Law to Fact

A Divorce Attorney Discusses His Book, An Elephant Doesn't Marry a Giraffe: Everything I Learned as a Divorce Attorney Apr 11, 2023

In this episode...
Divorce attorney and author, Ron Bavero, discusses his new book, An Elephant Doesn't Marry A Giraffe: Everything I Learned As A Divorce Attorney. Ron shares his experiences as a Divorce Attorney and highlights practical tips for students interested in the practice of family law. Ron also highlights some of the compelling stories in his book, which dramatically illustrate, in practical terms, what divorcing spouses need to know and how to avoid the critical mistakes which undermine their divorce cases.
About our guest...
RONALD J. BAVERO, Esq. has been practicing matrimonial and family law for almost forty (40) years. Consistently recognized as one of the top divorce attorneys in this field, Mr. Bavero is listed in America's Most Honored Attorneys - Top 1%; Super Lawyers of New York, Top Attorneys in the New York Metro Area; Who’s Who in American Law and Martindale-Hubbell’s “Preeminent Ratings for Attorneys” – the highest rating an attorney can achieve for both legal ability and ethics.

He is a Fellow of the American Academy of Matrimonial Lawyers, an exclusive group of divorce professionals with a national reputation and has served on the Executive Committee of the New York Bar Association Family Law Section, as well as numerous other bar associations.

Apart from his traditional divorce practice, he is also an esteemed educator. For many years, Mr. Bavero taught Matrimonial Law and Practice as an Adjunct Professor of Law at Pace University School of Law. He was also a regular lecturer for the Family Law Section of the New York State Bar Association and more recently has lectured across the State of New York to other divorce attorneys, as a frequent presenter for Matlaw, a renowned Continuing Legal Education Program, as part of its popular annual updates and specialized seminars on topics including matrimonial law, evidence, trial practice, custody matters and divorce arbitration.

Drawing upon his many years as a practicing divorce attorney, as well as his experience as an educator and author, Mr. Bavero has not only published his recently released book (“An Elephant Doesn’t Marry A Giraffe – Everything I Learned As A Divorce Attorney”) but also maintains a website www.divorcedeverafter.com where he continues to offer invaluable information and amazing stories about the subject of divorce and separation to people who have or are about to embark upon the journey of divorce

Steve Schwartz on the New LSAT Feb 10, 2023

In this episode I am joined again by one of my favorite guests, with Steve Schwartz, founder and CEO of LSAT Unplugged.
Steve explains the new LSAT and provides advice to those taking the LSAT or even thinking about taking the test. You will learn a bout the changes coming to the logic section and get advice on whether to wait for the new test or take the test in its current iteration.

Promissory Estoppel Mar 13, 2022

In this episode, Professor Josh Galperin, Professor of Law at the Elisabeth Haub School of Law interviews me about equitable remedies and promissory estoppel.
Some key takeways...
1. Promissory estoppel is an equitable remedy, awarded for fairness when a legal remedy is not available.
2. Promissory estoppel is only available in the absence of a legal contract.
3. Promissory estoppel is available if
(1) the promisor should reasonably expect to induce action or forbearance on the part of the promisee (objective evaluation)
(2) the promisee did rely on the promise (subjective evaluation)
(3) injustice can only be avoided by granting a remedy
About our guest...Professor Josh Galperin teaches contracts, administrative law and environmental law at the Elisabeth Haub School of Law. Prior to joining the Elisabeth Haub School of Law at Pace University, Professor Gelperin was on the faculty at the University of Pittsburgh School of Law where he was a two-time winner of the Most Valuable Professor award. Prior to Pitt, he was the Director of the Environmental Protection Clinic, Lecturer in Law, and a Research Scholar at Yale Law School. He has published extensively on environmental law, with particular emphasis on the role of non-governmental advocates in the creation and maintenance of environmental law, takings and just compensation, invasive species policy, and private environmental governance. Professor Galperin worked for the Southern Alliance for Clean Energy (SACE) where he was a policy analyst and research attorney. Galperin studied law at Vermont Law School where he graduated magna cum laude and was a member of the Vermont Law Review’s senior editorial board. He earned a master’s degree in environmental management from the Yale School of the Environment (then the Yale School of Forestry and Environmental Studies) and a bachelor’s degree in political science with a minor in wildlife conservation from the University of Delaware.

The Practice of Immigration Law Jan 23, 2022

In this episode...
I speak with Kevin Gregg, a partner at Kurzban, Kurzban, Tetzeli and Pratt about his experience practicing Immigration Law. We cover a host of issues including the origins of modern immigration law practice, key entree jobs into the practice area and some ideal first jobs, including internships and government programs. Mr. Gregg shares information about some little known terrific job opportunities and shares some great insights into growing as a lawyer during the first years of practice.
Some key takeaways...
1. modern immigration law began with The Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
2. The Attorney General's Honors Program is a great way to break into the area of law
3. You don't have to be in the top of your class to get a federal internship, nor do you have to secure that internship right out of law school.
About our guest...
Kevin A. Gregg is a partner with KKTP, practicing in all areas of immigration law, including removal defense, appellate advocacy, federal court litigation, and USCIS representation. Kevin has practiced in the realm of immigration law and litigation for nearly a decade and, due to his years working “behind the bench” for judges, he is uniquely qualified to represent clients in court. Prior to joining KKTP, he served a one-year Judicial Clerkship with the Honorable Beth F. Bloom in the U.S. District Court for the Southern District of Florida. Before that, he served for two years as a Judicial Law Clerk and Attorney Advisor in the San Diego Immigration Court, Executive Office for Immigration Review (EOIR), through the Attorney General’s Honors Program. Kevin now applies the skills he developed working for judges to represent clients at all stages of immigration proceedings.

Kevin is a graduate of Boston University School of Law and the University of Florida.
He is the host of the weekly immigration case law podcast: Immigration Review, available on the KKTP website and all podcast platforms, including Apple Podcasts and Spotify. You can find a list of immigration cases he discusses here. You can reach Mr. Gregg kgregg@kktplaw.com
Follow him on social media at
Facebook: @immigrationreview
Instagram: @immigrationreview
Twitter: @immreview

Entertainment and IP Law with Tony Iliakostas Dec 05, 2021

In this episode:
I speak with Tony Iliakostas about Entertainment and IP Law. Tony discusses his entree into the entertainment law practice and shares fascinating details about posthumous personality rights.
Some Key Takeways:
1. There are ways to distinguish yourself to employers besides grades. You can start a blog, write about topics of interest, etc.
2. When trying to find a job, network, network, network
3. Recognize the value that your work as a lawyer contributes to the overall business or social good to which you are contributing.
About our guest:
Tony Iliakostas, also known as “Prof. T” by his students, is the Manager of ABC News Rights and Clearances and an Adjunct Professor at New York Law School, teaching Entertainment Law and Intellectual Property.

In his role at ABC News, Tony handles complex copyright licensing for various ABC News programs, including “Good Morning America,” “20/20,” “Nightline,” and other related ABC News branded programs. Tony also works closely with the news division’s business affairs and legal departments on various risk assessment matters when licensing photos and videos for the broadcasts as well as mitigating any legal claims in the event there is a copyright infringement claim.

Tony also has experience in personality rights licensing, having handled the licensing of various dead celebrities including Albert Einstein, Rev. Dr. Martin Luther King Jr., and other iconic celebrities in his role as Business Affairs Manager at Greenlight.

Tony most recently started an Instagram account called @TheIPProfessor as way to encourage, educate, and entertain people about the wonderful world of intellectual property.

Tony is a graduate of Fordham University, Class of 2011, and New York Law School, Class of 2014.

As always, if you have any suggestions for an episode topic, please let us know!
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Rule Making and Administrative Law Apr 13, 2021

In this episode...
Professor Josh Galperin explains government rule-making authority and provides a broad overview of topics covered in administrative law.
Some key takeaways....

Administrative law is the law that governs day-to-day government operations. It explains how federal agencies like the EPA, FDA, or SEC get authority to act, restrictions on their actions, and judicial review of their work.
Agencies make rules, adjudicate disputes, enforce law, and offer policy guidance.
Rules are prospective and general policymaking while adjudication is case-by-case, fact-oriented dispute resolution.
Guidance is the process, short of making official rules, where agencies make non-binding predictions about how they expect to exercise their power.

