Monday, September 11, 2017
It’s been a potentially challenging time for many law students throughout the country. But, I am not necessarily talking about the challenges directly related to the study of law.
Yes. Case readings can be quite lengthy. There may be anxiety related to getting called on in class. And students may sometimes feel like there is not enough time in the day to complete everything that seems to be needed to be completed to succeed in law school. These are all potential challenges that our students may currently be experiencing. But, the last month or so may have seemingly added an entire new set of challenges to our students.
While many students have tried to remain engaged in their studies, events outside of the law school building may have continued to place additional burdens on them. Between Charlottesville, Hurricane Harvey, DACA, and Hurricane Irma, many of our students have had to face or worry about things that they would not have initially had on their radar going into the start of law school (no hurricane pun intended).
It’s difficult to stay motivated and engaged to read for class or write that LRW memo when you are worried about your safety and security or the safety and security of your families and friends. It’s hard to turn away from the news of devastation and despair when you are either living in that devastation and despair or know someone who is.
Law school is a challenging time for our students. And events outside of the law school building may have continued to place additional challenges on our students. It’s during these challenging times that it is especially important to have a friendly, supportive, and understanding ASP professional in the law school building. While we may not immediately have all or any of the answers related to some of these challenging events, we surely can welcome our students into our offices. We can sit down with them and actively listen to their stories. We can empathetically try to help them find some answers or refer them to those who may more appropriately serve them during these challenging and unfortunate times. (OJ Salinas)
Sunday, September 10, 2017
Yes, today is National Grandparents Day. I would not have known that fact except I am staring at my larger-than-life planner at work that proclaims the celebration below the date.
I grew up with only one living grandparent, my grandmother on my mother's side. That precious lady taught me much about integrity, hard work, forgiveness, and kindness. We were blessed to have her with us until she was 102 years young. I still miss her. Photographs of her on my bookshelf always bring a smile to my lips and warm memories.
Each year, we have a number of our law students lose a precious grandparent during the academic year. Some students are too far from home to be by the grandparent's side to say goodbye. Many are fortunate to travel home to be at a bedside. For some, their grandparents were in ill health for a long time. Others have had no warning prior to their deaths.
For some law students, that grandparent was the parent because of family circumstances. Many of our law students grew up with strong extended families living nearby. Small-town Texas often means that grandparents are next door or down the street. The ties are strong and lasting. The heart is deeply involved in that relationship.
Of course, the law school works administratively with each student in the individual circumstances when a student tells us of a grandparent's death: notifications to professors of absences, moved assignment deadlines, moved exams. In addition, if appropriate to the individual student circumstances, referrals for counseling are also made: university wellness center, grief counselors, pastoral counseling.
Because of our individual contacts with students, we as ASP'ers are often aware of the student's grief and its impact on their academics. A certain number of students reveal that a death in the family is one reason they have lost focus at critical points in the semester.
I am not a clinical psychologist. I know my limits and expertise. But I can be there for the student by listening and expressing that I care. I can understand the lack of focus, inability to organize well, and possible need to travel home for more frequent family support. I can help students find study strategies that realistically work to improve their academics while recognizing that their hearts may override their heads at times. I consider it a privilege to assist students through their studies while they process their grief.
On this National Grandparents Day, may we all take a few minutes to give our grandparents who are still with us a phone call or hug. May we all take a few minutes to remember the special memories about our grandparents who have left us. (Amy Jarmon)
Wednesday, September 6, 2017
“This is my last first day of school ever!” This statement sums up the comments made by many of my 3L students as they stopped by to say hello and told me about their summer adventures. They are so elated and their excitement is infectious. We reminisce about their journeys, how far they have come, all they have overcome, and their current achievements and growth. It is important to keep things in perspective so I remind them that they are equipped to face the next challenge that lies ahead; they made it this far.
“I never thought this day would come when I was a 1L and a 2L!” This also sums up statements made by my 3L students who struggled a little more than others throughout their law school career. This is usually a perfect point in time to remind them of how they overcame challenges they deemed insurmountable and felt defeated by the law school process but somehow persevered. Many of these students accessed opportunities, that on paper they did not qualify for, but they were afforded these opportunities through their work ethic and personality. I do not want them to forget challenges they have overcome because I know the bar exam lies ahead and I want them to conquer this seemingly impossible beast.
“I can’t wait until my picture is on your wall next year!” In February, I wrote about a “Wall of Inspiration” which is a display board filled with pictures from commencement and swearing-in ceremonies to inspire current students and remind them of why they are in the building. Most individuals who enter my office take some time to admire the pictures and comment, especially when they notice someone they know. I had no idea that it was a goal of my students to get their commencement and/or swearing-in pictures on my board. While I hoped that I would inspire them, I had no idea that I actually did.
While students expressed many positive things about their 3L year, they also expressed the fact that they are mentally checked-out, unmotivated, ready to be done, and simply over the law school experience. My most studious students have difficulty reading for classes and even attending classes. They do not want to own the fact that they have senioritis although everything seems to indicate it. I recognize the telltale sign of indifference that has overshadowed the usual excitement some of my students have for classes. Investment in established law school friendships has weaned and students are generally grumpy. I am concerned! However, I know that some students are burnt-out and exhausted from being in school, some for almost their entire lives. Also, the stress of finding a job, the anxiety of preparing for and taking the bar exam, and the realities of “adulting” for the first time weigh heavy on them. Therefore, I am working on how to actively re-energize and re-engage these students.
"I cannot fail the bar exam!" On the other extreme of the spectrum are 3Ls in panic mode. These students are excited and embrace the fast approaching end to their law school career but are equally terrified about the bar exam, to the point of paralysis. They are paranoid about failing the bar exam and adamant about starting to study for the bar exam now, forgetting vital things they need to accomplish prior to studying such as completing the bar application. Additionally, they are concerned with preserving their GPAs, finding a fulfilling job, and managing their finances. I encourage this group to develop a plan, take one thing at a time, and move forward.
Whether our 3Ls are checked-out or in a complete panic, our main goal is to bring them somewhere in the middle, remind them of what they must do and what they have yet to do, all while underscoring the fact that they still have time. (Goldie Pritchard)
Monday, September 4, 2017
We just completed our first week of school at Carolina Law. Like many law students throughout the country, our 1Ls experienced their first week of Socratic classes. They read and briefed their cases. They’ve been introduced to legal citations and the hierarchy of authority. They’ve taken advantage of the free lunches provided at the various student organization meetings.
