BUS 475: Law, Lawyers, and Legal Education Professor: Brad Reich Office: Mc108B Email: email@example.com 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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