About our guest...
Professor Josh Galperin is currently a Visiting Associate Professor of Law at the University of Pittsburgh School of Law. In the Fall of 2021, Prof. Galperin will join the Elisabeth Haub School of Law as an Assistant Professor of Law. Prior to his position as a Visiting Associate Professor at University of Pittsburgh School of Law, Professor Galperin held several positions at Yale University. He served as Associate Director of the Yale Center for Environmental Law and Policy, as a Research Scholar, Clinical Director, and Lecturer in Law at Yale Law School, and as a Lecturer and Director of the Environmental Law and Policy Program at the Yale School of the Environment. During his time at Yale, Professor Galperin also oversaw the Haub Law/Yale School of the Environment dual degree program and coordinated the Land Use Collaborative, a joint project of the Land Use Law Center and Haub Law and the Yale School of the Environment.
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Labor Law and Employment Law Mar 23, 2021

In this episode...
Professor Luke Norris, Associate Professor of Law at the University of Richmond School of Law explains the difference between Labor Law and Employment Law classes and provides an explanation for why each is worth taking in as an upper-level law school class. As an added bonus, Professor Norris explains the Protecting the Right to Organize Act, which the House of Representatives passed earlier in the month.
Some key takeaways are...

Labor law focuses on the law of collective action and groups, such as unions, in the workplace.
Employment law focuses more on individual rights in the workplace.
Many schools combine the classes.
Regardless of your desired area of practice, both of these classes are worth taking as an upper-level student as a way of deepening your understanding of laws that impact every working adult.

About our guest....
Professor Luke Norris joined the Richmond Law faculty in 2018. He teaches and writes in the fields of civil procedure, labor and employment law, and constitutional law – with a focus on how these fields intersect with economic and democratic ordering. His publications have appeared or are forthcoming in the NYU Law Review, Fordham Law Review, and U.C. Irvine Law Review. His op-eds and other writing have appeared in Slate, The Guardian, and The Huffington Post. Luke clerked for Judge Robert D. Sack and Judge Guido Calabresi, both of the U.S. Court of Appeals for the Second Circuit, and was a litigator at Cravath, Swaine & Moore LLP. He previously served as a visiting assistant professor at Cardozo Law School and a fellow at Columbia Law School. Luke earned his J.D. from Yale Law School, his M.Sc. from Oxford University on a Rhodes Scholarship, and his B.A. from Gettysburg College.
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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.

Restorative Justice: Securing Posthumous Bar Admissions Mar 19, 2021

In this episode...
We speak with Judge, Attorney, Historian, and Professor John Browning about righting historic wrongs. Prof. Browning has dedicated the past few years correcting the racial wrongs of State Bars. Last year, he secured admission for an African American man who aspired to be a lawyer in the 1880s but was denied bar admission because of his race. He is currently petitioning the New York State Bar to admit Ely S. Parker, a Native American War hero and the First Commissioner of Native American Affairs.
Some Key Takeaways...

State Supreme Courts have only awarded six posthumous bar admissions for those denied admission based on race.
Of the 6 posthumous admissions to date, 3 were Asian American men, and 3 were African American.
Asian Americans were prevented from becoming lawyers based on federal laws like the Chinese Exclusion Act, while African Americans were discriminated against based on specific laws in states like California and Maryland that barred Blacks from becoming lawyers, as well as by systemic racism.
Due to the lack of scholarship into this area and difficulties in locating documentary evidence of such exclusions, no one knows how many aspiring attorneys of color were prevented from entering the legal profession.

About our guest...
John Browning is a partner at the PlanoTexas office of Spencer Fane LLP, an Adjunct Professor of Law at Southern Methodist University Dedham School of Law and a former justice for the Fifth Court of Appeals of Texas. The author of five law books and 40 academic articles, Justice Browning is a nationally-recognized thought leader at the intersection of technology and the law whose work has been cited as authority by courts in California, New York, Texas, Florida, Illinois, Tennessee, Maryland, Washington DC, and Puerto Rico. He is also a respected legal historian, particularly in the areas of African American and Native American legal history.
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If you would like to contact Prof. Browning regarding his work you may reach him at jbrowning@spencerfane.com
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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.
Visit kaplanbarreview.com today to sign up.

California v. Texas Mar 07, 2021

In this episode...
Professor Alexander Greenawalt discusses shares his thoughts, and predictions about California v. Texas, a case pending before the Supreme Court. Among other noteworthy issues, Professor Greenawalt discusses whether Congress has the power under the US Constitution to pass the Affordable Care Act (“ACA”)? Why is the constitutionality of the ACA back for the Supreme Court this term? And how is the Supreme Court likely to resolve the dispute?
About our guest...
Alexander Greenawalt is a Professor of Law at the Elisabeth Haub School of Law at Pace University. He was previously a clerk for the Honorable Stephen F. Williams of the United States Court of Appeals for the District of Columbia Circuit. Professor Greenawalt is a graduate of Columbia Law School, where he was a James Kent Scholar and Articles Editor of the Columbia Law Review.

Professor Greenawalt’s research focuses on criminal law, international law, and the laws of war. He has taught Constitutional Law, Criminal Law, International Law, Administrative Law, International Criminal Law, United States Foreign Relations Law, and National Security Law. He is a two-time recipient of Pace's Goettel Prize for Faculty Scholarship, and a recipient of the Law School's Richard Ottinger Faculty Achievement Award.

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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.

Steve Schwartz Explains the New LSAT Mar 02, 2021

In this episode, Steve Schwartz, host of LSAT unplugged, explains the new LSAT format and how to prepare for it.
Some key takeaways:

The LSAT will be four timed sections instead of three.
The Fourth Section will be experimental
The time of the LSAT is now extended

About our guest....
For more than a decade, Steve Schwartz has helped thousands of students get into the law schools of their dreams, win large scholarships, and become successful attorneys. He is the host of LSAT unplugged YouTube channels and LSAT Unplugged podcast. In his quest to help every test-taker achieve their goal, Steve offers a Free Easy LSAT Cheat Sheet and LSAT Free Blog Stuff.
Check out all his materials at:
LSAT Unplugged Podcast
LSAT Unplugged YouTube
LSAT Unplugged Facebook Group
LSAT Blog Free Stuff
LSAT Easy Cheat Sheet
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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.

Securing Employment During and After Law School Feb 17, 2021

In this episode, Nick Santomassimo, a 3L at the Elisabeth Haub School of Law at Pace University discusses his work experiences during the summers prior to entering law school and his law school summers, and his path to securing post-law school work.
Nick's particular interest lies in corporate law and he shares how his decision to spend one summer with a corporation helped him secure a position with a corporate law firm.
About our guest...
Nick Santomassimo graduated from Marist College in 2018 where he majored in Business Law and earned a certificate in the ABA Recognized Paralegal Certificate Progam. He is expected to graduate with a JD from the Elisabeth Haub School of Law at Pace University in May 2021.
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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.

Attorney Marc Misthal on the Intersection of Intellectual Property Law and Social Media Feb 09, 2021

In this episode, Marc Misthal gives straight forward advice to current and future IP students, explaining the four areas of IP and some tips for those of you who wanted to practice in the area. Sandwiched in between is an exciting discussion about real-life issues facing any IP attorney, particularly those related to social media law.

About our Guest...
Marc Misthal is a partner at the Intellectual Law firm, Gottlieb, Rackman and Reisman where he practices counsels a wide range of clients from around the world, including businesses in the fashion, apparel, computer technology, restaurant, entertainment, jewelry, luxury goods, furniture, cosmetics, retail and consumer goods industries.

As part of his practice, Mr. Misthal has represented clients in federal courts around the country, defending and prosecuting claims of trademark, trade dress and copyright infringement, and, when necessary, obtaining injunctive relief. He has also represented clients in Opposition and Cancellation proceedings before the U.S. Patent and Trademark Office and in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). Mr. Misthal’s experience also includes negotiating license agreements, working with law enforcement to combat counterfeiting, filing and prosecuting trademark applications before the U.S. Patent and Trademark Office and filing applications to register copyrights with the U.S. Copyright Office.

Mr. Misthal has been an adjunct professor at the Benjamin N. Cardozo School of Law. He authored a chapter on trademarks and trade dress which appears on the Second Edition of Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys, contributed to a chapter in the International Anti-Counterfeiting Coalition’s treatise on trademark anti-counterfeiting, and his articles have appeared in the New York Law Journal and Law360. Mr. Misthal has been quoted on intellectual property issues by The New York Times, Metropolis, Inc., CNBC and others.

Mr. Misthal is a frequent speaker who has given presentations about domain name disputes, the Digital Millennium Copyright Act and intellectual property issues in social media. Mr. Misthal was also invited to participate in a panel discussion about anti-counterfeiting at a conference on the enforcement of intellectual property rights in the digital age held by the Manhattan District Attorney’s Office.
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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.
Visit kaplanbarreview.com today to sign up.

