The Writ

Plotting Your Law School Career

2006-10-02T10:29:00.000-04:00

A method many students find helpful in approaching scheduling classes after the first two semesters when all classes are assigned, is to balance the load. Particularly in third semester, when Constitutional Law and Evidence are consuming students live, tacking on Business Associations and Wills and Trusts can be a lethal combination for those with grade point averages on the razor's edge.

From the third semester on, it is time to look at classes with an entirely new approach to learning such as Guardianship, Juvenile Law, Mediation, or Drafting Contracts. They aren't "easy" courses, but they are manageable when it comes to the time needed to prepare for them and do well.

There is a temptation to ram through all required classes as soon as possible and then attempt to fill up the last semesters with whatever else is out there. As all too many former students can attest, a breakneck speed is not the best way to achieve lasting success. While some fortunate few can accomplish this, most cannot.

Consider using summer classes to add to your credits and taking a lighter credit load during the most difficult classes so that you can focus your efforts on intensely complex subjects such as Constitutional Law, Business Associations, and Wills and Trusts. Use classes in Landlord Tenant law to learn necessary bar subjects while giving yourself a break from wildly complex and time consuming classes.

Keep an eye to the bar. Family Law is tested. Juvenile Law is not. However, Family Law and Juvenile Law dovetail in many respects so taking a semester with family law, juvenile law and Massachusetts Family Law Practice/Clinic along with Motions means that virtualy everything interacts with everything else and you get an extra bang for your study "buck."

Clinics and Judicial Internships are critical to making contacts in the legal community. Planning for employment after school is not to be sneezed at. A judicial internship will put you in touch with the court system and possibly enter into the world of legal work in that way. Clinics introduce you to attorneys in Juvenile law, Famly law, and the diverse placements of general clinics.

Prefer business to domestic relations? Then consider Business Associations, Drafting Contracts, Bankruptcy, and other related classes at the the same time.

Consider taking Wills and Trusts with Guardianship as the classes dovetail on some issues and conveyancing works in nicely since lawyers dealing with wills, trusts, and guardianship issues must often handle sales of land. Family Law also shares many of the same subjects.

Play to your strengths. If you're an accountant and love it, find all the business related classes you can and use them as a base to build a good grade point average by exploiting your knowledge base.

One student took both conveyancing classes at the same time and learned the theory as well as the practice simultaneously.

Nothing will make law school easy. It is arguably the most difficult professional degree with the possible exception of medicine. Students are already studying hard, now students need to learn to study smart.

Indefensible

2006-09-24T09:59:00.000-04:00

By Kendra Cooper, 3L

David Feige spoke Wednesday in MSL's Old Courtroom about his experiences as a public defender in the Bronx. For over fifteen years, Feige represented defendants who ran the gamut--from homicides to petty theft and shoplifting. His book, "Indefensible," describes one day in his life, replete with colorful detail of the wide range of clients he encountered.

Before he entertained questions from the audience, Feige read a passage from his book in which he explains how it is that innocent people plead guilty. He describes defendants desperate to escape a tormenting legal system that is designed to wear people down. As a seemingly interminable time passes, spanning months or years, clients wait to clear their names. Sometimes these defendants are incarcerated for the duration, or free on bail they and their families could least afford. These clients miss work, often losing their jobs, while little progress is made on their cases. Over time, the fight for one's innocence takes on a grey hue, truth no longer a black and white issue, as the financial and emotional toll on the client and family increases, and the process drags on.

Feige describes one client who, in frustration, jumped over a subway turnstile when its mechanism accepted his payment but refused to allow him to pass. Transit police arrested the hapless soul, charging him with larceny. After a year of multiple, time-consuming court appearances, the client pleaded guilty...just to get out of the legal morass.

Feige urged MSL students to seriously consider starting their careers in public defense, before students become enamored with or dependant upon higher incomes found in other areas of law practice. While public defender salaries do not rival those of some private firms, Feige believes the rewards are great.

No longer a NY public defender, Feige writes and occasionally appears as an expert on Court TV. Even if public defense is not on your radar screen, "Indefensible" is a must read for a realistic perspective on the legal system. Two thumbs up!