After a week of law school, many 1Ls may wonder whether they will have enough time during the day to stay afloat. They may worry that they are spending way too much time reading their cases. And despite the large amount of time that they are devoting to reading their cases, they may mistakenly fear that they are the only ones in their classroom who are not able to fully follow the various hypotheticals that their professors ask in class. They may question whether they are fit for law school.
1Ls: If you are feeling this way, remember that law school is a marathon. There may be times during the year when you feel like you have to run a little faster than normal. But, the sprint for the finish line is really not until the end of the semester when you have to answer the final exam hypotheticals.
Consider a lot of what is happening during the semester as your training for that sprint. Yes. You might falter every now and then as you train. But, don’t get discouraged. Try to learn from the misstep, and fine-tune your next step so that you continue to progress. You are just starting to develop your critical thinking muscles. You are beginning to strengthen your ability to perform legal analysis. You are establishing a foundation of stamina that will help push you through the marathon—including the sprint to the end.
Like many athletes who start a new sport season, you are in a training camp right now. And this training camp is unlike any other training camp you have experienced before. Learning how to learn the law takes time. It takes practice. It takes repetition. Keep putting in the time, because the more you practice, the better you will get. But, make sure that you are active and engaged when you are reading and studying. You can’t passively learn the law; you have to be present and in the moment. And make sure to leave some time for you to do the kinds of things that make you “You.” Law school is a big part of who you are right now. But, it is not all of you.
You will find that it will take you less time to read and brief your cases in the next few weeks. You will find that your critical thinking skills will begin to improve. You will find that your ability to synthesize rules and apply those rules to different factual scenarios will become easier and, dare I say . . . fun!
Best of luck as you continue your training! And remember you have great ASP folks at your schools to help coach you and cheer you on! (OJ Salinas)
September 4, 2017 in Advice, Diversity Issues, Encouragement & Inspiration, Exams - Studying, Miscellany, Orientation, Reading, Sports, Stress & Anxiety, Study Tips - General | Permalink | Comments (0)
Wednesday, August 30, 2017
The first day and as a matter of fact, the first week of classes is typically a joyous occasion. Students stop by my office to say hello and some might even give me a hug. They are excited to tell me about all they did over the summer in their externships or jobs. They want to share information about the trips they took. They want to impress me with their summer academic achievements and life challenges and I am always thrilled to hear from them. The building was lifeless without the students and they are the very reason we are all here. I see beaming smiles on the faces of students I encounter in the hallways. I say “welcome back” to my returning students and “welcome” to the incoming 1L students who appear timid, yet in search of a friendly face and someone who can answer all of their questions. I am then reminded of why I do this work and reenergized for the semester.
The difficulty this year as compared to others is that students have more sad and challenging events to share which is very much out of the norm. Some students have had several deaths in their families, are facing health, familial, financial, and other challenges. Other students are concerned about family members impacted by recent natural disasters. Students are coping with the stress and fear of being unable to navigate the semester academically. I am not a counselor and my students know that I am not shy about reminding them to access the professional counseling services available on campus, yet I feel privileged that they are comfortable enough to share certain experiences with me. Non-academic experiences impact academic experiences and the sooner students can address these the better academic journey they can have. Life experiences make the students who they are as individuals and likely form their identity as lawyers. The information students share with me allows me to help them have perspective when they experience challenges throughout the academic year. Although this task is not listed in my job description, it is implied because engaging with students in this way helps build relationships with them and helps them achieve their academic goals.
Some might disagree and say this level of interaction goes beyond what one should do as an academic support professional. I would argue that we are in the business of building relationships to more effectively impact the academic success of our students. Having some information beyond their grade in a class, law school grade point average, LSAT, and/or undergraduate grade point average assists us as we determine the best approach for supporting students, the examples we might use or avoid, and strategies we might use with one student but not with another student. It also helps explain students’ attitudes about learning, engagement in their academic journey, and persistence to graduation. Based on my past experience, I found that for some students poor academic performance is related to financial inability to purchase books for classes, food, and /or appropriate attire for professional events which affected the student emotionally and mentally. If I cannot find some way of connecting on a human level with the students then I am ineffective when I challenge my students to challenge themselves and when I tell them that I believe they have the ability to overcome whatever challenge they have before them. Sometimes I am the only positive or encouraging voice they encounter in the building but they also know that I am honest and will call them out and redirect them when they are not moving in the right direction. I garner respect by telling them when I do not know a piece of information but suggest that we can strategically work through steps together and problem solve. I also make it my business to be aware of various resources on campus where students can find assistance with various non-academic challenges.
What happens to the helper though? As Academic Support Professionals, we go from student to student and from crisis to crisis. We are problem solvers all day long but what do we do to ensure that we are okay? Where, when, and with whom do we debrief? What does that look like? If we are a solo academic support person, do we have someone at work who we can check-in with? Do we have someone who understands what we do? Do we have a life outside of the building like we tell students to have? Do we have energizing things to do? Take care of yourselves Academic Support Professionals (Goldie Pritchard).
Monday, August 28, 2017
I have returned to some normalcy after the conclusion of our two pre-orientation programs.
Our Legal Education Advancement Program (“LEAP”) is a voluntary pre-orientation program available to every incoming 1L student at Carolina Law. Faculty members participating in LEAP help students transition to the study of law by introducing them to a variety of topics, including jurisprudence, case briefing, exam writing, and the Socratic class. We had 56 incoming 1Ls who chose to participate in our first LEAP session a week and a half ago. We had another 47 incoming 1Ls who chose to participate in our second LEAP session last week. The total was nearly half of our incoming 1L class!
I am sure many ASP folks will agree that it can be an interesting feeling running these pre-orientation programs: it’s weirdly both draining and energizing. You can feel really drained from the immense amount of work that goes into preparing for and delivering the program. Yet, you can also feel energized when a new set of students enters your law school building. You feel a certain thrill and special motivation knowing that you get to be a part of the start of the students’ successful transition into the study of law. You know that your students are going to do great things during and after law school, and you are lucky to help train them on this wonderful marathon. Seeing light bulbs start to go off in your students’ minds during your programming, and receiving positive responses from faculty, staff, students, and administrators are icing on the cake.
Like many of you, I had a great group of folks who helped out during our pre-orientation programs (many of whom I thanked and tweeted about @ojsalinas). I also appreciated how many faculty, staff, and administrators came out to meet and have lunch with our LEAP students.
Wishing everyone a great start to another academic year!
Thursday, August 24, 2017
There's a place amidst the mighty Sangre de Cristo Range of New Mexico where college students lead high school teens across the rugged mountains on 10-day backpacking trips.