Envisioning Law School Post-Pandemic Nov 19, 2020

In this episode, we speak with Professor Maybell Romero, Associate Professor of Law at Nothern Illinois University College of Law about law school post-pandemic.
Some key takeaways

Zoom classes have given professors time and space to offer more in-class assessments, a practice that is likely to migrate into in-person classroom learning.
Initial hiring practices via video are likely to stay, offering more access to applicants who can't necessarily afford to travel for that first interview.
We do miss seeing our students in person and can't wait to get back into the classroom!

About our Guest...
Maybell Romero joined the NIU Law faculty in 2017. She has varied research interests in criminal law, criminal legal system ethics, constitutional law, and juvenile justice; a major focus of her research centers on rural criminal legal systems. At NIU College of Law she teaches Criminal Law, Criminal Procedure: Adjudication, Constitutional Law, Children & The Law, and a seminar on Criminal Justice System Ethics. From 2015 to 2017, Professor Romero was a visiting professor at the J. Reuben Clark Law School at Brigham Young University. She has served as both a state’s attorney and defense attorney during her decade of practice in Utah, where she also handled child welfare and civil litigation matters. Professor Romero is a graduate of the University of California, Berkeley School of Law.

You can find Professor Romero's interesting scholarship here.
You can follow her on Twitter @MaybellRomero
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Tax Law and Social Justice Nov 09, 2020

In this episode, I speak with Professor Francine J. Lipman, the William Boyd Professor of Law at William Boyd Law School at the University of Nevada, Las Vegas.
Some key takeaways:

Tax is a three-letter word not a four-letter word!
Undocumented immigrants do pay taxes
Tax cases are about the human life story
All students should take tax

About our Guest:
Francine J. Lipman is a distinguished accountant, lawyer, teacher, and scholar. Read her bio here. You can also access Professor Lipman's scholarship here. You can follow Professor Lipman on twitter @Narfnampil
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Dean Horace Anderson on Why Voting Is Important Oct 28, 2020

In this episode, I speak with Horace Anderson, Dean of the Elisabeth Haub School of Law at Pace University, on the importance of voting.
About our guest:
Dean Horace E. Anderson, Jr. joined the Pace Law School faculty in 2004 from the New York office of White & Case LLP. His practice there focused on intellectual property, privacy and data protection, the Internet, and media and technology law. He was appointed Interim Dean of the Law School in 2018 and was named the ninth Dean of the Law School in December 2019.

In addition to his experience in law practice, Professor Anderson has advised companies in business strategy as a consultant at the New York office of Monitor Group, and he worked as a systems integration consultant in the Financial Markets Division of Andersen Consulting (now Accenture). Professor Anderson received a JD from the University of Pennsylvania Law School in 1996, and a BS in Economics with a concentration in Finance from the Wharton School of the University of Pennsylvania in 1991.
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On Deciding Whether To Go To Law School Apr 22, 2020

In this episode ...
Professor Jen Reise discusses her program, JD Navigator, a program to help individuals decide whether law school is the right choice.
About our guest...
Jen Randolph Reise teaches business law as a visiting professor at Mitchell Hamline School of Law, the first U.S. law school to launch an ABA-approved blended learning J.D. program. She is a securities and corporate governance attorney by training and has worked both in private practice at a large Minneapolis firm and in-house at a public company. She has also founded tech-ed startup JD Navigator as a way to help people considering law school get the information they need, from anywhere.
You can check out the JD Navigator course discussed in the podcast, "Should I Go to Law School?" here . Podcast listeners can use the code LAWTOFACT to get the full online course for $99.
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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.

Understanding the new LSAT Flex Test Apr 14, 2020

In this episode....
Steve Schwartz, LSAT tutor and author of the LSATblog explains the new LSAT Flex Test.
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
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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.

On Becoming a Public Interest Lawyer Apr 14, 2020

In this episode...
Zamir Ben-Dan, Community Justice Attorney for Legal Aid Brooklyn shares his experiences as a legal aid attorney and his path to securing his dream job. Mr. Ben-Dan highlights the importance of legal research and writing classes. He also emphasizes the value of networking. The discussion highlights some of his most interesting cases and is a must-listen for law students and lawyers alike.
About our guest...
Zamir Ben-Dan, Esq. is an attorney at the Legal Aid Society. He did direct representation in the Bronx for four years before joining the Community Justice Unit in November 2019. He is also an adjunct professor in the Black and Latino Studies department at Baruch College.

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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.
Visit kaplanbarreview.com today to sign up.

Oral Arguments in the Age of Corona Mar 30, 2020

In this special episode of Law to Fact, Professor Heidi K. Brown, Director of Legal Writing and Associate Professor of Law shares very specific pointers for success during online moot court arguments.

Some key takeaways are:

Make sure your space looks professional. Stand, rather than sitting and dress in courtroom attire
Know that people tend to interrupt online, wait for a moment to speak
Always remember you know your material better than the judges

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

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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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Successful Tips for Online Learning Mar 18, 2020

In this episode...
Bridget Crawford, Professor of Law at the Elisabeth Haub School of Law at Pace University, shares key strategies for students engaged in distance learning.
Some takeaways are...
1. Identify learning objectives from each class and make certain you understand them
2. Treat online learning like a classroom experience, dress, sit at a desk
3. While in class cameras on, mics off
About Professsor Crawford
Professor Bridget J. Crawford teaches Federal Income Taxation; Estate and Gift Taxation; and Wills, Trusts and Estates at the Elisabeth Haub School of Law. Prof. Crawford has been engaged in distance learning for the past 11 years. Her teaching has received both national and school-wide attention having received every major faculty award (including best professor 8 times!) and Michael Hunter Schwartz' included her in his book, What the Best Teachers Do.
Her scholarship focuses on issues of taxation, especially wealth transfer taxation; property law, especially wills and trusts; tax policy; and women and the law. Prior to joining the Pace faculty, Professor Crawford practiced law at Milbank Tweed Hadley & McCloy LLP in New York. Her practice was concerned with income, estate and gift tax planning for individuals, as well as tax and other advice to closely-held corporations and exempt organizations.

Professor Crawford is a member of the American Law Institute and the American College of Trust and Estate Counsel. She is the Editor of the ACTEC Journal. Professor Crawford is the former chair of the AALS Section on Women in Legal Education and the AALS Section on Trusts & Estates. She is one of 26 law professors profiled in the book by Michael Hunter Schwartz et al., What the Best Law Teachers Do, recently published by Harvard University Press. From 2008 through 2012, Professor Crawford served as Pace Law School's inaugural Associate Dean for Research and Faculty Development, and she served again in that role in 2014-2015. Her book Feminist Judgments: Rewritten Opinions of the United States Supreme Court (co-edited with Linda L. Berger and Kathryn M. Stanchi), was published by Cambridge University Press in 2016. Her following book, Feminist Judgments: Rewritten Tax Opinions (co-edited with Anthony C. Infanti), was published by Cambridge University Press in 2017. Professor Crawford is the co-editor of a series of Feminist Judgments books that cover a wide range of subject matters. Most recently, Professor Crawford is a co-author of the seventh edition of Federal Income Taxation: Cases and Materials (with Joel Newman and Dorothy Brown).

You can follow Professor Crawford on Twitter at @ProfBCrawford

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Requirements for Validating Wills Mar 17, 2020

In this episode...
Dean Katheleen Guzman, Interim Dean of the University of Oklahoma College of Law discusses the requirements for validating a will.
Some key takeaways...

Many jurisdictions have relaxed the strict common law requirements for wills
Holographic comes from Holo (whole) and graphic (written) so the holographic will is a will that is handwritten.
Many states accept holographic wills as proof of the testator's intent.

About our guest...
Dean Katheleen Guzman joined the OU Law faculty in 1993, where she has taught numerous courses targeting the dimensions of the property and its transfer and writes in related areas.

She was named the MAPCO/Williams Presidential Professor in 2000 and the Earl Sneed Centennial Professor of Law in 2015. From 2003 to 2006, she served as associate director of the Law Center and associate dean of academics, and from 2017 to 2018, she served as associate dean for research and scholarship.
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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.