(Lest anyone think the problems Feige describes are only found in New York, go Monday mornings to the Middlesex District Courthouse in Cambridge and listen to the motley array of arraignments. Just change the names, to protect the guilty...and the innocent.)

MSL's 2006 Fall BBQ

2006-09-01T13:22:00.000-04:00

MSL's 2006 Fall BBQ -enjoying the event

2006-09-01T13:21:00.001-04:00

MSL's 2006 Fall BBQ

2006-09-01T13:21:00.000-04:00

MSL 2006 Fall BBQ - food, fun & friends

2006-09-01T13:19:00.001-04:00

MSL 2006 Fall BBQ - setting up for the event

2006-09-01T13:19:00.000-04:00

Fall 2006 BBQ's chefs

2006-09-01T13:18:00.000-04:00

MSL 2006 Fall BBQ

2006-09-01T13:15:00.000-04:00

Helping Set up for the MSL BBQ

2006-09-01T13:13:00.000-04:00

By 3 p.m. students were outside, setting up the tables and preparing for the onslaught of hungry fellow-students at the annual MSL fall BBQ.

Welcome 1L's

2006-08-21T04:10:00.000-04:00

Welcome New Students!

Every semester a hundred or so of the cream of the crop walk through the hallowed doors of MSLaw to dissapear into the FOG of law school, reappearing now and then during the first year to hollar "HELP!" before drifting off again, rowing like mad for the far shore.

This semester new students are up against Civil Procedure and Property, Criminal Law and Writing for Lawyers. The Professors will all tell you not to use study guides and canned briefs and they mean well. Certainly, NEVER bring a study guide to class. Canned briefs, if used to the exclusion of doing your own work will set you up to do poorly in analyzing fact patterns on tests. However, if you read the case, make your brief and then consult a canned brief to see if you missed something they are a valuable asset to your learning process. There are many canned briefs on 4lawschool.com - use them wisely. They are NOT a substitute for study - abuse them at your own risk.

Probably the most popular study guides are Emanuel Law Outlines and Barbri. Emanuel is far and away the least expensive. You can get them on Amazon.com or eBay for about $30 each new and a lot less used. Barbri will have a table at the school soon where you can peruse the wares. It is a more expensive commitment, but worth it if you plan on taking Barbri for upper class subjects, the MPRE, and/or bar review. There is no reason not to use both in your first year except that it takes time to read both.

This writer's personal preference as a 1L was Emanuel Law Outlines to learn the black letter law. Black letter law is everything - you can't learn to apply it unless you know it. By mid-term you should know your black letter law backwards and forwards and you won't learn it from casebooks.

Wait, there's more...1L's need to learn how to write exams like a lawyer, using lawyerly thinking and analysis. That means clearing one's calendar (and missing work if need be) to attend Professor Sullivan's Examsmanship Classes. They are an absolutely vital first step. You'll want to attend them BOTH semesters of first year as she helps teach examsmanship in the subjects 1L's take both semesters.

This writer supplemented that with Legal Essay Exam Writing System available through LEEWS.com. Eschew the seminar in Boston and get the CDS and book so you can listen to them in the car, along with the other CDS on your black letter law subjects.

I can hear the cry now. "When do I have time to do all this?" Didn't you notice that sign over the door of the school? The one that says "Abandon all free time ye who enter here." Oh, maybe it is invisible to 1L's. We 3L's sometimes forget.

So welcome, 1L's. And 2L's, we're glad to see you back. You've noticed there are fewer of you than when you started and that's to be expected. You're facing a challenging semester of Constitutional Law and Evidence, but hard work and good study aids will help you see your way through. Obviously, a few of us made it to 3L status and are on our way through comp, so it can be done.

The Editor

MSL Graduation 2006

2006-06-06T15:40:00.000-04:00

There's the stage before the big event. Before long the speakers will wax eloquent and the graduates will celebrate a long anticipated event.

Karen Wayne

2006-06-06T15:39:00.000-04:00

Karen Wayne is absolutely radiant, as a graduate who is waiting to be sworn into the Massachusetts Bar should be.

There are bonds that last a lifetime

2006-06-06T15:37:00.000-04:00

Graduating from law school is almost like going through boot camp and coming out the other side. We form bonds that last a lifetime.

These are the days

2006-06-06T15:36:00.000-04:00

We'll always remember these days and our friends...

