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Liquidated Damages in Contracts Apr 23, 2019

Show notes

In this episode…
Darren Rosenblum, Professor at the Elisabeth Haub School of Law at Pace University explains liquidated damages clauses
Some key takeaways...

Liquidated damages are damages parties agree to and include in the contract in the event of a breach.
Courts are reluctant to enforce liquidated damages clauses if they are dollars used to incentivize parties not to breach (punishments cloaked as damages)
When choosing whether to uphold a liquidated damages clause, a court will consider the reasonableness of the damages clause concerning the breach.
Courts look favorably on liquidated damages clauses where the harm that would result from the breach is hard to calculate (e.g. the loss of the use of a new road)

About our guest…
Professor Darren Rosenblum joined the Pace Law faculty in 2004 and became a full professor in 2009. He teaches Contracts, Corporations, and International Business Transactions, and serves as the Director of the Business Law Concentration, Director of Commercial and Private International Law Programs and Faculty Advisor of the Institute for International and Commercial Law. His scholarship focuses on corporate governance, in particular on remedies for sex inequality.
Professor Rosenblum clerked in the U.S. District Court of Puerto Rico from 1996-1998 and then practiced international arbitration at Clifford Chance and Skadden, Arps, Slate, Meagher & Flom in their New York offices from 1998-2004. He represented primarily non-U.S. clients in multilingual arbitration and litigation matters. Professor Rosenblum has served as a visiting professor at Sciences Po Law School in Paris, American University and Seattle University and has taught at Fordham and the University of Pennsylvania Law Schools. He has presented his work and lectured in English, French, Spanish, and Portuguese.
In 2011, he was a Fulbright Research Scholar in France to perform an empirical study on the French quota for women on corporate boards which he presented as the guest of honor at the French National Assembly. He also presented this research at the Federal Election Commission (U.S.), the European Commission Justice Department and at workshops and conferences at the law faculties of Chicago, Harvard, Sciences Po, and Yale, among others.
Want to learn more about Darren Rosenblum? Click this link: https://law.pace.edu/faculty/darren-rosenblum
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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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The Equal Protection Clause and Disparate Impact Apr 16, 2019

Show notes

In this episode…
Dean Emily Gold Waldman of the Elisabeth Haub School of Law at Pace University explains how to deal with a statute that is facially neutral but has a disparate impact with respect to a class that has a heightened review.

Some key takeaways...

Impact + Intent triggers the need for heightened review
A law that is facially neutral but has a disparate impact and discriminatory intent as to sex triggers intermediate scrutiny
A law that is facially neutral but has disparate impact and discriminatory intent as to race triggers strict scrutiny
Discriminatory intent means that the government wanted the law to have that disparate impact, not just that the government was aware of the impact

About our guest...
Professor Emily Gold Waldman joined the Pace faculty in 2006, after clerking for the Honorable Robert A. Katzmann, Chief Judge of the United States Court of Appeals for the Second Circuit. At Pace, she teaches Constitutional Law, Law & Education, Employment Law Survey, and Civil Procedure. She has also served for many years as the Faculty Director of the law school's Federal Judicial Honors Program, which places students in externships with federal judges in the Second Circuit, Third Circuit, Southern District of New York, Eastern District of New York, and District of Connecticut. From 2003-05, she practiced in the litigation department of Debevoise & Plimpton LLP; prior to that, she clerked for the Honorable William G. Young, United States District Judge for the District of Massachusetts. She served as the chair of the AALS Section on Education Law during the 2011-12 school year, is a member of the Executive Committee of the AALS Section on Employment Discrimination, and is also a member of the Second Circuit's Judicial Council Committee on Civic Education & Public Engagement. Professor Waldman received the law school's Ottinger Award for Faculty Achievement in 2015 and 2018, the Professor of the Year Award from the Black Law Students Association in 2013, and the Goettel Prize for Faculty Scholarship in 2008. She currently serves as the Associate Dean for Faculty Development and Operations. She also appears on the Richard French Live show as a commentator about the Supreme Court
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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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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.
Visit kaplanbarreview.com today to sign up.

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How to Interpret Statutes Apr 11, 2019

Show notes

In this episode…
Michael Morley, Assistant Professor of Law at Florida State University College of Law explains with precision how to interpret a statute using one of the three methods employed by members of the court depending on their own interpretive bent; textualism, intentionalism and purposivism.

Some key takeaways...