As the backpacking guides race from their office to the meet their new crews hailing from around the nation (and the world too), the guides reach high to tap a sign as they exit the office door that reads simply:
I love that phrase.
It's not that the camp is about "changing" lives...but that individual guides reach up to signify their commitment to "change" lives today. The first is about others (i.e., the camp) having an impact on the backpackers. The second, in contrast, is about me individually making an impact on people that I am charged with serving.
As I thought about our work in ASP, I wonder if that might be a great motto for me. Why not install that sign above my office door? I could then tap it when I go to classes as a reminder of my purpose...in the present...to teach for the betterment of my students. And, I could reach out and touch it when I go to meetings. That might really make a big impact on my motivation. I could tag it when I meet with other faculty and staff as a reminder of my purpose to work among my colleagues as an ASP professional to change lives.
You see, it's often the little things that can make a mighty difference, like committing ourselves daily to be on the lookout for any and all opportunities to change the lives of our students for the better. So, today, feel free to reach high in a symbolic tap of the sign! (Scott Johns).
Wednesday, August 23, 2017
Last week, the hallways of our institution were bustling with incoming students, their family members, and returning students. It was the week prior to orientation and incoming students and their families were getting the lay of the land. The departments at our institution have an open-door policy so it is not unusual for individuals to wander in and strike up a conversation. What was very unique about this year was the unusually high number of parents I spoke with. My favorite conversation was with a parent who said that after speaking with my colleague and me, he felt: “we made the right decision.” We all laughed when his daughter made a face because he had previously said that he was uncomfortable with her moving this far away from their home state.
Orientation week is an exciting yet trying week for the academic support office. Some amazing things I get to do, include but are not limited to, introducing my office and the services offered, coordinating a few skills activities, and meeting new students. Other challenging aspects of this week include coordinating the logistics for teaching assistant training and programs, coordinating programming for returning students, trying to identify an office assistant for the year, and getting semester programming started. Each year, things neatly fall into place. I am convinced that I secretly anticipate the start of each new academic year because the presence of students energizes me and reminds me of the “why.”
Throughout orientation week, there are several opportunities to chat with students during coffee breaks and lunch. My primary question for incoming students this academic year focuses on how they feel about the decision they made to attend this law school. It is quite interesting to observe their body language while listening to the many justifications they offer in response. As the days progress and students meet other students, faculty, and staff, they seem to confirm their “why.” I also seize this opportunity to encourage students to reflect on and write down why they decided to come to law school, what their career and personal goals are, and what activities they look forward to during their law school experience. They can write this information in the form of a letter, checklist, or brief note. They can keep the writing and revisit it during trying times. They can also entrust it to someone who would mail it to them around mid-semester or remind them of their aspirations at key times of stress. As the semester progresses and students focus on getting through each day and each week, it is very easy to lose sight of the “why.” We often need to remember or be reminded of our optimism, aspirations, and positivity in the face of law school challenges and adversities (Goldie Pritchard).
Monday, August 14, 2017
Focusing When You’re Frustrated and, Potentially, Frightened: Some ASP Thoughts Following Charlottesville
Like many individuals throughout the country, I was saddened to see and hear what happened in Charlottesville, Virginia. I am not sure I have the words to describe my thoughts and feelings related to this weekend. Or, maybe, I do. But, they are likely not suitable for this blog.
I’ll try to focus the rest of this post on a topic related to law school academic success. Surely, this weekend’s events don’t relate to our students’ academic success. Right? It’s not like this weekend’s events could impact our students’ abilities to focus on their law school studies. Right?
Let me refocus.
Surely, I have other things that I should be thinking and worrying about . . . like, law school pre-orientation programs. I am running the first of our two voluntary pre-orientation programs for incoming 1Ls later this week. I will have worked with over 40% of our incoming 1L class before the start of orientation. These students are incoming 1Ls who have volunteered to participate in our Legal Education Advancement Program (“LEAP”). This program helps 1Ls transition to the study of law in a welcoming and supportive environment. Yet, these are also students who have likely been impacted in one way or another by the events in Charlottesville. After all, it doesn’t take much to see what happened on the news or to read something on the Internet. It doesn’t take much to see where the events took place and wonder whether a similar event could take place near you.
I am sure there are many other law school academic success professionals who should also have other things to be thinking and worrying about. They, too, may be getting reading for their pre-orientation programs. They, too, may be finalizing their syllabi, organizing conferences, and meeting with students. They, too, may be looking for ways to make the law school experience a positive and productive one for their students.
Surely, there are many things that should be preoccupying our minds. But, it’s often difficult to focus on what we should be focusing on when events like this weekend’s event in Virginia take place.
Surely, there are many things that our students should be thinking and worrying about as they prepare to start a new school year. For example, our 1Ls may be worrying about finding a place to stay, locating the bookstore, or figuring out how to brief a case. Our 2Ls and 3Ls may be finishing up summer work, finalizing resumes, or scheduling on-campus and callback interviews.
But, yes. It is difficult to focus on what we should and want to be focusing on when frustrating and, potentially, frightening events like the one in Charlottesville try to suck out all our energy, positivity, and goodwill. It is likely no different for our students—particularly our students of color. They may, similarly, find it difficult to focus on what they need and should be focusing on to be successful law students. Law school is hard. It is going to be even harder over the next few weeks.
Give your students some time to digest this weekend’s events. Be supportive and lend a listening ear. Yet, try to be realistic about the work that needs to be done in law school. If you find it difficult to engage students to change their approach to law school work because they are too worried or preoccupied with external events, like Charlottesville, you might try to reframe law school work in such a way that your students may be more motivated to read, study, and improve . . . to act.
For instance, despite my strong restlessness about this weekend’s events, I am going to try to attack this week’s pre-orientation program with vigor and hope—hope that the students that I will be working with will become successful lawyers who will help make this country a better place for all of us. Surely, that relates to law school academic success. (OJ Salinas)
Saturday, August 12, 2017
In my post yesterday on this topic, I covered three aspects important to 1Ls understanding the law school environment and succeeding in their studies: professional education, long-term memory, and active learning. This post considers two more aspects: comprehensive final exams in doctrinal courses and time management.
Comprehensive final exams in doctrinal courses. Most incoming students are used to courses that have multiple tests and assignments that make up the final grade. Each test or assignment covered a segment of the course. No course or assignment covered the entire material for the 15-week course. The non-cumulative nature of the tests and assignments encouraged students to learn the material in a compartmentalized fashion with no incentive to remember or understand the material in a more comprehensive manner.