Graduation Pals

2006-06-06T15:35:00.000-04:00

Associate Dean Michael Coyne posing with graduate Dan Harayda

The Graduates of 2006

2006-06-04T00:47:00.000-04:00

Michael Abodeely, B.S., Providence College

Charlene M. Alfonso, B.S., Merrimack College

Jennifer L. Andrade, B.A., Westfield State College

Winifred F. Annis, B.S., Excelsior College

Kenneth R. Bagnall, B.S., Northeastern University

Michael Sean Baird, B.S., Bridgewater State College

Miss Kizzie Barker, B.A., State University of New York at Geneseo

Jennifer Joy Barrelle, B.A., University of Massachusetts, Amherst

Donna L. Bennett, B.S., Boston Univeristy, M.S., Southern New Hampshire University

Rohit Bhasin, B.S., Villa Julie College

Camille Ann-Marie Birch, B.A., McGill University

John Paul Bosse, B.S., Providence College

Alexander Michael Botros, B.S., St. John's University, Ph.D., Cairo University

Douglas Robert Bowles, B.S., Salem State College

Robert Burton, B.A., State University of New York at Stony Brook

Michelle Theresa Butler, B.S., Franklin Pierce College

Erika Castillo, B.A., University of Massachusetts, Amherst

Rebecca S. Christie, B.S., Clarior State University

Deirdre Madeline Clegg, B.S., University of Massachusetts, Lowell

Anita Coll, M.S., Cabridge College

Brad T. Collins, B.A., University of New Hampshire

Timothy James Connors, B.S., Springfield College

James William Corcoran, III, B.L.S., Boston University

Martin Corona, B.A., Massachusetts College of Liberal Arts

Andrew John Couture, B.A., Fitchburg State College

Helen Coy, B.S., Northeastern University

Daniel F. Curtis, B.S., Salem State College

Krista A. Davis, B.A., Rivier College

Christian Delaney, B.A., Chapman University

Karolyn Melissa Domini, B.A., Pine Manor College

Insup Dong, B.S., Hangyang Unversity, M.S., Hangyang University, M.I.P., Franklin Pierce Law Center

Kathleen M. Driscoll, Magna Cum Laude, B.A., Stonehill College

Michelle L. Evans, Magna Cum Laude, B.A., University of Southern Maine

Eugene L. Flynn, II, B.A., University of Massachusetts, Amhurst

Joseph A. Foistner, II, B.S., Southern New Hampshire University

John F. Foley, III, B.S., Plymouth State College

Lamya A. Forghany, B.S., Alfred University

John Joseph Galante, Jr., B.S., University of Massachusetts, Lowell, M.S., Tufts University

Christopher Shawn Geehan, B.S., Fitchberg State College

Joseph P. Geiger, Jr., B.A., The Thomas More College of Liberal Arts

Jason J. Giguere, B.S., University of Massachusetts, Lowell

Bellamin E. Gomez, B.A., Lasell College

Zoila Gomez, B.A., University of Massachusetts, Lowell

Connie Gourgoumis, A.S., Suffolk University

Lisa M. Gregson, B.S., Lesley College

Jason B. Brosky, B.A., University of Massachusetts, Amherst

Dawn Michelle Habib, B.S., Hesser College

Daniel Harayda, B.S., University of Southern Connecticut, M.S., University of Southern Connecticut

Carolan Kiely Hardy, B.S., Salem State College, M.S., Salem State College

Papken S. Hartunian, B.S., Sharif University of Technology

Craig Nielsen Hartwell, B.S., Northeastern University

Joseph Edward Helzer, B.A., The Thomas More College of Liberal Arts

Maureen D. Higham, B.A., University of New Hampshire

Kathryn Ann Hitchcock, B.A., University of Massachusetts, Amherst, M.S.W., Simmons College

Peregrine Honeychurch-Hood, A.L.B.. Harvard University

Edwin Rafael Jerez, B.S., Hesser College

Gary G. Kalajian, Cum Laude, B.S., Northeastern University, M.B.A., Bentley College

Maja Maria Kazmierczak, B.S., Elmira College

Jean Maria Kilham, B.A., University of New Hampshire

Yeon J. Kim, B.S., University of Massachusetts, Lowell, M.A., University of Massachusetts, Lowell