A Step by Step Guide to Creating a Distance Learning Class Mar 08, 2020

In this episode...
Bridget Crawford, Professor of Law at the Elisabeth Haub School of Law at Pace University, walks listeners through the steps necessary to create a distance learning class.
Some key takeaways are...
1. Take time to understand the platform you will use.
2. Decide whether you want to create a synchronistic or asynchronistic class.
3. For asynchronistic classes:
a. Layout the agenda, prepare a lesson plan, include powerpoint presentations
b. Record in bits rather than one long session
c. Create post-recording assessments.
4. For Synchronistic classes
a. Choose your technology
b. Set student expectations
5. One other option is to hold the class in a conference call format.
About Professor Crawford...
Professor Bridget J. Crawford teaches Federal Income Taxation; Estate and Gift Taxation; and Wills, Trusts and Estates at the Elisabeth Haub School of Law. Prof. Crawford has been engaged in distance learning for the past 11 years. Her teaching has received both national and school-wide attention having received every major faculty award (including best professor 8 times!) and Michael Hunter Schwartz' included her in his book, What the Best Teachers Do.
Her scholarship focuses on issues of taxation, especially wealth transfer taxation; property law, especially wills and trusts; tax policy; and women and the law. Prior to joining the Pace faculty, Professor Crawford practiced law at Milbank Tweed Hadley & McCloy LLP in New York. Her practice was concerned with income, estate and gift tax planning for individuals, as well as tax and other advice to closely-held corporations and exempt organizations.

You can follow Professor Crawford on Twitter at @ProfBCrawford

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A Holistic Understanding of Online Learning for Law School Mar 06, 2020

In this episode...
We speak with Nina Kohn, the David M. Levy Professor of Law and Faculty Director of Online Education at Syracuse University College of Law about developing on-line classes for legal education.
Some key takeaways...

Online classes are asynchronous or synchronous.
Asynchronous classes are recorded and students can watch them on their own time.
Synchronous classes are live.
Students are all present at the same time and the professor is able to engage in dialog.
Developing an online class is not as difficult as one might think (and Prof. Kohn explains how to make it happen).
The key to creating an online class is to first identify goals and principles.
Faculty can deliver the Socratic method through online learning.

About our guest...
Nina A. Kohn is the David M. Levy Professor of Law and Faculty Director of Online Education at Syracuse University College of Law, a faculty affiliate with the Syracuse University Aging Studies Institute, and a member of the American Law Institute. Professor Kohn is currently a Visiting Professor of Law at Yale Law School for the 2020-2021 academic year.

Kohn led the development and launch of Syracuse University College of Law’s online JD program (“JDinteractive” or “JDi”). The program is the nation’s first fully interactive online JD program. In addition to teaching Torts to JDi students, Kohn oversees the program’s continuing development and operations.

Professor Kohn’s scholarly research focuses on elder law and the civil rights of older adults and persons with diminished cognitive capacity.

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1st Lieutenant Steven Arango Speaks About Life as a Law Student and Beyond Mar 03, 2020

In this episode...
1st Lieutenant Officer Steven Arango, USMC, and Federal Law Clerk to U.S. District Judge Fernando Rodriguez, Jr. in the Southern District of Texas shares his wisdom about life as a law student and beyond. We cover a range of topics including JAG Corps, Study Skills, post-law school employment and the importance of mentors. 1st Lt Arango works with veterans attending college and law school to help them succeed in their academic studies. Our discussion is of great value to military personal and anyone else thinking about, enrolled in or graduated from law school.
Some key takeaways...

Build relationships with professors while in law school. They can help you years after you graduate.
Find a mentor to help you navigate the legal world.
Outline your classes on your own. The outlining process is where you can do your best learning.

About our guest...
1st Lt Steven Arango is an officer in the United States Marine Corps, a lawyer, and a dedicated public servant. Arango is always seeking opportunities to join non-profit organizations and to mentor others.

Currently, he is a Federal Law Clerk for U.S. District Judge Fernando Rodriguez, Jr. in the Southern District of Texas. Arango conducts research and drafts opinions on various issues dealing with immigration, constitutional, and administrative law. He also manages and drafts all orders related to land cases, mainly dealing with Southern Border issues.

Before his clerkship, Arango worked for the U.S. House of Representatives, specifically for Representative Jeff Duncan (SC), and for the Department of Defense in the Office of General Counsel, International Affairs. He has been fortunate to work in all three branches of government at an early age, and learn how the federal government operates.
1st Lt Arango is a law school and undergraduate Ambassador to Service to School, a non-profit that provides free college and grad school application counseling to military veterans and service-members.
Click here to reach 1st Lieutenant Officer Arango.
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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.

Consideration in Contracts Feb 18, 2020

In this episode...
Professor Wayne Barnes, Professor of Law at Texas A & M School of Law and a lecturer with Kaplan Bar Prep explains consideration in contracts.
Some key takeaways...

Consideration is a bargained-for exchange
The promisor must receive something of value in exchange for his promise
The thing of value can be a return promise or performance.

About our guest...
Professor Wayne Barnes teaches and writes about contract law. His scholarly interests focus on contract law, including the implications of contract theory for ascertaining assent by consumers to standard form contracts. He has especially focused on such assent to form contracts in the online Internet context, and the implications of the online environment for the contracting process. He is a co-editor of the student edition of the venerable White & Summers treatise on the Uniform Commercial Code, the Learning Core Commercial Concepts coursebook by West Academic, and The Short & Happy Guide to Secured Transactions. Prior to joining the faculty at Texas A&M, Professor Barnes practiced law for eight years in commercial litigation, creditors’ rights and bankruptcy, first at a law firm in Amarillo, Texas, and later at a large Dallas law firm. He is also the lead national Kaplan lecturer for Contracts and the Uniform Commercial Code, and also lectures for PMBR on MBE preparation.
-
Law to Fact is a podcast about law school for law school students.
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.
Visit kaplanbarreview.com today to sign up.

Environmentalist Karl Coplan on His Book, Live Sustainably Now Feb 11, 2020

In this episode...
Professor Karl Coplan, Professor of Law and Director of the Environmental Litigation Clinic at the Elisabeth Haub School of Law at Pace University discusses his new book, Live Sustainably Now: A Low Carbon Vision of the Good Life, published by Columbia University Press. Professor Coplan shares ways, both small and large, in which each of us can lower our carbon footprints, and together make a difference in the fight against climate change.
Live Sustainably Now reads as much as a memoir as it does a call to arms. Coplan shares how he lives on a 4-ton annual carbon budget by kayaking across the Hudson River to work or inserting a wood stove to heat his home, through what he calls Carbon Diaries. Each Diary is a fun read and an aspirational example of helping with climate change. He presents his efforts through what he calls Carbon Diaries, each of which is fun to read through his Carbon Diaries, which include—carbon life, sharing his carbon diary (like how he kayaks to work or rode his bike rather than drives). But unlike so many books on climate change, this book is neither unreasonably aspirational nor preachy. Coplan recognizes that his efforts may be other herculean and offers small reasonable steps that each of us can take to effect change, and feel good doing so. (check out the chapter on Having Fun on a Climate budget!) He also clearly explains what factors work against our climate and does so—easily and understandably. Filled with information sandwiched between personal highlights, it is an interesting read. You're likely to finish it in one sitting.
Some key takeaways....

Every flight across the country emits enough carbon monoxide to fill a house
Of all protein production, Pork and Meat production emits the highest levels of carbon monoxide.
Doing something as simple as switching to renewable energy will make a difference
The easiest and best step we can each take is to check our carbon footprints.

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Drafting the Ideal Appellate Brief Feb 04, 2020

In this episode...
Three writing expert writing professors share their advice and key strategies to assure success on the appellate brief. Christine Coughlin, Professor of Legal Writing at Wake Forest School of Law, Jean Goetz Mangan, Legal Writing Instructor at the University of Georgia School of Law and Ruth Anne Robbins, Distinguished Clinical Professor of Law at Rutgers Law School highlight the importance of pre-writing, narrative and even font choice when drafting the brief. And we all share the fear we first felt, and fun we finally had, when arguing the brief.
Some key takeaways...

Chart the arguments both pro and con before you begin writing your argument.
Document design can improve the quality of your brief.
Headings are the prime real estate of your appellate brief.
There is a huge value to pre-writing.

Our experts share some key reference books for you to check out!

Ruth Ann Robbins, Ken Chestek and Steve Johansen,Your Client’s Story: Persuasive Legal Writing (2d ed. 2019)
Christine Coughlin, Jean Malmud Rocklin et. al, A Lawyer Writes
Ruth Anne Robbins, Painting with Print: Incorporating Concepts of Typographic and Layout Design into the Text of Legal Writing Documents
Laura P. Graham and Miriam E. Felsenburg, The Pre-Writing Handbook for Law Students: A Step by Step Guide

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Feed Spot's Top 50 Podcasts You Must Follow in 2020 . FM Player's Best Law Shool Podcasts (2020).
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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.

Writing a Law School Scholarly Article Jan 28, 2020

In this episode...
We speak with Sarah Morath, Clinical Associate Professor, Director of Lawyering Skills and strategies at The University of Houston Law Center, about drafting a scholarly article. Most law schools have an upper-level writing requirement. Expert Sarah Morath provides valuable insights to help you get the job done right!!
Some key takeaways...

