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...
Apr 23, 2019•16 min•Ep. 62
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...
Apr 16, 2019•15 min•Ep. 61
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...
Apr 11, 2019•40 min•Ep. 60
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 Rob...
Apr 09, 2019•32 min•Ep. 59
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 graduat...
Apr 02, 2019•18 min•Ep. 58
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 p...
Mar 26, 2019•26 min•Ep. 57
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 cate...
Mar 19, 2019•27 min•Ep. 56
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. Mo...
Mar 12, 2019•36 min•Ep. 55
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 info...
Mar 05, 2019•26 min•Ep. 54
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 ...
Feb 26, 2019•29 min•Ep. 53
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.
Feb 19, 2019•41 min•Ep. 52
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...
Feb 12, 2019•40 min•Ep. 51
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
Feb 05, 2019•34 min•Ep. 50
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...
Feb 02, 2019•27 min•Ep. 49
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!
Jan 29, 2019•32 min•Ep. 48
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 sur...
Jan 22, 2019•36 min•Ep. 47
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 w...
Jan 15, 2019•22 min•Ep. 46
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/...
Jan 08, 2019•21 min•Ep. 45
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!
Dec 18, 2018•33 min•Ep. 44
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.
Dec 04, 2018•12 min•Ep. 43
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!
Nov 28, 2018•27 min•Ep. 42
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 ...
Nov 27, 2018•31 min•Ep. 41
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.
Nov 20, 2018•22 min•Ep. 40
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.
Nov 13, 2018•27 min•Ep. 39
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 ...
Nov 13, 2018•30 min•Ep. 38
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 Stude...
Nov 06, 2018•20 min•Ep. 37
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; distri...
Oct 30, 2018•26 min•Ep. 36
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.
Oct 23, 2018•12 min•Ep. 35
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.
Oct 09, 2018•30 min•Ep. 34
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!!
Oct 02, 2018•25 min•Ep. 33