Timothy King, B.S., Western New England College

Alina Koziakov, B.S., Boston University

Jennifer Marie Kunsch, Cum Laude, B.S. University of South Carolina, M.S. University of South Carolina

Susan M. Landry, B.A., Framingham State College

Ginny Tomasini Lane, B.S., Boston State College, M.S., Boston State College

Marc L. Lapalnte, A.B., Assumption College

Daniel J. LaRovere, B.S., Suffolk University

Sylvan A. Lashley, B.Ed., Northern Carribean University, MA., Andrews University, Ed. D., Andrews University, M.B.A., Andrews University

Yuri Levintoff, B.S., Saint Petersburt State Technical University

Nina S. Lewin, Magan Cum Laude, A.B., Colgate University

Sharyn Giardi Lubas, B.S., Westfield State College

Brianna Lungo, B.S., Endicott, College

Jed Mahoney B.S., Westfield State College

Mary Lou Riga Maraganis, B.S., Univeristy of Delaware

Peter T. Marano, B.S. Anna Maria College

George Charles Maroun, Jr. B.S., Northeastern University

Scott M. Martin, B.S., Bridgewater State College

Cara Joan Martinoli , B.A., Seattle University

Nancy G. Matza, B.S., Lesley College, M.S. Boston University

Robert M. McCarthy, B.S., Suffolk University, M.P.A., Suffolk University

Jane Elizabeth McGowan, B.A., Worcester State College

Kely McManus, B.A., Boston College

Corde McSorley, B.A., University of Massachusetts, Boston

Patrick Mead, B.A., University of New Hampshire, M.B.A., Southern New Hampshire University

Manuel Ronald Mendes, B.S., University of Denver

Joshua Novak Mesmer, B.A., University of New Hampshire

Henry C. Metz, B.S., Boston University

Christipher Michael Mohan, B.A., Unversity of New Hampshire

Erius MonPremier, B.A., University of Massachusetts, Boston

Raymond E. Morgan, Jr., B.S., University of Massachusetts, Amherst

Charles P. Morley, B.S., Northland College, M.B.A., Eastern Illinois University

Pamela L. Mulligan, B.S., University of Massachusetts, Lowell

Catherine J. Murphy, B.A., Regis College

Thomas Brian Murphy, B.A., St. Anselm College

Amy L. Nadeau-Justin, B.S., Hesser College

Tharshini Nakeswaran, B.A., University of Massachusetts, Boston

Michael A. Noble, Cum Laude, B.S., University of Massachusetts, Lowell, M.S., Western New England Collge

Heath Norris, B.A., University of North Carolina

Kenneth R. Ormes, M.S., Antioch New England Graduate School

Charles Anderson Pace, B.G.S., Chaminade University, M.A., Webster University

Beth M. Padellaro, B.S., Newbury College

Arlene Parquette, Magna Cum Laude, B.S., Westchester State College

Barbara L. Pathak, Cum Laude, B.S., Arizona State University, M.D., University of Nebraska Medical Center.

Vincenzo Salvatore Pesce, Jr. A.B., Bowdoin College

Carron Lamar Pinkins, B.A., Wayne State University

Jasmin Polanco, B.A., George Washington University

Manuel F. Rabbitt, B.S., Bentley College, M.B.A., Babson College

Victoria M. Raineri, B.S., Bentley College

Galina Rakityanskaya, B.S., St. Petersburg State University, M.S., St. Petersburg State University

Elise Concetta Reynolds, B.S., Northeastern University

Maura F. Richards, B.S., Newbury College

Kindia Roman, B.S., University of Massachusetts, Lowell

Jennifer M. Romeo-Porcaro, B.A., Worcester State College

Peter A. Rosetti, Jr., B.S., Northeastern University, M.S., Benley College

Alan Kinsley Russell, II, B.A., Framingham State College

Jennifer Ryan, B.S., University of New Hampshire

Yolla Sabounji, B.S., University of Massachusetts, Lowell

Barbara Joyce Santiano, B.S., University of Massachusetts, Dartmouth, M.S., Anna Maria College

Anna Shapiro, B.A., University of Massachusetts, Amherst, M.B.A., Northeastern University