Scholarly articles must have a legal "so what." Be careful not to write an undergraduate thesis.
Footnotes for law review articles are different from those in a memorandum of law or appellate brief. Use the main part of the Bluebook for reference.
Pick a topic that interests you, you will be with the topic for a long time.

Law to Fact is a podcast about law school for law school students.
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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.

Privacy Torts Jan 21, 2020

In this episode...
Professor Amy Gajda, the Class of 1937 Professor of Law at Tulane Law School explains the four privacy torts and shares discusses the likely impact of recent cases including Bollea v. Gawker (The Hulk Hogan Case).
Some key takeaways are...
The Privacy Rights are

Misappropriation - use of another's name or identity without permission.
Intrusion into seclusion - peering in on someone who is in seclusion.
Publication of private facts (the gossip tort) publishing of private information about another person that is highly offensive and not newsworthy.
False Light - which is similar to the tort of defamation and not accepted in all jurisdictions.

About our guest...
Amy Gajda is recognized internationally for her expertise in privacy, media law, torts, and the law of higher education; her scholarship explores the tensions between social regulation and First Amendment values.

Gajda’s first book, The Trials of Academe (Harvard 2009), examines public oversight of colleges and universities and its impact on academic freedom. Her later work draws on insights from her many years as an award-winning journalist and focuses on the shifting boundaries of press freedoms, particularly in light of the digital disruption of traditional media and rising public anxieties about the erosion of privacy. Her second book, The First Amendment Bubble: How Privacy and Paparazzi Threaten a Free Press (Harvard 2015), explores these boundaries in the context of judicial oversight of journalistic news judgment. Gajda is presently at work on a third book, The Secret History of the Right to Privacy, under contract with Viking and slated to be published in 2021. Her upcoming book, tentatively titled The Secret History of the Right To Privacy will be published by Viking Press.
In Fall 2019, the American Law Institute appointed her to serve as an Adviser for its new Restatement on Defamation and Privacy, a multi-year project that begins in 2020.
You can hear Professor Gajda's take on the Hulk Hogan case, and its fallout, by clicking here.
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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.

Model Rule 1.6(b) Meets Climate Change Jan 14, 2020

In this episode...
Professor Victor Flatt, the Dwight Olds Chair in Law at The University of Houston Law Center and the 2019 Haub School of Law at Pace University Visiting Scholar, explains the requirements of Model Rule of Professional Responsibility 1.6(b), which permits attorneys to disclose information to prevent death or serious bodily harm and how bar associations can use the rule to prevent further climate change. He presents his theory in his most recent article, Disclosing the Danger: State Attorney Ethics Rules Meet Climate Change, to be published in the Utah Law Review.
About our guest...
Professor Victor B. Flatt returned to the University of Houston in 2017 as the Dwight Olds Chair in Law and the Faculty Director of the Environment, Energy, and Natural Resources (EENR) Center. He also holds an appointment as a Distinguished Scholar of Carbon Markets at the University of Houston’s Global Energy Management Institute. He was previously the inaugural O’Quinn Chair in Environmental Law at UHLC from 2002-2009.
Professor Flatt is a recognized expert on environmental law, climate law, and energy law. His research focuses on environmental legislation and enforcement, with particular expertise in the Clean Air Act and NEPA. He is co-author of a popular environmental law casebook, and has authored more than 40 law review articles, which have appeared in journals such as the Notre Dame Law Review, Ecology Law Quarterly, Washington Law Review, Houston Law Review and the Carolina Law Review. Six of his articles have been recognized as finalists or winner of the best environmental law review article of the year, and one was recognized by Vanderbilt University Law School and the Environmental Law Institute as one of the three best environmental articles of 2010, leading to a seminar and panel on the article in a Congressional staff briefing.
Professor Flatt has served on the AALS sub-committees on Natural Resources and Environmental Law and was chair of the AALS Teaching Methods Section. He has served on many other boards and committees in his career including the national board of Lambda Legal, and the Law School Admission Council’s Gay and Lesbian Interests section. He is currently on the Advisory Board of CE3, a member of the ABA’s Section on Environment, Energy, and Natural Resources Law Congressional Liaison Committee, and a member scholar of the Center for Progressive Reform.
Law to Fact is a podcast about law school for law school students.
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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.

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

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

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.

Law to Fact is a podcast about law school for law school students.
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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.

Summary Judgment Dec 03, 2019

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…

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.

Law to Fact is a podcast about law school for law school students.
-
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.

A Happy 2L Shares Uplifting Advice Nov 26, 2019

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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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.

Building an Entertainment Law Practice Nov 19, 2019

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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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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First Amendment: Free Speech Nov 12, 2019

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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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.

Election Law Nov 05, 2019

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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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.

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

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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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.

100 Days to Your Next Job Oct 22, 2019

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

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.
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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.

The 5 Myths About Studying for the LSAT Oct 11, 2019

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:

Five to six months is the ideal amount of study time to ace the LSAT.
Take the LASER approach to studying for the LSAT: Learning, Accuracy, Sections, Exam and Review.
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
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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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Res Ipsa Loquitur Oct 08, 2019

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:

The harm would not have happened but for a negligent act
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.

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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.

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

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...

Clear thinking will lead to clear writing.
Research is a recursive process
Set a personal due date a few days before the final due date
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.
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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.

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

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...

One is purposeful when it is their goal to accomplish the harm
One acts knowingly when it is not their goal but they are pretty darn certain their conduct will cause the harm.
One acts recklessly when they are personally aware of a risk that their conduct will cause the harm.
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.

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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.

Thinking About Punishment and the Criminal Law Sep 24, 2019

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...

25% of American adults have criminal records.
30% are of young people are arrested by the time they are 23.
Our criminal justice system focuses is flawed because it continues to punish based on traditional notions of blameworthiness.
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.
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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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Criminal Procedure: Terry Stops Sep 17, 2019

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...

Police may not detain persons absent reasonable suspicion.
Courts define reasonable suspicion as specific and articulable facts from which suspicion can be made - something between a gut hunch and probable cause
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.
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Understanding Hearsay Sep 10, 2019

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.
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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.

Career Trajectory Sep 03, 2019

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...

The law that interests you when you enter law school is not necessarily the law that interests you when you leave.
After your first job, your work product becomes your resume.
Acquire mentors. Different mentors are helpful for different reasons.
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.
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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.

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

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:

Don’t wait until the last minute to write your paper. A good memorandum requires revisions.
Don’t be adversarial, be honest.
Write to your intended audience.
Follow samples of good writing.
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
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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.

The Four Myths of the Federal Rules of Civil Procedure Aug 20, 2019

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:

The Rules Cover the Waterfront (that they apply to everything)
The Rules are Indecipherable (that you can't read them even if you try)
The Rules are Divinely Inspired (courts are not permitted to interpret them)
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.
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Bryan Garner on Garner's Guidelines for Drafting and Editing Contracts Aug 13, 2019

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

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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Securing the Proper Accommodations for Law School Jul 30, 2019

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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Mani Tafari on the documentary "Who Killed Garrett Phillips" Jul 23, 2019

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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How to Brief a Case and Understanding the Court System Jul 23, 2019

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
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How to Read a Legal Opinion Jul 23, 2019

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
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Securing a Judicial Clerkship May 21, 2019

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.
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Lawrence Lessig Discusses His Book, Fidelity and Constraint May 14, 2019

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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The Importance of Joining Law Review or a Law Journal May 07, 2019

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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Products Liability Apr 30, 2019

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

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Liquidated Damages in Contracts Apr 23, 2019

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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The Equal Protection Clause and Disparate Impact Apr 16, 2019

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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How to Interpret Statutes Apr 11, 2019

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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The Equal Protection Clause and Suspect Classes Apr 09, 2019

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
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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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Find us on Twitter, Instagram, and Facebook!
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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.

Students Share their Moot Court Experience Apr 02, 2019

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.
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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.

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

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.

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

Professional Responsibility: Client Conflicts of Interest Mar 19, 2019

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.

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

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

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.

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

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

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.

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

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.

Illegal Searches: Technology, Privacy, and the Fourth Amendment Feb 19, 2019

In this episode, Prof. David Dorfman, Professor of Law at the Elisabeth Haub School of Law, explains how to answer a question concerning the right to search and seizure. Professor Dorfman explains the history of the Fourth Amendment and walks us through the relevant case law. The discussion ends with a clear explanation of how to answer a law school exam question concerning police investigation of a GPS system.