Textualists uses semantics and canons of construction to identify the meaning of the text of the statute.
Inentionalists consider what those adopting the statute intended to the statute to mean
Purposivists look to the purpose of the statute.

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

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.
Before joining FSU Law, Professor Morley was an associate professor at Barry University School of Law in Orlando, FL.

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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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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The Equal Protection Clause and Suspect Classes Apr 09, 2019

Show notes

In this episode…
Dean Emily Gold Waldman of Pace Law School explains how to analyze a con law question concerning the Equal Protection Clause and Suspect Classes.

Some key takeaways...

Race-based governmental classifications trigger strict scrutiny
Sex-based governmental classifications trigger intermediate scrutiny
Most other governmental classifications trigger rational basis review

About our guest...
Dean Emily Gold Waldman joined the Pace faculty in 2006, after clerking for the Honorable Robert A. Katzmann, Chief Judge of the United States Court of Appeals for the Second Circuit. At Pace, she teaches Constitutional Law, Law & Education, Employment Law Survey, and Civil Procedure. She has also served for many years as the Faculty Director of the law school's Federal Judicial Honors Program, which places students in externships with federal judges in the Second Circuit, Third Circuit, Southern District of New York, Eastern District of New York, and District of Connecticut. From 2003-05, she practiced in the litigation department of Debevoise & Plimpton LLP; prior to that, she clerked for the Honorable William G. Young, United States District Judge for the District of Massachusetts. She served as the chair of the AALS Section on Education Law during the 2011-12 school year, is a member of the Executive Committee of the AALS Section on Employment Discrimination, and is also a member of the Second Circuit's Judicial Council Committee on Civic Education & Public Engagement. Professor Waldman received the law school's Ottinger Award for Faculty Achievement in 2015 and 2018, the Professor of the Year Award from the Black Law Students Association in 2013, and the Goettel Prize for Faculty Scholarship in 2008. She currently serves as the Associate Dean for Faculty Development and Operations. She also appears on the Richard French Live show as a commentator about the Supreme Court
-
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

Students Share their Moot Court Experience Apr 02, 2019

Show notes

In this episode...
Rob Veech and Melanie Franco, 3Ls at the Elisabeth Haub School of Law, discuss their moot court experiences and offer tips.
Some key takeaways...

Ask a non-laywer to moot you. If the they understand your argument you are good to go.
Know the date and jurisdiction of every case you cite in your brief.
Practice, Practice, Practice.
Have fun!!!

About our guests...
Melanie Franco is currently a 3L studying environmental law, and will be clerking for a tax court judge after graduation. During law school, she participated in seven, overall, moot court and mock trial competitions, including the 2018 Pace Law Grand Moot Court Competition in which she argued in front of four federal judges and was awarded Best Oralist.
Rob Veech went into law school knowing that litigation was something that he wanted to do after law school. During his 1L moot court competition, Rob advanced to the quarter finals (top 16 of his class). Because of this advancement, Rob was invited to participate in the Advanced Appellate Advocacy class. During his second year, Rob was placed on the American Association of Justice Trial Competition, in which the team placed first in the preliminary rounds. Rob was then placed on the advocacy board as the Director of Fundraising and Alumni Relations, where he is currently trying to organize the first inaugural Gavel Gala, in which the school recognizes alumni for their accomplishments in litigation. During his third year, Rob participated on 2 trial teams as well as the Dean Jerome Evidence Moot Court Competition held at Brooklyn law School.
-
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

Relieving Anxiety Before Moot Court...or Real Court! Mar 26, 2019

Show notes

In this episode…

Professor Heidi K. Brown, Director of Legal Writing and Associate Professor of Law shares tips for success during Moot Court.

Some key takeaways are:

Trust yourself
Don’t overprepare
Take a power stance! and
Before you begin, repeat her four part mantra!

About our guest…

Professor Heidi K. Brown is the Director of Legal Writing and Associate Professor of Law.

She is a prolific scholar and author on the importance of legal writing, she has published four books on predictive and persuasive legal writing and federal litigation, as well as numerous scholarly articles for law journals. In 2017, she published her fifth book, The Introverted Lawyer: A Seven-Step Journey Toward Authentically Empowered Advocacy. Inspired by her own experience conquering the fear of public speaking during her litigation career, she is passionate about helping law students and lawyers “find their authentic lawyer voices” and overcome anxiety about Socratic legal discourse.