Thomas C. Schamberg, B.S., Middle Tennessee State University

Eric M. Schlapak B.A., Bates College, M.Ed., Lesley College

Michael Philip Sheridan, B.A., Fitchburg, State College

Ellen C. Shimer-Brenes, B.S., University of Massachusetts, Lowell, M.A., University of Massachusetts, Lowell

Leon Siegler, B.L., London School of Ecnomics, LLM., London School of Economics, Ph.D., London School of Economics

William A. Simmons, B.A., Northeastern University

Robert Smith, B.A., University of Massachusetts, Amherst,

John R. Splendore, Cum Laude, B.S., Bridgewater State College

Eddy Staco, B.S. University of Massachusetts, Boston

Marilyn M. Stelly-Gendron, B.A., Loyola Universtiy, B.S.N., University of Massachusetts, Lowell, M.S. University of Masachusetts, Lowell

Mark C. Thomas, B.S., Springfield College

Daniel Maurice Tremblay, B.S., University of Massachusetts, Lowell, M.B.A., Anna Maria College

Thomas E. Walker, Jr., B.S. Liberty University

Lucas M. Watson, B.A. Eastern Connecticut State University

Karen J. Wayne, B.S., Emmanuel College

Jacqueline C. Whyte, Cum Laude, B.A., Duquesne University, M.S., Simmonns College

Krista Ann Wilshusen, B.A., Marymount College, M.S., Simmons College

Juliette Mellita Willoughby, M.S.W., B.S., Atlantic Union College, M.S.W., Boston University

Patricia Wright, B.A., University of Massachusetts, Boston

Jana Anne Sanni, B.A., Suffolk Universtiy

The Audience

2006-06-03T13:22:00.000-04:00

Family and friends begin filling up the Collins Performing Art Center. Those who valued their eardrums sat in the back rows to avoid the blasting sound from the speakers on the stage. The graduates sat inbetween the speakers. Those interested in photoshoots sat in the front rows and looked a great deal like the old advertisement for Maxell recording tape, with their hair blowing back from the sound.

It is NEVER too late to talk on the cell phone

2006-06-03T13:19:00.000-04:00

It is never too late to call a family member or friend on the cell, even while in line to get one's class picture taken.

Waiting for the class photo

2006-06-03T13:17:00.000-04:00

In the not too distant future this class's professional photo will join those of all the other alum on the walls of MSL. New students will stand before it and read off the names of those who have gone before and wonder...will I soon join them as attorneys?

Back to the wall, facing life bodly

2006-06-03T13:15:00.000-04:00

Lamya Forgany may have her back to the wall, but she's facing life boldly with a smile on her face. Her mother and grandmother joined her in her celebration of her J.D. today.

Carolan Kiely Hardy

2006-06-03T13:10:00.000-04:00

Carolan in line with friends and collegues on graduation day. This is her second advanced degree.

Pomp and Circumstance

2006-06-03T00:18:00.000-04:00

Then it starts. The brass band announces the entrance of the graduates in brass tones and MSL office staff lead the rows down. The audience rises in rapt attention as their friends and family process in and stand at assigned places. Camera's flash and photographers struggle to get that clear shot. All too soon the moment is over and the graduates are seated.

Juliette sings the blues...

2006-06-03T00:13:00.000-04:00

But, not today. Today she's a flashy cranberry bird whose wings can spread wide and pull us all in to her genuine warmth of spirit.

A Sea of Graduates in Cranberry

2006-06-03T00:07:00.000-04:00

Its almost time. There are students on the risers getting class photos taken. There is an excitement in the air. The time is close now.

Jana Anne Zanni

2006-06-03T00:03:00.000-04:00

Diplomatic daughter, dynamic woman, going to be a stellar lawyer. Everything she's wanted these three years has culminated here tonight. There's nothing to do now but celebrate well spent time and appreciate these hours of farewell and welcome.

Jane McGowan

2006-06-02T23:54:00.000-04:00

Jane on her big night with one of her sons, ever-so-proud of his Mom and very rightly so.

Jana and Vinnie

2006-06-02T23:51:00.000-04:00

MSL's favorite couple, graduating together. It is long past time for a picture of them together to show their kids and grandkids someday...when Mom and Dad graduated from M.S.L. and got their big start in the world.