Copyright Law and the Fair Use Doctrine Feb 12, 2019

In this episode, Brian L. Frye, Spears Gilbert Professor of Law at the University of Kentucky explains the Fair Use Doctrine. Prof. Frye explains the history of both copyright law and the fair use doctrine and then provides a detailed discussion of how students might evaluate a fair use question on an exam.

About our guest…Brian L. Frye joined the faculty of the College of Law in 2012. He teaches classes in civil procedure, intellectual property, copyright, and nonprofit organizations, as well as a seminar on law and popular culture. Previously, he was a Visiting Assistant Professor of Law at Hofstra University School of Law, and a litigation associate at Sullivan & Cromwell LLP. He clerked for Judge Andrew J. Kleinfeld of the United States Court of Appeals for the Ninth Circuit and Justice Richard B. Sanders of the Washington Supreme Court. He received a J.D. from the New York University School of Law in 2005, an M.F.A. from the San Francisco Art Institute in 1997, and a B.A. from the University of California at Berkeley in 1995. His research focuses on intellectual property and charity law, especially in relation to artists and arts organizations.

Professor Frye is also a filmmaker. He produced the documentary Our Nixon (2013), which was broadcast by CNN and opened theatrically nationwide. His short films and videos have shown in the 2002 Whitney Biennial, the New York Film Festival, and the San Francisco International Film Festival, among other venues, and are in the permanent collection of the Whitney Museum of American Art. His critical writing on film and art has appeared in October, The New Republic, Film Comment, Cineaste, Senses of Cinema, and Incite! among other journals.

Additionally, Professor Frye also produces a podcast, Ipse Dixit https://shows.pippa.io/ipse-dixit
Want to learn more about Professor Frye? Visit the links below:
http://law.uky.edu/directory/brian-l-frye
@BrianlFrye
https://shows.pippa.io/ipse-dixit
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.

Mastering Critical Reading to Enhance Academic Success Feb 05, 2019

In this episode Prof. Jane Grisé, author of the book, Critical Reading for Success in Law School and Beyond and Director of Academic Enhancement and Assistant Professor of Legal Research and Writing the the University of Kentucky explains the importance of critical reading and shares her tips for mastering the skill. This easy understandable episode will help any student improve his or her or their grades

The Keys to Success on the LSAT Feb 02, 2019

In this episode, LSAT tutor Steve Schwartz, author of the LSAT BLOG, Host of the LSAT Pros Podcast and YouTube star, shares his tips for success on the LSAT. Steve's mission is to help every student see success on the LSAT. As he points out, just one point improvement can translate it to additional scholarship dollars. Steve explains the key strategies to a high LSAT score and shares his advice on when you should and you shouldn't cancel your score. Check out his blog for "lost of free stuff" on LSATblog.blogspot.com

Planning for the Bar Exam as a 1L, 2L and 3L Jan 29, 2019

In this episode, Bob Cohen, Northeast Director of Themis Bar Review, explains what law students need to know about the Bar Exam during their first, second and third year of law school, and objectively shares what he thinks students should consider when choosing a commercial bar prep course. The good news for 1Ls --- do nothing but take your classes!

Top Tips for Answering Multi-State Bar Questions with Success Jan 22, 2019

In this episode, Chris Fromm, Executive Director of Institutional and Supplemental Programs for Kaplan Bar Review shares his tips for passing the MBE portion of the bar. Professor Fromm has passed the bar exam in Pennsylvania, New York, New Jersey, Colorado, Arizona, Oregon and Hawaii and so he really knows his stuff. He has spent a career dissecting bar exam questions. As Prof Fromm points out, "Hope is not a strategy," and in this episode, he shares real concrete steps you can take to make sure you are ready for the bar. (like students who do all the work assigned by a bar course have an exorbitantly high chance of passing the bar). According to Professor Fromm, students who graduate for the bar are bar able, but not bar ready. This episode will help you become bar ready! And listen until the end for a coupon off the Kaplan Bar Review Program.

Time Management: The Key to Bar Prep Success Jan 15, 2019

In this episode, Kerriann Stout, CEO of Vinco Bar Exam Coaching discuss her tips for stress and time management while studying for the bar. Right from the outset, suggests that you start thinking about studying for the bar a month before you even begin to study and most importantly, create a time management plan that allows you to take 3,000 (yes three thousand) practice MBE questions before you sit for the bar.
Vinco creates customized bar review plans to help their students pass the bar exam with less stress and more confidence. To reach out to Kerriann or to learn more, head to http://vincoprep.com.

Taking the Bar for the Second Time Jan 08, 2019

In this episode, Sean Silverman, President and CEO of Silverman Bar Prep discusses his strategies for taking the bar for the second time. He points out that sometimes 2 months just isn't enough time to pass the bar, and for those who need a bit more study time, the second time around is a success. Sean is willing to touch base with anyone who has questions or concerns or just needs a quick pep talk. You can reach Sean via his website, http://mbetutorial.blogspot.com/

Social Media Strategies for Law Students Dec 18, 2018

In this episode, Professor Thaddeus Hoffmeister, Professor of Law at the University of Dayton School of Law and noted television and radio commentator, explains how a well tailored social media presence can enhance your career search. Professor Hoffmeister discusses the various social media platforms, and provides shares methods you can employ to increase your post-law school employment opportunities!

My Top Ten Tips for Success on Law School Exams Dec 04, 2018

In this episode I quickly rattle off my top ten tips for success on law school exams. It's a down and dirty review. Wishing you the best on all your exams and a happy holiday season.

Personal Jurisdiction Nov 28, 2018

In this episode Dean Emeritus and Professor of Law, Michelle Simon explains Personal Jurisdiction. In addition to walking us through the different aspects of the issue, Dean Simon lays out a no-fail way to answer personal jurisdiction questions you may face on an exam. Hint: Read the questions very very carefully!

What Professors Expect to See on Exams ... and how to prepare for them! Nov 27, 2018

In this episode I speak with Prof. Laurie Zimet, Director of Academic Support at UC Hastings, who shares with us the mindset of professors when they are grading exams, as well as some key exam tips. Prof. Zimet explains that professors are grading on the ability to analyze, rather than a mastery of memorization and gives key tips, including preparing yourself for distractions that will occur when you are in the exam room by taking one practice exam in a crowded cafe -- what I call a Tiger Woods approach to taking exams!

The Best Evidence Rule Nov 20, 2018

In this episode, Professor I. Bennett Capers, Professor of Law, the Stanley A. August Professor of Law at Brooklyn Law School, explains the Best Evidence Rule, a rule that is not widely popular but is ALWAYS on the Bar Exam. Professor Capers explores the history of the rule, the reasons for the rule and how a question about the rule might appear on an exam.

Criminal Law: Justification and Self Defense Nov 13, 2018

In this episode, Professor Luis Chiesa, Professor of Law, University of Buffalo School of Law explains the difference between justification and self-defense, and explores the nuances of self-defense and defense of others. This podcast is particularly helpful to students who will face a self-defense question on their law school exams; toward the end of the episode Prof. Chiesa provides in great detail, the keys to mastering a self-defense question.

Criminal Law: The Mistake of Law Defense Nov 13, 2018

In this episode Professor Thomas McDonnell, Professor of Law at the Elisabeth Haub School of Law explains the Mistake of Law defense. Professor McDonnell begins by noting that ignorance of the law is never a defense to a crime, but then highlights three instances in which defendants can successfully avoid conviction based on his misunderstanding of the law with which they are charged; (1) if the legislature creates a mistake of law defense (2) If the law changes ex post facto and (3) if denying the defense would be a violation of fundamental fairness.

Coping with Law School Stress Nov 06, 2018

In this episode I speak with three experts on stress and how to cope with it. Professor Rachel Gurvich of Univ. of North Carolina shares her tips for helping students through the stressful law school exam period. Follow Prof. Gurvich @rachelgurvich for continued law school tips and encouragement. Suze Yalof Schwartz, Founder and CEO of Unplug Meditation shares her "16 second to calm" meditation, an essential tool for dealing with stress in real time. Finally, Dean Angie D'Agostino, Dean of Students and the Elisabeth Haub School of Law at Pace University normalizes stress expectations among law students and discusses when students should be concerned that their stress level has gone too far.

Analyzing the Reasonableness of Duty and Proximate Cause Oct 30, 2018

In this episode, Professor Noa Ben-Asher, Professor of Law at the Elisabeth Haub School of Law explains how to evaluate the reasonableness of negligence from a theoretical viewpoint. This episode provides listeners with a framework for analyzing duty and proximate cause in the context of justice. Professor Ben-Asher explains that students must understand and consider whether justice would be served by finding a particular defendant negligent. Together we discuss three theories of justice; distributive justice, corrective justice, and economic justice, and test these theories against traditional tort cases. This episode provides tort students with a deep understanding of negligence elements and creates a framework for thinking about tort problems on the deepest of levels.