Untangling Fear in Lawyering is available at https://www.americanbar.org/products/inv/book/358687385/ Her other books, including The Introverted Lawyer, are available at Amazon.com

You can learn more about Prof. Brown at https://www.brooklaw.edu/faculty/directory/facultymember/biography?id=heidi.brown

As always, if you have and suggestions for an episode topic, please let us know! You can email us at leslie@lawtofact.com or tweet to @lawtofact. Don’t forget to follow us on Twitter and Instagram (@lawtofact) and to like us on FaceBook! And finally, your ratings and reviews matter! Please leave us a review on iTunes.

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Professional Responsibility: Client Conflicts of Interest Mar 19, 2019

Show notes

In this episode Dean Jill Gross, Associate Dean for Academic Affairs explains one of the most tested subjects of Professional Responsibility, how to identify attorney-client conflicts of interest. Dean Gross highlights what she defines as the three different types of conflicts of interest and then offers an excellent analytical tool for determining when potential conflicts exist and evaluating the severity of the conflict.
Some key takeaways are
(1) Client conflict can be divided into three categories
a. Those that do not rise to the level of conflict for ethical purposes
b. Those that are serious enough that a lawyer must take some action but are waivable such that an attorney can continue representation and,
c. Those that are so serious that they cannot be waived; under no circumstance can a lawyer represent both clients.
(2) Length of time between representations also plays a factor in determining conflicts of interest
(3) Read the Model Rules of Professional Conduct and your stats rules on professional responsibility to assure success on any professional responsibility exam.
About our guest…
Professor Jill I. Gross is a nationally known expert in the field of securities dispute resolution and teaches courses in the areas of dispute resolution, ethics, securities law, and lawyering skills. She was the James D. Hopkins Professor of Law, a two-year rotating endowed Chair, from 2013-2015, Director of the Investor Rights Clinic from 1999-2015, and Director of Legal Skills Programs from 2010-2015. She also has taught at Cornell Law School, UNLV’s Boyd School of Law and Benjamin N. Cardozo School of Law.
Want to learn more about Dean Gross? Visit https://law.pace.edu/faculty/jill-gross
As always, if you have any suggestions for an episode topic, please let us know! You can email us at leslie@lawtofact.com or tweet to @lawtofact. Don’t forget to follow us on Twitter and Instagram (@lawtofact) and to like us on FaceBook! And finally, your ratings and reviews matter! Please leave us a review on iTunes.
Want to stay updated on all things Law to Fact? Join our mailing list by visiting us at www.lawtofact.com.

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Why You Should Take A Clinic While in Law School Mar 12, 2019

Show notes

In this episode, Professor Jason Parkin, Professor of Law at the Elisabeth Haub School of Law at Pace University explains the benefits of participating in a law school live client clinic.

Some key takeaways are:

Clinics allow law students the opportunity to "be the lawyer" and represent clients in courtrooms and other legal settings.
Clinics give students an opportunity to see whether they like litigation.
In clinics the students is the lawyer, in externships the student works for the lawyer.
Most schools offer a multitude of clinics and are available to students after their first year of law school.

About our guest…
Jason Parkin is a professor of law at the Elisabeth Haub School of lLw. He is the founder and director of the Neighborhood Justice Clinic, which represents individuals and grassroots organizations in both litigation and non-litigation matters related to workers’ rights and other issues affecting low-income communities in Westchester County. Prior to joining the Pace faculty, Professor Parkin was a Robert M. Cover Fellow and Clinical Lecturer in Law at Yale Law School, He is a former senior staff attorney in the New York Legal Assistance Group’s Special Litigation Unit. Following law school, Professor Parkin clerked for Judge Robert P. Patterson, Jr. of the United States District Court for the Southern District of New York, and Judge Julio M. Fuentes of the United States Court of Appeals for the Third Circuit.[Insert guest bio here]

Want to learn more about Professor Parkin? Visit the links below:

https://law.pace.edu/faculty/jason-parkin

Want to stay updated on all things Law to Fact? Join our mailing list by visiting us at www.lawtofact.com.