Students have told me that professors often let them drop the lowest grade among the tests or assignments. If you didn't understand the content (or didn't bother studying enough), you would get rid of that low grade as if it never happened. Other students have told me that they could opt out of the final test for the semester if they exceeded a certain score for prior work or were happy with the grade they already had. And a few students told me that a good cry or tale of woe for the professor would always get them a grade change so that the preparation for a test or assignment wasn't crucial.
In legal education, many doctrinal courses (doctrinal examples: contracts, torts, constitutional law, criminal procedure) end with a comprehensive exam covering all 15 weeks of material - even if there have been practice exams or some writing assignments. Active learning and long-term memory (see Part 1 of this blog topic) are essential to the best grades on these exams. By actively learning the material during class preparation, class attendance, and note review, there is less effort required later. By striving for understanding and not just memorization through outlining and reviewing outlines, the depth of knowledge improves, awareness of nuances develops, and long-term memory is built. By applying the concepts in practice questions throughout the semester, law students can self-monitor their understanding and improve their test-taking skills.
Think of it in practical terms: we forget 80% of what we learn within 2 weeks if we do not review the material. If you wait too long to revisit material, you have massive amounts to relearn because it has become vague or completely forgotten. Students who wait until late in the semester to outline confide that they can no longer decipher their class notes or remember the context of sentences that meant something many weeks ago. The myth at my law school is that you begin to study for exams 6 weeks out. But that means a law student is trying to relearn 9 weeks of mostly forgotten material while trying to learn 6 weeks of new material at the same time. Exhausting and stressful to say the least!
The best plan: spread review and practice throughout the semester. By scheduling their outlining, reviewing of outlines, and practice questions throughout the semester, law students can have memory work for them rather than against them. Regular review means that 12 or 13 of the 15 weeks of the course can be ready for the exam before the end of classes! Only the newer material will have to be pulled together; the other already mastered material can be more generally reviewed and refreshed through additional practice questions. Being able to accomplish exam studying throughout the semester, leads us to the next aspect of law school.
Time management. We know from national data that diligent undergraduate students study a maximum of 19-20 hours per week; and most undergraduate students report studying far less - some less than 10 hours per week. Students filled all their free time with student organizations, sports, part-time work, social activities, social media, and other leisure aspects. Most students tell me that they wrote papers a day or two before the due date and studied for tests only a few days (or hours) unless it was a really hard course. Many students tell me that they had a weekly routine for student organization activities/meetings, exercise or intramurals, part-time work, and some social activities. Rarely did they have a routine study schedule; at most they had a calendar of due dates. They studied when they felt like it.
Law school requires students to master time management if they want to get the grades they have the potential to earn. A full-time law student needs to study 50-55 hours per week if the active learning, long-term memory, and regular review are to occur as well as thorough class preparation and completion of assignments. A part-time law student needs 35-40 hours per week for the same results usually. We know statistically that most new law students have probably never studied that much in their lives! If new students have worked full-time before law school, then they are used to 40 or more hours of employment each week.
New law students will need 2-3 weeks of settling in to law school before they can set up a regular routine for all tasks. They need to learn how to read and brief cases, develop an understanding of what their professors teaching styles and emphases are, learn the legal vocabulary, and begin to experience legal writing. But by the end of 2-3 weeks, it is time to set out a routine time management schedule to provide for class preparation, outlining, review, practice questions, and legal writing assignments. That schedule should also include sleep, meals, exercise, and down time.
The idea is to know when you will get things done rather than wondering what you should do next. We tend to fritter away time when we don't have structure. And today it is easier to fritter away massive amounts of time with electronic distractions! You can flip tasks up and down during the day as tasks take less or more time. But you try each day to complete your daily tasks. You can build in several blocks of undesignated study time during the week for unexpected study tasks or especially lengthy tasks that occur - this allows you to easily see where to move or add tasks to your schedule rather than panic. Realize that you will become more efficient and effective at all of your study tasks with practice and will likely be able to decrease time blocks in your schedule for some tasks or for a particular course.
Schedules will need tweaking; but with realistic time blocks and better organization of life tasks (errands, laundry, meal prep, etc.), it is possible to have a routine that works most weeks. So Tuesday during 3-5 p.m. you read for Civil Procedure; you go to bed at 11 p.m. and get up at 6 p.m.; you outline the week's contracts material on Friday 10-11 a.m.; you work on your legal writing assignment on Wednesday 1-3 p.m.; you go for a run Monday, Wednesday, Thursday 3-4 p.m. and then eat dinner 4-5 p.m.; you review part of your contracts outline 2-3:30 p.m. on Saturday; you complete practice questions for Torts on Sunday 3-4 p.m.; and so forth.
By structuring your weeks, you will feel less overwhelmed because you can literally see when you will get things done. By including appropriate times for sleep, meals, exercise, and down time, you gain school-work balance. By gaining expertise in time management while you are in law school, you will be able to carry that skill over to practice. Many new attorneys are stressed by the demands of practice if they are not skilled at time management already.
Once again I encourage you to use the academic support resources at your law school. If comprehensive final exams and time management are not part of your educational experiences already, ASP staff can assist you in learning strategies to prepare for final exams and assist in setting up a routine time management schedule. You can learn these new skills and strategies with the assistance available to you. (Amy Jarmon)
Friday, August 11, 2017
New law students can improve their adjustment to law school if they consider several aspects of their educational background, study habits, learning styles, and lifestyles before they enter law school. By being more intentional in considering these aspects, law students can be more aware of their strengths and preferences. They will be less shocked by some of the differences between legal education and prior education. They can be aware of changes they will need in their approach for a successful legal education.
Three aspects to consider are included in this post; a follow-up post will consider two more aspects.
A professional school education. Many undergraduates take a variety of courses which they perceive as merely fulfilling requirements and not useful in real life. Courses are frequently one-off content rather than building a foundation of concepts for future courses or life tasks. One may take the history of fine arts, calculus, or physics to fulfill general education requirements without any thought of needing the knowledge again - and often with the hope of never using the information again.
Some undergraduates choose majors based on whim, reputation for easy grades, or popular trends as a means to get the degree without any expectation of having a job in those fields. Education seems less important if it has no relevance to one's future. For example, a survey several years ago showed that engineering students preparing for a career path studied nearly twice as many more hours per week as their liberal arts counterparts.
