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Law, Lawyers, and Legal Education

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					                    BUS 475:
         Law, Lawyers, and Legal Education
Professor: Brad Reich
Office: Mc108B
Email: breich@ups.edu
Telephone: 253 879 3569
Class Time and Location:
       TTH 9:30-10:50 WY 203
Office Hours:
       Times: MW 8:00-10:00 and by appointment.
       I’m frequently around anyway.


Course Description:

This course is designed to introduce students to the three components of the legal
educational experience: pre-law school and law school, post-law school careers, and the
legal environment as a whole. We will understand the purpose and procedure of the
LSAT, learn to plan critically for law school and subsequent careers, develop basic
electronic legal research skills, and gain exposure to real legal fields. You will spend as
much time working on this course outside of the classroom as you will inside it. You will
continually evaluate why you are doing what you are doing. The course emphasizes
inter-related research activities and culminates in a major research paper.

What this Course is not:
1. An LSAT preparation program.
2. An intermediate or advanced legal research and writing class.
3. A specialized substantive law course, i.e. Constitutional Law, Torts, Civil Procedure,
etc..

Required Texts and Important Resources:

1. Deborah Schneider and Gary Belsky, Should You Really be a Lawyer?: The Guide to
Smart Career Choices Before, During, and After Law School. (“Text”)
2. William C. Burton, Burton’s Legal Thesaurus. (“Thesaurus”)
3. Much of your research will be done online. You will need regular access to
LexisNexis. This legal search engine is already provided, without additional cost to you,
through the UPS library.
4. You can learn a lot from the various articles, resources, and links available through the
Professional Development Center at FindLaw (http://profdev.lp.findlaw.com).

NOTE: Please do NOT read ahead in the Text. There will be times that we use it like a
workbook and your first responses are likely to provide the most value to you.
Course Objectives:

1. Cover substantive material as required by the course description.
2. Develop critical thinking, reasoning, and creative problem solving skills.
3. Demonstrate critical thinking, reasoning, and creative problem solving
   skills through oral and written mechanisms.
4. Emphasize continuing learning, thinking, and accountability.


Requirements and Expectations:

1. Attendance is mandatory.
2. You will arrive ready to contribute, utilizing materials assigned.
3. If you cannot arrive before class begins, DO NOT COME IN.
4. IF THE DOOR IS CLOSED DO NOT COME IN (unless you have already been in).
5. Read the syllabus/schedule frequently.
6. Participate.
7. Meet due dates and deadlines

Believe it or not, this class can be fun and very interesting. It requires frequent
communication both within and outside of class and between students and faculty and
among students. The class also involves many in class group exercises. If you are not
here, or do not actively participate, it hurts you and others. Attendance is mandatory.
If you have a conflict you must get permission from me to miss class PRIOR to missing
class. If you miss class without prior permission I will reduce your overall grade at
my discretion. If you fail to meet requirements I will reduce your overall grade at
my discretion.

Having said that, if you make meaningful contributions in class work and discussions, I
may add participation credit to your grade at my discretion.


Email/Communication:

Email communication is not perfect; so do not expect it to be.

There may be times that I send mass emails to the entire class. I will do so using
Cascade. It will automatically send the email to whatever address Puget Sound has as
your primary email address. For most of you that will be your UPS email account, but
some of you will have created a different account and I won’t know it. You are
responsible for checking your email accounts regularly.

There may be times that you email me. If you do not get a response I DID NOT
receive your email. I always respond to student emails, although some may only
receive a “Got it” acknowledgement.

You must check your email at least once per day.
Grading:

I recognize that different students bring different abilities to the table, accordingly this
class offers opportunities to excel for those who research well, write well, speak well, and
think critically. There are no traditional exams or quizzes. Your grade will be
determined as follows.

Assignment 1 - Initial Perceptions Paper                             36
Assignment 2 – Trial Observations Paper                              57
Assignment 3 - Cost Paper                                            72
Assignment 4 - Choice Challenges Paper                               74
Assignment 5 - Societal Perception Paper                             51
Assignment 6 – Legal Path Paper                                      150
              TOTAL                                                  437

NOTE I: Anything that is due “class time” is due at the beginning of that class period,
not during or by the end of it. Late submissions will be reduced at my discretion and will
incur, at a minimum, a 5% point reduction. I may refuse to accept them, period.