Ellen Rice

2006-06-02T23:47:00.000-04:00

Ellen is on hand to meet and greet family and friends of graduates, handing out programs describing the evening. She's graceful and gracious.

Tom Schamberg

2006-06-02T23:45:00.000-04:00

Tom with no robe, nothing but happiness to be here tonight. Later we'll see him cranberry clad and walking with his peers. This moment he is himself, with friends, and the joy in his smile says, "No more school!"

Dr. Sylvan Lashley

2006-06-02T23:43:00.000-04:00

Sylvan stands ready to receive yet another degree. He has so many already. Now he has achieved this last one in law. Will there be more? Who knows, but today he gets his J.D. to add to his M.A., Ed.D. and M.B.A. When does this man sleep? After justice is met, then he'll sleep

John and Jason

2006-06-02T23:40:00.000-04:00

Two more grads waiting in the hallway, marking time and hanging loose. John and Jason have been classmates from the first class - civil proceedure. Now they are friends, together, one last time before becoming alumni.

Dan Haryada on Graduation Eve

2006-06-02T23:38:00.000-04:00

Dan's all wrapped up in his cranberry gown with black sleeve stripes and he's ready - so ready - for the commencement to begin. Dan's working at MSL now as the new webmaster. Life is good - comp is over - he has a job.

Graduation - June 2, 2006 - 3 p.m.

2006-06-02T23:34:00.000-04:00

The beginning...

The rain cleared not long before students, faculty, family and friends began arriving at the Collins Center in Andover, Massachusetts for the 17th commencement exercise of the Massachusetts School of Law. Boasting a class of 144 this year, the school designed new commencement gowns of cranberry with black stripes and vivid purple tassels swinging from mortar boards.

At first mostly students swirled through the halls, some wearing robes, some carrying them. The excitement built as fellow graduates began arriving and family members and friends began swirling into the mix. The flash of cameras captured the delighted smiles of graduates and one graduate announced that a website had been set up to host photos for all.

It's been a long road from the time the Massachusetts Board of Regent's authorized Massachusetts School of Law to grant legal degrees. Today is the seventeenth commencement exercise of the "little school that could..." and did. One hundred fourty-four students will walk across the auditorium this afternoon to the cheers of family and friends and recieve the dream of a lifetime...a Juris Doctorate.

Walking down a memory trail

Four years ago this reporter and most of the people who will be graduating tonight first met in "orientation" which is another word for "total confusion mixed with a healthy dose of terror." Some of us left after that week. More of us were gone after the first semester. By the time the end of the second semester rolled around it was downright spooky. Smoke, mirrors and missing friends. Those of us left kept plodding. One foot in front of the other. Some full time, some part time. One hundred fourty-four made it to this point today. Some of us need a few more credits, but we'll be in the next exercise.

Some brilliant stars flamed out along the way. Some of the ones here today keept their lights, flaming softly and steadily, beneath bushel baskets, but they made it through. It is the end and the beginning, the conclusion of long years of study and the opening of the door into the wider world of the legal profession.

MSL's Extreme Sport

2006-05-24T12:15:00.000-04:00

by Jackie Whyte, MSL Alum 2006

I can always tell when the semester is drawing to a close because I see a lot of yellow. Highlighter yellow. Every casebook, every rule book, every study guide I own has been marked from here to eternity with lines and lines of yellow. And as usual, these months of endless marking have taken their toll on me: yesterday, I eyed the newspaper with a burning desire to highlight it!

What’s worse, I can’t seem to put the darn highlighter down. I’m like King Midas with the golden touch. Literally. I scratch my nose and it turns yellow. I shake someone’s hand and it turns yellow too. Bad highlighter! Bad, bad!

Highlighter manufacturers obviously don’t know much about law students. Otherwise, these little yellow demons would come with a warning label: “OVERUSE OF THIS PRODUCT MAY RESULT IN AN UNNATURAL ATTACHMENT BETWEEN PEN AND USER.”

Not that it would matter. Seems MSL students have turned highlighting into an extreme sport. We get an adrenaline rush from seeing our assigned cases drenched in color. In this sport, coverage is what counts. When every page of a case has been liberally streaked with yellow, I call it fully “Midasized.” That, however, is a misnomer. King Midas and his celebrated touch would pale in comparison to the ground covered by one industrious law student in a single semester.