Law school curricula contain courses that are designed to improve skills that lawyers need every day (critical reading, critical thinking, critical writing). Many 1Ls consider their legal research and writing courses the bane of their existence. Those skills are essential to success in the legal profession where research and writing are daily tasks. Also, law students who regularly skimp on reading and briefing for doctrinal classes, find they are ill-prepared for efficiently and effectively analysing hundreds of cases in practice. For some students, the first summer clerking position can be a nightmare and hopefully a wake-up call for more diligence.
In addition, many courses contain legal content that is foundational to the bar exam and basic legal knowledge for practice. Most law school curricula require a number of the courses that appear on the bar exam. For example, even though a 1L vehemently declares he will never practice criminal law, that content is going to show up on the bar exam. (I also know from experience that some corporate litigation CEO client will walk in and want you to talk intelligently about what to expect after his son's drug arrest even though you obviously will refer him to a criminal defense colleague.)
The importance of long-term memory. Working memory (previously called short-term memory) is premised on the fact that the information is only needed for a short period: until the presentation is over, until the test ends, until the paper is handed in, until the course ends. After the deadline, concepts and information are immediately forgotten. The educational trash can is filled to the brim. Cramming promotes this short memory span because the brain is expected to retain the information for a use-by-date close at hand. There is no intention to retain the knowledge for reuse. The grade, and not the future, matters.
Long-term memory builds a foundation of concepts and information that are reinforced and applied over a period of time. Law school, the bar exam, and legal practice all go more smoothly with a focus on long-term memory. Briefing cases, note-taking, reviewing class notes, outlining, reviewing outlines, and applying the information to new scenarios throughout the semester build long-term memory. Long-term memory is like a filing cabinet of organized and readily accessible information in your brain.
When a third-year course refers to concepts from first-year contracts, law-term memory allows the concepts to come back with little or no review. When one's summer clerkship assignment focuses on a search-and-seizure issue, the concepts from criminal procedure are there as a base of knowledge on which to begin. When the bar exam course rapidly covers dozens of courses in six-eight weeks, long-term memory promotes review of those courses rather than the total re-learning of massive amounts of material that was lost if only working memory was used.
In practice a lawyer depends on long-term memory for building expertise in specialty areas of law. Lawyers want to recall similar client facts, prior cases read, statutory language, and more. Although they will constantly update their knowledge and research new twists on prior issues, they depend on a depth of knowledge and understanding of the law to gain competence and confidence. Even remembering the basics from law school courses can save time in interviewing a client or researching.
Active learning as a way of life. Active learning requires engagement on the part of the learner and self-monitoring. An active learner in law school does more than read the large number of cases to say that the assignment is done. The active learner asks questions while reading the cases, considers how the cases are similar and different, relates the legal concepts to the subtopic and topic, and considers how those legal concepts would be used in different scenarios. The active learner has thought about the material and tried to synthesize the different cases before going to class.
Although law professors will go over the cases at least somewhat in class, they will not tell the students everything they need to know. They will expect law students to prepare well and understand the basics from the cases and consider inter-relationships among cases. The class discussion will often focus on more nuanced concepts, policy arguments, and application of concepts to new scenarios. Professors may use the Socratic Method of questioning to get students to think about these aspects that springboard off of the cases. Professors may throw out hypothetical facts to get students to consider twists on facts and how the law will (or won't) apply. Students are asked to argue both sides of the scenario for plaintiff and defendant.
Memorization of the black letter law is important; however, it is only a beginning. Law students need to continue to review the legal concepts and inter-relate them to better understand how the law applies to the topics and subtopics through outlining. They need to actively engage in applying the concepts to new fact scenarios through practice questions so they know how to use the law to solve legal problems.
Passive learning promotes little engagement with the material and an attitude of just doing the assignment rather than critically thinking about the material. It is this type of learning that many students tell me they have most often experienced in prior educational experiences. The textbooks laid out the concepts without any need to think about them or ferret them out of the text. One just needed to read and memorize what the texts said. The professors often lectured to tell them exactly what they needed to know for the tests. Knowledge was clearly laid out to be learned in a rote way in many courses. The A grades went to those who could spout the most dates, facts, definitions, etc.
Some students relate that even in courses where they had to discuss themes or apply concepts across works of various authors, they were often expected to espouse the professor's stated views rather than apply the themes or concepts more critically or innovatively. If creativity was allowed, then some tell me that everything written was accepted as good ideas without having to carefully support arguments or consider counter-arguments.
These law school aspects of professional education, long-term memory, and active learning may be alien to some law students. As a result students might initially make learning choices that will cause them to falter. They will approach legal learning with strategies that worked in prior education but do not work in law school. They will not see each course as building skills and knowledge needed to pass the bar and become a competent professional. They will approach class preparation as a passive task to be completed rather than an active learning exercise. They will become frustrated by the law school classroom because professors do not tell them what they need to know for an A grade and instead expect them to make leaps in thinking through questions and hypotheticals they do not understand. They will mistakenly believe that a good grade will be produced by cramming and mere memorization of the law because that worked in the past.
If you are a new 1L student, consider what your background has been like in past education. If any of these aspects of legal education are different from your prior education, the good news is that there are academic support professionals who can show you new strategies tailored to learning in law school. You can succeed and not just survive in the different learning environment. Seek out the ASP resources available at your law school. (Amy Jarmon)
Monday, July 31, 2017
I wrote in last week’s post of my trip to the Association of Legal Writing Directors (ALWD) conference in Minnesota. The conference theme focused on diversity and inclusion, which we know will also be the focus of our upcoming Association of Academic Support Educators (AASE) conference in October.
My colleague, Alexa Chew, and I lead a discussion at ALWD on ways to make law schools more welcoming for everyone. We spoke about our experiences participating on our Diversity and Inclusion Task Force at UNC Law. We spoke about how allowing students to share their stories and listening to their stories can create more awareness and understanding of the diversity and inclusion problems that may be wounding your law school.
Alexa and I wrote a blog post in advance of our ALWD presentation in Jennifer Romig’s Listen Like a Lawyer blog. We wrote that most of us working at law schools want a more diverse and inclusive environment. However, many folks working in our law schools are often unaware of what our students are experiencing during their law school tenure. So, schools get into a situation where they are trying to fix or work on a "problem" that they have not identified or know little about--or worse, that they may be inadvertently contributing to.
Alexa and I provided a few suggestions that could help more folks “get in the know.” The suggestions are relatively simple and inexpensive, but they may still have a huge impact on how students feel when they walk through the doors of your law schools. I suspect many of you in the ASP world are likely already doing many of the suggestions quite well! Keep it up!!! And encourage others in your law school to follow your lead!
Thursday, July 27, 2017
For those of you that just tackled the bar exam this week, here's a few words of congratulations and a couple of tips as you wait for results from this summer's bar exam.