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Sunny Hostin on Using a Law Degree in Non-Legal Occupations Mar 05, 2019

Show notes

In this episode, Sunny Hostin, co-host of ABC TV's The View, explains the benefits of legal education to occupations outside the law. She describes how her legal training informs discussions on her panel talk show and makes clear why a law degree is a valuable tool for any argument, legal or otherwise. It's an informative discussion that gives insight into how legal training can assist in disagreements outside of the law. The discussion includes an insight into how Sunny's legal experience informs decisions on which hot-topics View panelists discuss. Listen for her take on why she thought it best to pass on the recent the Jussie Smollett matter. .
About our guest…

Attorney and multi-platform journalist Sunny Hostin is the Senior Legal Correspondent & Analyst for ABC News and co-host of ABC Daytime’s morning show The View.

Previously, Sunny was a legal analyst and host for CNN, regularly appearing on morning show “New Day,” "Newsroom with Brooke Baldwin", "AC360" "AC360 Later", and “American Morning,” where she became known for her in depth analysis of social justice and legal issues. She created, wrote and co-produced her popular weekly segment, “Sunny’s Law.” Before joining CNN, Hostin was an ABC News anchor and appeared on the Fox News Channel, where she was seen weekly on the “Is It Legal” segment on “The O'Reilly Factor,” sparring with Megan Kelly and Bill O’Reilly on various provocative issues and high-profile cases. a federal prosecutor, she was awarded with a Special Achievement Award by then Attorney General Janet Reno for her prosecution of child sexual predators and work with child sex abuse. Hostin was also a Managing Director of Business Intelligence and Investigations at Kroll, the world’s leading risk-consulting company. At Kroll, Sunny led groups of investigators all over the world to investigate and uncover fraud.

She received her undergraduate degree in Communications from Binghamton University and her law degree from Notre Dame Law School.

Want to learn more about Sunny Hostin? Visit the links below:
https://www.sunnyhostin.com/website/publish/home/index.php?12Link

Link
Link

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Rachel Gezerseh offers concrete tips for securing your dream job Feb 26, 2019

Show notes

In this episode, Lawyer, Author, Blogger and adjunct professor Rachel Gezerseh shares her secrets to securing a dream job or internship. In this episode, Prof. Gezerseh explains the Dark Job Market, and explains how to use networking to leverage a career. She describes how she turned her law school experience at an unranked law school into a Big Law job with Jones, Day. Her best advice: network, network, network. And, as you will hear in this episode, Prof Gezerseh is true to her word, inviting any of our dear listeners to connect with her on LinkedIn and in return, she will help you reach your networking goals.
About our guest…

Rachel Gezerseh is the author of The Law Career Playbook: The Guerrilla Guide to Getting a Job You Actually Like, and the blog, Break into Big Law. She is a partner at Liang, Ly, LLP. Her practice involves a wide variety of complex commercial litigation in federal and state courts, where she represents both plaintiffs and defendants. She has substantial experience in products liability and consumer protection matters, as well as in contract and business tort cases. Rachel’s peers have consistently recognized her as a Southern California Super Lawyers “Rising Star.”

Before joining Liang Ly LLP, Rachel practiced at Jones Day, in Los Angeles, California. Rachel has handled all phases of litigation, including trial preparation, oral argument, settlement negotiations, strategy formulation, and appeals, as well as internal investigations. Recently, Rachel was the lead associate defending ICANN (the Internet Corporation for Assigned Names and Numbers) in a commercial dispute regarding control of the top-level .AFRICA domain. Rachel was also lead counsel defending a national credit reporting agency in several cases filed in federal court.

Rachel takes pride in mentoring new lawyers and is an Adjunct Professor at Southwestern Law School, where she teaches LawCareerLab, a course she developed to teach law students and recent graduates how to position themselves as desirable candidates and build meaningful connections in the profession.

Want to learn more about Rachel Gezerseh? Visit the links below:

http://www.lianglyllp.com/rachel-gezerseh
The Law Career Playbook: The Geurrilla Guide to Getting a Legal Job you Actually LIke is available at https://www.amazon.com/Law-Career-Playbook-Guerrilla-Actually/dp/1732637202/ref=sr_1_1?keywords=rachel+gezerseh&qid=1552350312&s=gateway&sr=8-1-spell
As always, if you have and suggestions for an episode topic, please let us know! You can email us at leslie@lawtofact.com or tweet to @lawtofact. Don’t forget to follow us on Twitter and Instagram (@lawtofact) and to like us on FaceBook! And finally, your ratings and reviews matter! Please leave us a review on iTunes.

Want to stay updated on all things Law to Fact? Join our mailing list by visiting us at www.lawtofact.com.

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