NOTE II: I do not submit hand written materials to you and I will not accept them from
you.

I am planning to assign letter grades using the following scale, although I reserve the
right to modify it as I deem necessary:

       A       411-437
       A-      393-410
       B+      380-392
       B       367-379
       B-      350-366
       C+      336-349
       C       323-335
       C-      306-322
       D+      293-305
       D       280-292
       D-      262-279
       F       0 - 261

Mid-Term Grades:

School regulations require me to issue a mid-term grade of “S” (Satisfactory), “U”
(Unsatisfactory), of “F” (Failing the course). You will only be notified of your mid-term
grade if it is a U or an F. However, this grade only represents your status at a particular
point in time and your final letter grade could differ significantly (for better or worse)
from your mid-term grade.
What you REALLY need to understand:

This is a class about higher learning conducted in an institution of higher learning.
Diligence is expected.

This is not a class based on “effort credit” and effort credit will not factor in to your
grade. In other words, never confuse effort with achievement. You may feel that a
certain amount of effort or time should equal a certain grade. It does not. You can spend
a long time doing something incorrectly or you may master something very quickly.
Your scores are based on objective assessment criteria. If you meet those you will score
points, if you do not, you will not. I will not gift points for “trying hard”. On the other
hand, if you can excel with minimal effort, I will not deduct points because you did not
have to work “hard enough”.


Extra Credit:

There is none available in this class. This class is all about you so the only way to give
“extra” is to short-change the course (and yourself) in the first place.


Special Needs/Disabilities:

Students with disability concerns are urged to contact the Disability Services Coordinator
at 253 879 2692 as soon as possible. I cannot accommodate a disability without an
official Directive from Disability Services.


Academic Dishonesty:

Just don’t do it in any way, shape, or form. If you do, it will be painfully obvious and I
am then required to do the following:

D. If the faculty member determines that a violation of academic integrity has
occurred, he or she is required to submit to the Registrar an Academic
Integrity Incident Report (available from the Office of the Registrar),
including reasonable documentation of the violation. The report should also
indicate penalties the instructor intends to impose and whether or not the
instructor recommends further sanctions through the Hearing Board process.

Please see http://www.ups.edu/x4718.xml for additional details and
information.


Disclaimer:

I do not expect to, but I reserve the right to change any part of this syllabus, at any time,
for any reason, as I deem necessary.
                      COURSE CHRONOLOGY

Class 1:
8/31 – Review syllabus and course structure.

       Hand out: Assignment 1
       DUE for next class: Contact the courthouse of your choice. You are probably
       going to speak to the Clerk of Court. Find out when trials or other judicial
       proceedings (hearings, sentencings, etc.) are running and open to the public. You
       will be required to visit one soon, so I want you to determine the schedule in
       advance.

       Note: Email me today if you have already taken the LSAT exam


                     Section 1: The LSAT – a necessary evil
Class 2:
9/2 - The LSAT I
        - Explanation
        - Take section 1 of the exam.

       DUE: Assignment 1
       DUE: Potential dates and times for judicial visit.
       Hand out: Assignment 2

Class 3:
9/7 - The LSAT II
        - Take sections 2 and 3 of the exam.

        Due for next class locate, print, and read FINAL REPORT: Identification,
        Development, and Validation of Predictors for Successful Lawyering by
        Marjorie M. Shultz and Sheldon Zedeck, Principal Investigators

       available at http://www.law.berkeley.edu/files/LSACREPORTfinal-12.pdf

       “BUT WAIT! Its like 100 pages!! And parts are kind of complicated!!!”

        Yes and a) it will give you further perspective on the role of LSAT and GPA in
        law school admission and the practice of law b) it should give you pause for
        thought as you begin Assignment 3 and c) that’s about the normal nightly reading
        load, per class, for the average first year law student.
Class 4:
9/9 – The LSAT III
       - Take section 4 of the exam, score, and debrief.
       - Discuss study aids and options.