First, let me speak to you straight from the heart!
Bravo! Magnificent! Herculean!
Those are just some of the words that come to mind…words that you should be rightly speaking to yourself…because…they are true of you to the core!
But, for most of us right now, we just don’t quite feel super-human about the bar exam. Such accolades of self-talk are, frankly, just difficult to do. Rather, most of us just feel relief – plain and simple relief – that the bar exam is finally over and we have somehow survived.
That’s because very few of us, upon completion of the bar exam, feel like we have passed the bar exam. Most of us just don’t know. So now, the long “waiting” period begins with results not due out for most of us for a number of months.
So, here’s the conundrum about the “waiting” period:
Lot’s of well-meaning people will tell you that you have nothing to worry about; that they are sure that you passed the bar exam; and that the bar exam wasn’t that hard…really.
Not that hard?
You know that I passed?
There’s nothing for me to worry about?
Let me give you a concrete real life example. Like you, I took the bar exam. And, like most of you, I had no idea at all whether I passed the bar exam. I was just so glad that it was finally over.
But all of my friends, my legal employer (a judge), my former law professors, and my family kept telling me that I had absolutely nothing to be worried about; that I passed the bar exam; that I worked hard; that they knew that I could do it.
But, they didn’t know something secret about my bar exam. They didn’t know about my lunch on the first day of the bar exam.
At the risk of revealing a closely held secret, my first day of the bar exam actually started out on the right foot, so to speak. I was on time for the exam. In fact, I got to the convention center early enough that I got a prime parking spot. Moreover, in preparation for my next big break (lunch), I had already cased out the nearest handy-dandy fast food restaurants for grabbing a quick bite to eat before the afternoon portion of the bar exam so that I would not miss the start of the afternoon session of the bar exam.
So, when lunch came, I was so excited to eat that I went straight to Burger King. I really wanted that “crown,” perhaps because I really didn’t understand many of the essay problems from the morning exam. But as I approached Burger King, the line was far out of the door. Impossibly out of the door. And, it didn’t get any better at McDonalds next door. I then faced the same conundrum at Wendy’s and then at Taco Bell.
Finally, I had to face up to cold hard facts. I could either eat lunch or I could take the afternoon portion of the bar exam. But, I couldn’t do both. The lines were just too long. So, I was about to give up - as I had exhausted all of the local fast food outlets surrounding the convention center - when I luckily caught a glimpse of a possible solution to both lunch and making it back to the bar exam in time for the afternoon session – a liquor store. There was no line. Not a soul. I had the place to myself. So, I ran into the liquor store to grab my bar exam lunch: two Snicker’s bars. With plenty of time to now spare, I then leisurely made my way back to the bar exam on time for the start of the afternoon session.
But, here’s the rub:
All of my friends and family members (and even the judge that I was clerking for throughout the waiting period) were adamant that I had passed the bar exam. They just knew it!
But, they didn’t know that I ate lunch at the liquor store.
So when several months later the bar results were publicly available on the Internet, I went to work for my judge wondering what the judge might do when the truth came out – that I didn’t pass the bar exam because I didn’t pack a lunch to eat at the bar exam.
To be honest, I was completely stick to my stomach. But, I was stuck; I was at work and everyone believed in me. Then, later that morning while still at my work computer, the results came out. My heart raced, but my name just didn’t seem to be listed at all. No Scott Johns. And then, I realized that my official attorney name begins with William. I was looking at the wrong section of the Johns and Johnsons. My name was there! I had passed! I never told the judge my secret about my “snicker bar” lunch. I was just plain relieved that the bar exam “wait” was finally over.
That’s the problem with all of the helpful advice from our friends, employers, law professors, and family members during this waiting period. For all of us (or at least most of us), there was something unusual that happened during our bar exam. It didn’t seem to go perfectly. Quite frankly, we just don’t know if we indeed passed the bar exam.
So, here’s a few suggestions for your time right now with your friends, employers, law professors, and family members.
1. First, just let them know how you are feeling. Be open and frank. Share your thoughts with them along with your hopes and fears.
2. Second, give them a hearty thank you for all of their enriching support, encouragement, and steadfast faithfulness that they have shared with you as walked your way through law school and through this week’s bar exam. Perhaps send them a personal notecard. Or, make a quick phone call of thanks. Or send a snap chat of thankful appreciation. Regardless of your particular method of communication, reach out to let them know out of the bottom of your heart that their support has been invaluable to you. That’s a great way to spend your time as you wait - over the course of the next several months - for the bar exam results.
3. Finally, celebrate yourself, your achievement, and your true grit....by taking time out - right now - to appreciate the momentous accomplishment of undertaking a legal education, graduating from law school, and tackling your bar exam. You've done something great, and, more importantly, something mightily significant. (Scott Johns).
Monday, July 24, 2017
This last week, I attended and participated in a diversity and inclusion conference hosted by the Association of Legal Writing Directors (ALWD) in Minneapolis, Minnesota. The three-day conference was engaging and timely. And it included a thought provoking and informative plenary presentation on stereotype threat and implicit bias by fellow-ASPer, Russell McClain. Having seen Russell present before at various ASP conferences, I knew he would be a charming and enlightening presenter—and he certainly was! Congratulations, Russell! I know the ALWD attendees were impressed by your interactive presentation, and I am sure many of them will be reaching out to you in the future for additional ways to address stereotype threat and implicit bias.
I plan to write some more about the ALWD conference and its theme “Acknowledging Lines: Talking About What Unites and Divides Us” at a later date. But, for now, I wanted to spend a little time talking about what is likely on the minds of most academic success professionals and all the recent law school graduates—the bar exam.
Exam takers: We all know you have been working hard, and we believe in you. The next few days will be beyond tough and tiring. But, you have trained your mind and body for it.
Yes. You will likely second-guess yourself. Yes. You will likely face questions that you might not feel good about. But, you are also going to see and work with a lot of information that you do understand and have encountered many times during your bar preparation. Trust yourself. Read the questions carefully. Organize your essays. And don’t let those few questions that you might not know the answers to bring you down. You don’t need to get that A+ to pass. If you spend too much time focusing on the information that you don’t know or can’t remember, you may not leave yourself enough time or energy to show the bar graders what you do know. And you do know. A lot.
A few more things . . . remember to breathe and it’ll be over soon.