Wills: When a Beneficiary Predeceases the Testator Oct 23, 2018

In this episode Prof. Bridget Crawford, Hopkins Professor of Law at the Elisabeth Haub School of Law discusses the implications of a will when a beneficiary dies after the testator. The discussion explores the consequences under both the common law and Uniform Probate Code.

Landlord - Tenant Law Oct 09, 2018

In this episode, Professor Paula Franzese, the Peter W. Rodino Professor of Law at Seton Hall University School of Law explains the rights and obligations of landlords and tenants. Pay particular attention to the end of the conversation where she provides universal tips for answering law school exams.

Homicide Oct 02, 2018

In this episode, Prof. Audrey Rogers discusses the various types of homicide. She explains how homicide labels (murder, manslaughter) are tied to punishment rather than intent, and explains the various types of homicide available to prosecutors. Prof. Rogers provides concrete examples of the various types of intent and reminds students that the key to success on a criminal law exam is to read the language of the statute as homicide statutes vary from state to state!!

Relevance and the Federal Rules of Evidence Sep 25, 2018

In this episode, Prof. Lissa Griffin walks listeners through Federal Rules of Evidence 403-415. She gives clear examples of each rule and explains how to spot the relevant rule on an exam. Our discussion ends with a fool-proof step by step method for analyzing whether a particular piece of evidence is admissible for purposes of answering both law school and bar questions.

A Career Services Dean explains why OCI isn't the end all! Sep 18, 2018

In this episode, Karen Eisen, Dean of Career and Professional Development at Brooklyn Law School shares tips on securing a job during your 2L summer. She explains the limited reach of On-Campus Interviews (OCI) and gives tips for those who haven't found a summer position once OCI week has finished. She shares that the bulk of legal employers don't know their hiring needs until winter or spring, the time in which 90% of law students find their second summer position. Dean Eisen also shares her opinion on the benefits and pitfalls of recruitment season for students who transfer after their 1L year. This podcast is essential for all 1L and 2L students as well as professors who want the inside scoop on the advice students get from career services.

Model Penal Code Intent Levels Sep 11, 2018

In this episode, I provide a short discussion that defines and distinguishes the MPC four levels of intent; Purposefully, Knowingly, Recklessly and Negligently

How to Learn the Law for Law School Aug 21, 2018

In this episode, Prof. Kris Franklin of New York Law School discusses how students should think about and approach law school. Her discussion is of value to anyone starting law school, taking their first set of exams, or taking exams after a disappointing semester.

A 2L talks about 1L Aug 19, 2018

In this episode, Ainissa Proctor rising 2L and host of the blog "Legally Complicated" talks about her 1L experience. As a first generation law student, Ainissa had to build her own community to assure success. She talks about how she went about creating a support network and shares the many law school inside scoops that are key to advancing in a law school career.

Ensuring Success as a 1L Aug 14, 2018

In this episode, Prof. Rachel Gurvich, Clinical Assistant Professor of Law at the University of North Carolina School of Law and co-author of the blog #PracticeTuesdays shares her 1L experience. She discusses the mistakes she made and how she turned the experience around to graduate magna cum laude from Harvard Law School. Her advice is recognized nationwide, and this episode is a "must listen" for any incoming 1L.

Mimi Rocah on Building a Career as a Federal Prosecutor Aug 07, 2018

In this episode, Mimi Rocah, Pace Law's Distinguished Fellow in Criminal Justice and NBC/MSNBC Legal Analyst shares career advice. While her journey is particular to a career in federal prosecution, Prof. Rocah's wisdom is valuable to anyone building a law career. She highlights the importance of finding a good mentor, the value that life experience can bring to future employers and the notion that one job can lead to an unexpected next job. This episode is incredibly relevant to anyone considering pursuing a career in the law and particularly useful to those in the middle of a legal job search or interested in changing law careers.

The Day Before The Bar. Jul 22, 2018

In this episode I speak with Bobby Kissel Cornell Law '16 about how he spent the day before the bar. Bobby's best advice... RELAX!!!! And know that you have learned all you can for the big test. Bobby's experience will help you chill out and feel good about whatever emotions you experience for the bar exam days.

Statute of Frauds Jul 15, 2018

In this episode, Prof. Darren Rosenblum and I discuss the Statute of Frauds. We review the age-old mnemonic MYLEGS and explained, in some detail, exactly when the Statute of Frauds requires a contract be reduced to writing in order for a court to enforce it.

Contesting a Will Jun 29, 2018

In this episode, Prof. Bridget Crawford, James D. Hopkins Professor of Law at the Elisabeth Haub School of Law at Pace University discusses her fail-proof acronym for challenging a will on an exam, on the bar or in practice! Just use FIDO PPD and you are set for success.
About our guest…
Professor Bridget J. Crawford teaches Federal Income Taxation; Estate and Gift Taxation; and Wills, Trusts and Estates. Her scholarship focuses on issues of taxation, especially wealth transfer taxation; property law, especially wills and trusts; tax policy; and women and the law. Prior to joining the Pace faculty, Professor Crawford practiced law at Milbank Tweed Hadley & McCloy LLP in New York. Her practice was concerned with income, estate and gift tax planning for individuals, as well as tax and other advice to closely-held corporations and exempt organizations.

Professor Crawford is a member of the American Law Institute and the American College of Trust and Estate Counsel. She is the Editor of the ACTEC Journal. Professor Crawford is the former chair of the AALS Section on Women in Legal Education and the AALS Section on Trusts & Estates. She is one of 26 law professors profiled in the book by Michael Hunter Schwartz et al., What the Best Law Teachers Do, recently published by Harvard University Press. From 2008 through 2012, Professor Crawford served as Pace Law School's inaugural Associate Dean for Research and Faculty Development, and she served again in that role in 2014-2015. Her book Feminist Judgments: Rewritten Opinions of the United States Supreme Court (co-edited with Linda L. Berger and Kathryn M. Stanchi), was published by Cambridge University Press in 2016. Her following book, Feminist Judgments: Rewritten Tax Opinions (co-edited with Anthony C. Infanti), was published by Cambridge University Press in 2017. Professor Crawford is the co-editor of a series of Feminist Judgments books that cover a wide range of subject matters.
Want to learn more about Professor Crawford? Visit the links below:

https://law.pace.edu/faculty/bridget-j-crawford

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.

Law Students Talk About Preparing for Law School Jun 22, 2018

In this episode, two Pace Law rising 2Ls, Brigid O'Hara and Nick Bickerstaff, discuss their experience in law school. The conversation includes discussions of what entering law students can do the summer before law school to best prepare (spoiler alert -- have fun and relax) and what they did right and what they would do differently in their first year of law school.

The Keys to Academic Success in Your First Semester of Law School Jun 15, 2018

In this episode, Prof. Kris Franklin of New York Law School discusses how students should think about and approach law school. Her discussion is of value to anyone starting law school, taking their first set of exams, or taking exams after a disappointing semester.

Conditions in Contracts May 01, 2018

In this episode, Prof. Linda Fentiman, Professor at the Elisabeth Haub School of Law at Pace University discusses contract conditions and how they influence a parties obligations under the law.

Rule Against Perpetuities Apr 25, 2018

In this episode, Prof. Shelby Green of the Elisabeth Haub School of Law at Pace University explains the Rule Against Perpetuities, a long-standing rule that is actually also the plot of two movies. Listen to hear in which movies "The Rule" plays a starting role. Hint: George Clooney was once a co-star

In Personam Jurisdiction Apr 19, 2018

In this episode, Prof. Randolph McLaughlin of the Elisabeth Haub School of Law at Pace University discusses In Personam Jurisdiction. Professor McLaughlin explores the history of the doctrine and clearly articulates the tests students should apply when faced with a personal jurisdiction question.

Sub Leases and Assignments Apr 17, 2018

In this episode, Dean Czarnezki explains the difference between subleases and assignments. Its a quick discussion, and it gets the job done.

Future Interests Apr 17, 2018

In this episode I speak with Dean Jason Czarnezki about Future Interests. Dean Czarnezki explains fee simple absolutes, fee simple determinables and everything in between and explains how to analyze future interests on an exam.

Hearsay Apr 06, 2018

In this episode, Prof. Denis McLauglin of Seton Hall Law School explains how to prove that a statement is hearsay. It's a complicated matter, and Prof. McLaughlin does an excellent job of parsing out just when a statement is offered to prove "the truth of the matter asserted!"