       DUE for next class: print, read, and be prepared to discuss these cases:
       - Marbury v. Madison. You will find a somewhat manageable version at
         http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/marbury.html.

       Hand out: Wickard v. Filburn
       Hand out: Lexis Nexis access instructions


          Section 2: A Little Knowledge – a lot of introspection.

Class 5:
9/14- Federal and State court structures.
       Due for next class: print, read, and be prepared to discuss:
       - International Shoe v. State of Washington. You will find it at
         http://www.law.cornell.edu/supct/html/historics/USSC_CR_0326_0310_ZO.html
       - Cole v. Mileti, 133 F.3d 433 (6th Cir. 1998). You need to find it on your own. I
          suggest LexisNexis.

Class 6:
9/16- Jurisdiction and the Pre-Trial Process

Class 7:
9/21 - The Trial Process: Video

       Due for next class session: Locate and print out:
       Shoshone Coca-Cola Bottling Co. v. Leo L. Dolinski, 420 P.2d 855 (Nev. 1966).
       Gray Brown-Mortuary, Inc. v. Fred Patrick Lloyd Jr., 729 So.2d 280 (Ala. 1999).

       Note: You do not need to read these cases prior to class. In fact it would best if
       you read them for the first time IN class.

Class 8:
9/23 – NO CLASS: CONFERENCE

Class 9:
9/28 - Case Briefing and Issue Identification
        Hand out: EEOC v. Wal-Mart, 187 F.3d 1241 (10th Cir. 1999).

       Due for next class: Locate, print out, and read:
       State of Washington v. Hobart, 94 Wn. 437, 617 P.2d 429 (1980)
       State of Washington v. Hudson, 124 Wn. 107, 874 P.2d 160 (1994)
Class 10:
9/30 – Common Law Evolution I
       Hand out: Terry v. Ohio
                 Minnesota v. Dickerson

       Brief: Terry, Hobart, Dickerson, Hudson

Class 11:
10/5 – Common Law Evolution II
       Conclude briefing
       Complete and discuss in class assignment

       DUE for next class:
       1. Read: Text pp. 224-29
       2. Print and read the following materials
          - http://profdev.lp.findlaw.com/column/column16.html
          - http://profdev.lp.findlaw.com/column/column18.html
          - Debra Moss Curtis, Teaching Law Office Management: Why Law Students
            Need to Know the Business of Being a Lawyer (this is a law review article
            available through LexisNexis)
           - Richard Sander and Jane Yakowitz, The Secret of my Success: How Status,
           Prestige and School Performance Shape Legal Careers (available at
           http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1640058), you will have
           to download it)

Class 12:
10/7 – What will Law School Really Cost Me?
       - Understanding rankings
       - Understand the need for logical analysis
       - Understanding “Bang for the Buck”

       Hand out: Assignment 3
       DUE: You must email group membership and schools selected to me by 5:00
         today. I will then send out a presentation order.

Class 13:
10/12 – NO CLASS: PREPARE PRESENTATIONS

Class 14:
10/14 – “Cost” Presentations
      DUE: Assignment 3

Class 15:
10/19 – NO CLASS: FALL BREAK
Class 16:
10/21- Decisions and Personalities.

       Hand Out: Background
       Hand Out: The War Within the Warrior

       Due for 10/28 class:
       1. Read Warrior
       2. Complete Handout: “Background”

       Hand Out: Assignment 4

Class 17:
10/26 – Field Trip (Olympia): Washington Supreme Court Oral Arguments

       9:00 a.m. TBD
       1:30 p.m. TBD

       NOTE: We will depart from UPS at 7:30 a.m. by van(s). I expect to return to
       campus no later than 4:30, and likely earlier. Food is available for purchase
       within walking distance of the Supreme Court building. If you have particular
       dietary preferences, I urge you to bring your own food and beverage as I cannot
       guarantee what will be available there. Please also dress accordingly, this is the
       highest court in Washington state.