We look forward to welcoming you into the profession. (OJ Salinas)
Monday, July 17, 2017
The New York Times recently published “The Lawyer, The Addict”—a very compelling article about a tragic event. The story describes the death of an influential Silicon Valley attorney. The interplay between (1) addiction, stress, and mental health and (2) law school and the legal profession is referenced in an honest and, for many, eye-opening manner. The article has rightfully generated much discussion on the Internet, including a fascinating conversation on my colleague Rachel Gurvich’s Twitter feed. If you are looking for further insight about the article from a variety of faculty, practitioners, and students, I encourage you to check out Rachel's Twitter feed (@RachelGurvich). Much of the conversation can be found here.
There are many interesting points one can focus on from the NYT article. Perhaps, I’ll explore some other points in the future in the blog. For now, I’ll focus today’s blog on two points: (1) Larry Krieger’s work on subjective well-being; and (2) how hard it is for students to acknowledge that they may be suffering from a problem.
- Larry Krieger’s Work on Subjective Well-Being.
The NYT article interviewed Professor Larry Krieger and referenced his work "What Makes Lawyers Happy". As many of you know, Krieger’s work was an empirical study on “attorney emotional health” and “subjective well-being.” Part of Krieger’s findings and recommendations focused on shifting the definition of “success” for law students away from extrinsic rewards, like grades, journals, and high-paying jobs to more personal and intrinsic values and motivations.
I remember Larry Krieger's work was one of the first things that Ruth McKinney discussed with me when I arrived at UNC. Since her retirement, we have tried to continue to incorporate the message of Krieger’s work into our pre-orientation program for incoming 1Ls. We try to remind our students to remember the intrinsic reasons why they decided to come to law school—particularly during those times when they may feel overwhelmed, defeated, or unworthy. We also try to remind our students that “success” can mean many different things to different people and that there are many ways to “succeed” in law school. We often talk about these topics while disclosing some of our personal struggles and experiences from law school. This personal disclosure often helps build a foundation where we are better able to assist with the problem discussed in part two below.
- Acknowledging a Problem is often a Problem.
For those of us who work closely with students, the article’s story on how law school and the legal profession can change you—physically and mentally—is not a surprising tale. We know that the combination of stress, anxiety, and the competition for external rewards can create a very challenging and intimidating environment for our students. The environment can feel crushing and insurmountable when you add difficult finances, family issues, health concerns, implicit bias, or stereotype threat to the mix.
It is not uncommon for academic success folks to work with students who are facing some significant non-academic issues that impact their academic performance. But, these non-academic issues are often not easily identifiable. Let’s try to remember that it is often difficult for our students to acknowledge to themselves that they may be going through a very problematic time. Like anyone, they have pride. They have all been successful undergrads or had elite careers prior to law school. They don’t want to think of themselves as “failures” or “unworthy” of being a law student.
Since our students don’t want to think of themselves as “failures” or “unworthy” of being a law student, they will likely hesitate before seeking help because they don’t want others to see them as “failures” or “unworthy” of being a law student (and the mental health questions on the bar exam applications don't help either, but that's a topic for another day [if you are interested, my former colleague, Katie Rose Guest Pryal has a great piece here]).
Disclosing some personal vulnerability to someone else is an added challenge to an already stressful time in our students' lives. Think about it: if it’s hard for you to acknowledge some potential weakness or flaw to yourself, do you think it will be easier for you to acknowledge that weakness or flaw to someone else? Now think about that someone else as a law professor or administrator. I know; it’s pretty scary. That’s why we, as academic support professionals (and others who work closely with law students), should try to practice good active listening skills and remain nonjudgmental, empathetic, and encouraging when we work with our students. It’s a difficult job. But, we are lucky to be able to do it. (OJ Salinas)
Thursday, July 13, 2017
With a big hat tip to one of our bar takers this summer, here's a website -- The Visual Law Library -- that has some cool colorful cartoons to help brighten up your daily memorization studies.
On the website, cartoonist and attorney Margaret Hagan has created cartoons for the following subjects that are tested on most bar exams: Civil Procedure, Con Law, Contracts, Corporations, Criminal Law, Evidence, Family Law, Property Law, and Torts.
It's a rich resource to allow you to "see" some of the major rules in a colorful way. So, feel free to take a break by scoping out a few cartoons that might help you better remember some of the major rules for upcoming bar exam. (Scott Johns).
Monday, July 10, 2017
We are just a few weeks away from the bar exam. And for many students studying for the bar, that means questions. No. I don’t mean the hundreds, if not thousands, of MBE questions that the students have taken and, perhaps, retaken. And I don’t mean questions on any practice exams. I mean questions running through our students’ heads: questions of doubt, commitment, and normalcy.
Most students studying for the bar have had to live in somewhat of a “Bar Exam Prep Bubble” for the last few months. They celebrated law school graduation in May. But, it wasn’t really a full-on celebration because they knew there was still something more to do. It’s something huge and overwhelming. And it’s something that dictates one’s true entrance into the legal profession.
The bar exam is huge and overwhelming and, in many respects, it does dictate one’s true entrance into the legal profession. This monumental exam has a way of playing mind games with our students—especially at this point in the bar prep season.
We are at a point in the bar prep season where students will start second-guessing themselves. Will I pass? Have I really done all that I should have done over the last few months? What if I freak out and can’t remember anything? Why have I put myself through this?
Despite all the work that our students have put into preparing for the exam, they will think they still have more work to do. Despite the objective results that their bar companies provide to them of their performance so far in the bar prep season, they will wonder and worry about how well they will perform on the ‘big day(s).’
As we prepare ourselves for the last few weeks of bar prep season, let’s remember that anxiety and doubt are normal for this big event. But, they don’t equal failure. Anxiety and doubt don’t mean that our students are unable to succeed. And they don’t mean that our students have not put in the necessary work to succeed.
If we get an anxious and doubting student in our offices, let’s remember our anxieties and doubts about our bar exams. Let’s remember how we may have felt overwhelmed with the amount of material. And let’s remember that we, and every other licensed attorney out there, passed the exam.
The bar exam is challenging. But, it is doable. We are all proof that it is doable. With the right frame of mind and support from family, friends, and ASP professionals, we were all able to overcome the mind games. Our students can, too. (OJ Salinas)
Thursday, July 6, 2017
Straight from a recent law graduate and licensed attorney Sarah Myers, here's some exciting news that you can "sing" about as you prepare for your bar exam this summer. But first, a bit of background....
Ms. Myers serves as the clinical director of the Colorado Lawyer's Assistance Program, a confidential program for law students and practitioners alike implemented by the Colorado Supreme Court. As the clinical director, Ms. Myers successful passed the bar exam in February 2016, holds a master's degree in somatic counseling education, and is a licensed marriage and family therapist and a licensed addiction counselor.