Common Law Offer and Acceptance Apr 02, 2018

In this episode, I discuss common law offer, acceptance and assent and outline how to attack those issues on an exam. Following this podcast, I encourage you to listen to the consideration podcast.

The Commerce Clause Mar 27, 2018

In this episode, Prof. Emily Gold Waldman and I discuss the Commerce Clause. Prof. Waldman walks me through the history of court decisions and then provides an excellent (and super easy) method for spotting and analyzing a Commerce Clause question on an exam.

Mortgages Mar 14, 2018

In this episode, I speak with Professor John Nolon, Elisabeth Haub School of Law, nationally recognized as the Director of the Elisabeth Haub School of Law Land Use Law Center. Prof. Nolon discusses mortgages. After an astute explanation of the levels of analysis necessary to understand mortgages, Prof. Nolon and I discuss how this topic, and property class in general, fits into the broader picture of educating first-year law students.
John R. Nolon is Distinguished Professor of Law at the Elisabeth Haub School of Law at Pace University where he teaches property, land use, dispute resolution, and sustainable development law courses and is Counsel to the Law School's Land Use Law Center which he founded in 1993. He served as Adjunct Professor of land use law and policy at the Yale School of Forestry and Environmental Studies from 2001-2016.

Professor Nolon was named one of two Distinguished Professors in 2014 by Pace University. Previously, he served as the James D. Hopkins Professor from 2009-2011 and the Charles A. Frueauff Research Professor of Law during the 1991-92, 1997-98, 1999-2000, and 2000-01 academic years. He received the Richard L. Ottinger Faculty Achievement Award in 1999 and won the Goettel Prize for faculty scholarship in 2006, and was named Outstanding Teacher of the Year in 2016-2017. In 2009, he was awarded the National Leadership Award for a Planning Advocate by the American Planning Association. The International City/County Management Association presented its Honorary Membership Award to Professor Nolon in 2014, its highest award to a person outside the city management profession for exemplary service to local government. The NY Planning Federation presented him its Lifetime Achievement Award in 2018. He is on the advisory boards of the Sustainable Development Code, the NY Planning Federation, and the Westchester/Fairfield chapter of the Urban Land Institute.

Professor Nolon received his J.D. degree from the University of Michigan Law School where he was a member of the Barrister's Academic Honor Society. His undergraduate degree is from the University of Nebraska, where he was President of the Senior Honor Society. He has served as a consultant to President Carter's Council on Development Choices for the 1980's, President Clinton's Council on Sustainable Development, New York Governor George Pataki's Transition Team, and Governor Elliot Spitzer’s Transition Team. He is a member of the Editorial Board of The Land Use and Environmental Law Review, published by Thomson-West and of the State and Local Government eJournal of the American Bar Association. Professor Nolon received a Fulbright Scholarship to study sustainable development law in Argentina in 1994-1995.
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.

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Marbury v. Madison Feb 28, 2018

In this episode, Professor Karl Coplan, Elisabeth Haub School of Law, explains Marbury v. Madison. Prof. Koplan has a particular insight into the workings of the Supreme Court having clerked for Justice Warren Berger. And, true to his commitment to environmental law, Prof. Koplan is working hard to leave a zero carbon footprint, kayaking to school. Look for an easter egg around 16:45!
Professor Karl S. Coplan has been a Professor and Associate Professor of Law at Pace Law School and director of Pace Environmental Litigation Clinic since 1994. Prior to joining the Pace faculty, he practiced land use and environmental litigation for eight years with the New York City firm of Berle, Kass & Case. As the principal outside counsel for Riverkeeper, Inc., Professor Coplan and the Pace Environmental Litigation Clinic have brought numerous lawsuits enforcing the Clean Water Act and other environmental laws. These cases include Catskill Mountains Chapter, Trout Unlimited v. City of New York, in which the Second Circuit Court of Appeals held that the transfer of polluted, silt-laden water from one watershed to another required a permit pursuant to the federal Clean Water Act. Professor Coplan has also participated in litigation and Clean Water Act permitting proceedings involving several Hudson River power plants, including the proposed Bowline 3 power plant, and the Lovett, Roseton, Danskammer, and Athens plants.

In addition to directing the Pace Environmental Litigation Clinic, Professor Coplan teaches courses in Environmental Law and Constitutional Law. He is recently the author of the chapter on Citizen Suits in Environmental Litigation, Law and Strategy (ABA, Cary Perlman, Ed.) and the chapter on Takings Law in Handbook on Constitutional Environmental Law (ABA, James May, Ed., forthcoming 2010).

Before entering private practice, Professor Coplan clerked for The Honorable Warren E. Burger, Chief Justice of the United States, and The Honorable Leonard I. Garth, Circuit Judge of the United States Court of Appeals for the Third Circuit. Professor Coplan received his J.D. degree from Columbia Law School in 1984 and his B.A. degree from Middlebury College in 1980.

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.

Common Law Contracts: Parol Evidence and Extrinsic Evidence Feb 13, 2018

This episode provides an overview of the parol evidence rule and extrinsic evidence. The Parol Evidence rule is a substantive rule that regulates the introduction of evidence in a lawsuit challenging the existence of a particular term in a contract. it prevents parties from introducing evidence of prior oral or written agreements or contemporaneous oral agreements that contradict a term in a written contract. The purpose of this rule is to prevent fraud at trial. The episode also discusses extrinsic evidence, which is outside evidence used to explain a term.
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.

UCC Article 2 Terms Including Warranties and Delivery Terms Dec 26, 2017

In this episode, we review most of Article 2 Chapter 3 of the Uniform Commercial Code (UCC). This podcast includes a discussion of gap fillers, warranties, and delivery terms and highlights instances in which you might see this provisions on an exam.
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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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UCC Article 2 Damages and Damages Formulas Dec 26, 2017

In this episode, we provide an overview of the UCC Damage formulas, including "lost volume sellers," cover damages and the formula for breach of warranty and explain when to use these formulas on an exam.
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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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The Erie Doctrine Dec 26, 2017

In this episode, we discuss the Erie Doctrine with Michael Mushlin, Professor of Law at the Elisabeth Haub School of Law. Professor Mushlin walks us through "the house of Erie" and explains the steps in analyzing an Erie Problem that students might see in an exam. It's a fun conversation that helps you understand and appreciate Erie in a way you probably hadn't before.
About our Guest:
Professor Michael B. Mushlin teaches Civil Procedure, Evidence, and Prisoners' Rights at the Elisabeth Haub School of Law at Pace University. 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, and the Brooklyn Law Review. 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). You can read more about Professor Mushlin here.

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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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UCC Article 2 Contract Formation (Including Battle of the Forms) Nov 28, 2017

This episode provides an overview of contract formation under Article 2 of the Uniform Commercial Code (UCC). The episode discusses offer, acceptance, firm offer and "battle of the forms." We end with an analytical framework and strategy for attacking contract formation on a law school exam.
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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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Torts: Negligence; Causation Nov 28, 2017

This episode provides an overview of both factual and legal causation. We end with an analytical framework and strategy for attacking the causation element of negligence on a law school exam.
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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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Torts: Negligence; Duty Nov 28, 2017

This episode provides a brief overview negligence reviews the duty element of negligence. The episode discusses the rules and relevant case law necessary to understand when the law creates a duty, breach of which can lead to liability. We end with an analytical framework and strategy for attacking negligence and duty on a law school exam.
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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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Contracts: Consideration Nov 28, 2017

This episode reviews the common law consideration. The episode discusses the rules and relevant case law necessary to understand consideration and ends with an analytical framework and strategy for discussing consideration on a law school exam.
Key Takeaways:

Consideration is giving up something of value in exchange for a promise.
One form of consideration if giving up something you are not legally to give up, e.g. giving up alcohol if you are over 21.
Consideration is required (along with offer and acceptance) to create a legally binding contract.
Past acts can't support consideration.

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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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Intentional Torts to Property Nov 28, 2017

This episode reviews intentional torts to property:

Trespass to Land
Trespass to Chattels
Conversion.

The episode discusses the rules and relevant case law necessary to understand each of the three intentional torts to property and details their similarities and differences. We end with an analytical framework and strategy for attacking these torts on a law school exam.
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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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Torts: Intentional Torts to Person Nov 28, 2017

This episode reviews the following intentional torts to the person:

Battery
Assault
False Imprisonment
Intentional Infliction of Emotional Distress (IIED)

The episode begins with an explanation of intent and then discusses the rules and relevant case law necessary to understand each of the four intentional torts to the person. We end with an analytical framework and strategy for attacking these torts on a law school exam.
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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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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?
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