language of the law. He acknowledges his own struggles with case law reading when he began law school (we both do), and encourages students to recognize the learning curve involved in reading a judicial opinion.
Some key takeaways are...

There is not necessarily a right answer in law school, so don't look for a "right answer" in a case.
Facts matter, particularly the facts of a case that are relevant to the court's reasoning.
Pay attention to a court's reasoning and don't discount the dissent.
Reading cases isn't easy; we have all struggled with the experience!

About our guest...
Professor Orin Kerr joined the Berkeley Law faculty in 2019 after serving as the Frances R. and John J. Duggan Distinguished Professor at the University of Southern California Gould School of Law. From 2001 to 2017, he was a professor at the George Washington University Law School. Kerr has previously been a visiting professor at the University of Chicago and the University of Pennsylvania. An accomplished teacher, Kerr received the outstanding teaching award from the George Washington Law School Class of 2009.

Kerr specializes in criminal procedure and computer crime law, and he has also taught courses in criminal law, evidence, and professional responsibility. He has written more than 60 law review articles, over 40 of which have been cited in judicial opinions (including seven articles that have been cited in U.S. Supreme Court opinions). His scholarship also has been cited by more than 3,000 academic articles. In addition to writing law review articles, Kerr has authored popular casebooks, co-authored the leading criminal procedure treatise, and published countless blog posts at popular blogs such as the Volokh Conspiracy and Lawfare.
Want to know more about Professor Kerr? You can visit the link below:
https://www.law.berkeley.edu/our-faculty/faculty-profiles/orin-kerr/
And follow Professor Kerr on Twitter @orinkerr
-
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!
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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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Securing a Judicial Clerkship May 21, 2019

Show notes

In this episode...
Abigail Perdue, Assistant Professor of Law at Wake Forest University School of Law discusses her new book, The All-Inclusive Guide to Judicial Clerking, from WestAcademic Publishing. A review of her book is available here.

Some key takeaways...

A judicial clerkship offers law graduates a life-changing opportunity to gain a unique, behind-the-bench perspective about judicial decision-making.
Many clerkship opportunities exist, so you can still obtain one even if you don't attend a top tier law school or aren't ranked #1 in your law school class.
Clerkships are a wonderful way to boost your post-graduate career, to hone existing skills, and to develop new ones that will enhance your subsequent practice.
When applying for clerkships, make certain your application is flawless, cast a wide net, and choose recommenders wisely.

About our guest…
Professor Perdue is a tenured Professor of Legal Analysis, Writing and Research at Wake Forest University School of Law where she is Chair of the Clerkship Committee and is also the Founding Director of the D.C. Summer Judicial Externship Program. Perdue clerked at the U.S. Court of Federal Claims and the U.S. Court of Appeals for the Federal Circuit. She practiced employment law at the New York City office of Proskauer Rose, LLP. Perdue is a graduate of the University of Virginia School of Law and Washington and Lee University.

Professor Perdue has authored books, law review articles, and scholarly essays on various topics, including discrimination, pedagogical innovation, and animal cruelty. Her book– Animal Cruelty and Freedom of Speech: When Worlds Collide (with Dr. Randall Lockwood) – is available from Purdue University Academic Press. Professor Perdue also created teachbetterlaw.com, a blog dedicated to celebrating experiments in pedagogy and facilitating the free exchange or innovative teaching ideas.
-
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!
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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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Lawrence Lessig Discusses His Book, Fidelity and Constraint May 14, 2019

Show notes

In this episode...
Lawrence Lessig, Roy L. Furman Professor of Law and Leadership at Harvard Law School discusses his newest book, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution.
In his book, Professor Furman discusses the challenges Supreme Court Justices face when interpreting our "ancient' Constitution in modern times.
In this discussion, Professor Lessig explains what he means by fidelity to the role of judicial decision making and explains that Supreme Court justices, regardless on either side of the political spectrum share the same constraints. The Court, he suggests, has an obligation to defend its institution and to make sure the institution can survive and develop its authority to do its job.
As our discussion makes clear, in Fidelity and Constraint, Professor Lessig mines past judicial decisions to explain present-day judicial rule-making making for a compelling and understandable read.
About our guest…
Lawrence Lessig is the Roy L. Furman Professor of Law and Leadership at Harvard Law School.

Prior to rejoining the Harvard faculty, Lessig was a professor at Stanford Law School, where he founded the school’s Center for Internet and Society, and at the University of Chicago.

He clerked for Judge Richard Posner on the 7th Circuit Court of Appeals and Justice Antonin Scalia on the United States Supreme Court. Lessig serves on the Board of the AXA Research Fund, and on the advisory boards of Creative Commons and the Sunlight Foundation.

He is a Member of the American Academy of Arts and Sciences, and the American Philosophical Association, and has received numerous awards, including the Free Software Foundation’s Freedom Award, Fastcase 50 Award and being named one of Scientific American’s Top 50 Visionaries.

Lessig holds a BA in economics and a BS in management from the University of Pennsylvania, an MA in philosophy from Cambridge, and a JD from Yale.

To Learn more about our Professor Lessig visit: http://www.lessig.org/about/

You can purchase Fidelity and Constraint: How the Supreme Court Has Read the American Constitution by clicking on the link: https://global.oup.com/academic/product/fidelity-and-constraint-9780190945664?cc=us&lang=en&
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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!
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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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The Importance of Joining Law Review or a Law Journal May 07, 2019

Show notes

In this episode...
We speak with Pace Law Review Editor in Chief, Samantha Mumola, and rising Charleston Law School 2L and member of Resolve: The Law Journal on Dispute Resolution, Ainissa Proctor, acknowledging the hassle of participating in a law journal competition at the end of 1L exams yet enthusiastically endorsing the importance of joining a review or journal when possible.
Some key takeaways...

You only have one chance to try out for a law journal, don't miss it.
When deciding who to choose for a law journal, students look for effort and attention to detail. (watch out for typos)
Footnotes for law journals are in a different part of the Bluebook than footnotes for memos and appellate briefs.
As a member of a law review or journal, one communicates to future employers that they have the drive to go the extra mile beyond just learning in the classroom.
Experience on law reviews and law journals sharpens the skills one will practice as an attorney.

About our guest…
Samantha Mumola is Editor in Chief of the Pace Law Review at the Elisabeth Haub School of Law. Upon graduation, in May 2019, she will join the law firm of Farber, Pappalardo & Carbonari in White Plains, NY
Ainissa Proctor is a rising 3L at Charleston School of Law. She is a law clerk at the Gruenloh Law Firm. This summer she will intern at the Manhattan (NY) District Attorney's office. You can follow Ainissa on twitter at @thetopexception and read her blog, Legally Complicated https://legallycomplicated.com/blog/
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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!
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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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Products Liability Apr 30, 2019

Show notes

In this episode...
Dean Michelle Simon interviews Leslie Garfield Tenzer, on Products Liability. Both of whom are professors of law at the Elisabeth Haub School of Law at Pace University.
Some key takeaways...
Plaintiff has three different causes of action for claims when a product harms a consumer or user:

Negligence
Strict Liability (402a)
Breach of Warranty
1. Design Defect
2. Manufacturing Defect
3. Failure to Warn

-
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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