In other words, Ms. Myers knows all about the stress and strains of life, particularly in relationship to the study of law and preparing for the bar exam.
So, Ms. Myers put together a very handy survey of the research on the surprising benefits of music -- benefits that you can put to good use this summer as you prepare for the bar exam.
To cut to the chase, here's key language from Ms. Myer's summary:
"Research shows that the many benefits of listening to music, playing an instrument, dancing, or singing include:
Improved visual & verbal skills;
Increased endorphins that improve mood;
Improved cardiovascular system, including strengthening the heart, decreasing blood
pressure, and reducing pulse rates;
Better sleep patterns and more restful sleep;
Boosted immune system and reduced levels of the stress hormone cortisol;
Reduction in anxiety and overall stress;
Improved sound-processing ability, improved hearing.
Increased levels of oxytocin, resulting in reduced pain and improved mood;
Improved memory across lifespan; and
Increased serotonin levels that reduce depression."
So, take heart and lift up your voices, your instruments, and your heels and start singing, humming, whistling, jamming, and just overall having fun making music. And, the best music to make is that which is made with others. So, why not get a group jam session going, especially this week, to help you start getting the benefits of music within your life. And, if you just can't help yourself by taking a singing break, don't worry. You can always just make up a song or two for some of your most difficult bar exam rules. That way you'll reduce your stress and learn something valuable too! (Scott Johns)
Monday, July 3, 2017
We are less than a month away from the bar exam. Law graduates throughout the country have been working long hours trying to digest a huge amount of information. They try to stay focused and positive so that they can overcome this enormous hurdle that is only offered twice a year. But what happens when unexpected life events happen that impact a student’s focus and positivity? What happens when our students face a rough patch of water as they are sailing through their bar preparation?
I was on a vacation with my family in the Outer Banks of North Carolina a few weeks ago. After six years of living in North Carolina, we still had not made it out to this beautiful and most Eastern part of the state. The beaches, food, and lighthouses were all great. Here's a pic of one of the lighthouses:
So, we were at a seafood restaurant getting ready to drive back to Chapel Hill after a wonderful time in the Outer Banks. I was about to pay our bill when I got a short and unexpected text message. A close family member had been in a car accident.
Many of us have likely received similar messages. You feel like you should do something, but you are so far away that you cannot do much. So, you try calling family members. But, no one answers. The text message did not include much detail. So, you call again. You text. And you wait. And the anxiety and the unknown take over until someone responds to your text or answers your phone call. And you hope so mightily that the response or phone call is a positive one.
Fortunately, despite a pretty scary car accident, no one was seriously hurt. My family member, who took the brunt of the accident, was able to thankfully walk away. Thoughts start circulating through your head. Soreness and bruises will subside. Vehicles can be repaired or replaced. Life is precious.
Things soon began to settle down as best they could. But, as many folks have likely experienced, it was difficult not to think about how things could have been worse. This got me thinking about what our students experience if a similar, or even worse, unexpected life event happens while they are preparing for the bar exam. How do we help them? Can we help them?
The answers to these questions are difficult, and they should be. Law school and passing the bar exam are large parts of our students’ lives. But, they are not the only parts of our students’ lives. How a student deals with an unexpected life event obviously depends on what this life event is. It may also depend on what type of support system this student has in place or can put into place. It may also depend on how much time a student has left to prepare—physically and mentally—for the exam, and whether or not the student wishes to try to persevere through this life event or wait until the next test date for the bar exam.
As academic success professionals, we know that we are likely part of the support system for our students. We know that we can offer a listening ear to our students and refer our students to additional resources when needed. Our listening ears are particularly helpful and appreciated during difficult times for our students. Sometimes, just talking about a challenge can be therapeutic and provide some assistance. We can also try to empathize and understand what our students may be going through. And we can, in a nonjudgmental way, try to have honest conversations with our students about their goals, bar preparation, and ability to maintain focus and some positivity.
Bar prep companies often place some extra time in their planning calendars for our students. But, this extra time may or may not be enough for our students. Are they on schedule with the suggested bar preparation calendar? How are their practice results so far? Can they afford another several months before they are licensed attorneys? How are they simply feeling right now? And how do they think they will be feeling in a week or two?
These are all questions that we might have with any of our students. These questions become even more significant for students who have experienced some unexpected life event. I lost some focus and positivity during that short time that I was unable to find out what was happening with my family member. As we enter the last stretch of bar preparation, let’s try to remember that unexpected life events often happen, and we may need to be there to help our students plan and persevere. (OJ Salinas)
Thursday, June 29, 2017
With just under a month to go for many bar takers (and after numerous weeks of intensive studying), let's face the facts:
We are plain downright exhausted. And, we should be. But, given what seems like the insurmountable pressures to learn so much material for the bar exam, it just seems like we can't let up with our daily grinding regiment of bar studies. There's no time for a day off. There's too much to learn.
However, let me offer you a way to "let up" so that you can feel mighty good about taking a real day off. A whole day. A day of rest and relaxation to boot. In fact, please feel free to live it up. And, there's no better time to take a day off from your studies than on a national day of celebration - this upcoming July 4th holiday.
I find that Independence Day is one of the best days of the year to see bar exam problems in living color.
That box of fireworks bought at a big top tent stand. That was procured through negotiation by you (or one of your friends) of a UCC contract for the sale of goods (and the seller most certainly had a secured transaction agreement in order to bring the goods to sale to your area).
That box of fireworks that didn't work as advertised. Well, that might just blossom into a breach of contracts claim or even a tort claim for misrepresentation.
That box of fireworks that were lit off in the city limits. In most cities, that's a strict liability crime, plain and simple.
You see, even when we take a day off from studies, we live in a world of bar exam problems. In fact, we are surrounded by bar exam problems because the bar exam tests legal situations that are constantly arising among us. So, it's a good thing to get our heads of the books occasionally to see what's happening around.
That means that you can completely feel free to relax and celebrate on this upcoming national holiday. Take the day off - the whole day off! Go have some fun! Celebrate...because even while taking a day off you will still be learning lots about the law from just living in the world. You can't help yourself but to see legal problems everywhere...because...you have be trained as a professional problem-solving attorney.
So, rest assured that in the midsts of your celebrations you'll be learning helpful legal principles that you can bank on preparation for success on your upcoming bar exam. And, as a bonus, you'll get some mighty needed rest to recharge your heart and mind too! So, enjoy your day off; you've earned it! (Scott Johns).