Class 18:
10/28 - Skills, Subject Matter, and Work Environment
      Bring: Text
        DUE: Assignment 4
        DUE: “Background”

       NOTE: I will have individual meetings with students on Nov. 4 and 9. Please
       sign up for one of the available slots posted on my office door. If your name is
       not on a sheet by 8:00 a.m. on Nov. 4, you cannot meet with me. The failure to
       sign up or attend will be treated as an unexcused absence.

Class 19:
11/2 - Social Perceptions
        DUE: Assignment 2

       Hand Out: Assignment 5
       Hand Out: Assignment 6

Class 20:
11/4 - Individual Meetings I

Class 21:
11/9 – Individual Meetings II
        DUE: Assignment 5 (by noon, in my office)
         Section 3: Basic Legal Research – very, very basic.

Class 22:
11/11- Federal Common Law
     Bring: Thesaurus
       Hand out: FloJo and Wal-Mart
       Hand out: Too Fat?

Class 23:
11/16- State Common Law
     Bring: Thesaurus
       Hand out: The Divorce

Class 24:
11/18 - Federal Statutory Law
     Bring: Thesaurus
        Hand out: Discrimination?

Class 25:
11/23 - State Statutory Law
     Bring: Thesaurus
        Hand Out: Renting

Class 26:
11/25– NO CLASS: THANKSGIVING


        Section 4: Legal Paths – What future do you want?
                      How do you know that?

Classes 27 - 29
Read: Text Chapter 7, Chapter 8, pp. 216-233

You may schedule as you need to for the last three class periods; we will not meet in
class. You will identify, interview, and shadow three people. The first must currently be
in a legal field that interests you (you think you would consider it as a career). The
second one can be, but they do not have to be (i.e. they may have been in such a field
previously, you may choose them because you know little or nothing about their field,
they may have chosen not to be in a field of interest to you, etc.). The final person cannot
be working in a legal field but must be in a career you would consider.

YOU MEAN WE HAVE, LIKE, TIME OFF? WORD!!!

No, you will be working and you will need the scheduling flexibility. This will take more
time than you think and your efforts and time will largely dictate what you get out of it.
Plus, it constitutes a large portion of your final grade.
The following is merely an example of how you could allocate your time, although all
tasks discussed are mandatory.

Day 1: Identify the above three people. Set up dates for interviews and for shadowing.
You must interview before shadowing and you must interview and shadow a candidate
on separate dates. NOTE: IF you have waited this late in the semester to begin this step,
you are likely to have SERIOUS problems.

Develop questions for your interview. You must include these topics at a minimum:
      1. Educational background.
              A. How did their undergraduate educations prepared them for this career?
                      1. This must include where they attended, their major(s), and any
                         applicable activities while an undergraduate.
              B. How law school prepared them for this career? (When applicable)
                      1. This must include where they attended, why they chose that
                         school, what it offered within their areas(s) of interest, and any
                         applicable activities while in law school.
                      2. If this person attended another form of graduate school please
                         ask the same questions specific to that institution and
                         educational experience(s).
              C. What did their educations not prepare them for?
              D. What outside of formal education and its opportunities interested them
                 in, or prepared them for, their current career?
      2. Career path
              A. Did they plan a specific career path?
              B. If so, how has that progressed?
              C. If they did not have a path, how did they end up in this career?
      3. What is a day in the life of a person in this occupation like?
      4. What are the most significant positives of this career?
      5. What are the most significant negatives of this career?
      6. How do they feel about their peers?
      7. How do they think the public perceives them and the job they do?
      8. How has this career and/or career path impacted their personal lives?
      9. What advice would they give someone who was interested in pursuing this
         career?
      10. What do they wish they would have known before or during law school that
          they know now?

Day 2: Interview candidate 1.

Day 3: Interview candidate 2.

Day 4: Interview candidate 3.

Day 5: Shadow candidate 1.

Day 6: Shadow candidate 2.
Day 7: Shadow candidate 3.

Day 8 on: Draft and revise.

12/13: DUE: Assignment 6 (by noon, in my office).

				
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