I’ve even seen students pushing the envelope, employing a veritable pallet of highlighter colors. Pink to emphasize the facts, orange the judicial history, blue the issues, green the holding. Now I must admit, colored case law does look pretty. Yet I can’t help wondering if these students weren’t somehow “marker-deprived” in childhood.

As another year of neurotic “Midasizing” begins to wane, I’m frankly exhausted. It’s time to dislodge this appendage from my hand. Of course, I’ll probably suffer the usual withdrawal symptoms, like needing to run a finger over every line of my summer reading. I realize this makes me look barely literate to my fellow beach-goers, yet it’s the price I pay for my little yellow addiction. Hey, it’s gotta be better than sporting a yellow nose!

With graduation also looming, I’m anxious to list the rest of my casebooks on a “sell your stuff” website. When I do, they’ll join my surplus box of highlighters. That’s right, I’ve put my unused golden wands up for sale. My clever ad copy guarantees they’ll bestow the Midas touch!

Overreaching, you say? I hardly think so. Had that old king touched upon our realm, he would’ve found himself a rank amateur.

The WRIT congratulates Jackie Whyte for surviving comp. Her humor will be missed as she leaves our hallowed halls.

Work-Life Balance Resources

2006-05-23T18:40:00.000-04:00

Nationally published writer and college instructor Ursula Furi-Perry sounds off about work-life balance, legal issues, parenting, and topics of interest to women. http://furiperry.blogspot.com

by Ursula Furi-Perry, 3L

If you're like me, you're mildly petrified of entering the legal field.

The fear isn't due to stories of cut-throat competition or warnings about cold-hearted lawyers and judges. Rather, it's rumors of eighty-hour work weeks and the thought of eating three meals a day at the office (sans my kids and husband) that have me worried. I don't have to tell you that the law has long been regarded as a profession incompatible with family life, personal life, or simply having a life.

But experts at the Project for Attorney Retention say positive changes are taking place at law firms all over the country. Through flexible work arrangements like compressed work weeks and job sharing, law firms are taking note of employees' longing for better balance--not to mention the yearly flock of attorneys leaving the legal field in search of something else. Some firms have even hired specialists whose job is to make sure their attorneys are afforded plenty of work-life balance.

And as firms begin to recognize the value of employees who have balanced lives, they hope for better retention rates among their attorneys. The consensus seems to be that change is coming, albeit more slowly than many would like to see.

As we try to balance work, family and studying for finals, take a break to browse through the following links, all of which mean to inspire change for better work-life balance in the legal field:

http://www.jdbliss.com/

http://www.pardc.org/

http://legalsanity.com

http://lawyerslifecoach.com/

http://www.thecompletelawyer.com/

http://www.abanet.org/careercounsel/enhance.html

Westlaw Advanced Certification Offered

2006-03-30T13:28:00.000-05:00

Advanced Westlaw Certification Training will be offered in the main computer lab during the following dates and times in April:

Tuesday, April 4th - Case Law Certification
Thursday, April 13th - Statutory Certification
Thursday, April 20th - Secondary Sources Certification
All classes held at 11am, 4:30pm, and 6pm

Certification teaches techniques needed to tackle legal research as a Westlaw power user. Each class has a short, multiple-choice quiz that you take to get Certified.

Class sizes are limited, so sign up at the reserve desk in the library.

Torts Claims Between Spouses

2006-03-16T17:57:00.000-05:00

Dump truck driver Curtis Gokey hit his own car while driving for the city of Lodi, California. He subsequently filed a $3,600 damage claim against the city for the accident, even after admitting the collision was his fault.

City of Lodi denied the claim, stating he was suing himself.

After the dismissal of his claim his wife, Rhonda, filed a larger claim against the city. The city again denied the claim saying it was without merit because a wife cannot sue her husband for negligence.

This brings up the issue of Respondeat Superior and whether Curtis Gokey was acting within the scope of his employment at the time of the accident. If so, the question is then, why is the city not responsible for the action of an employee as it would be if he'd hit another party - such as the mayor of Lodi.

http://abcnews.go.com/US/WaterCooler/wireStory?id=1731950

Time Is of the Essence: Time Management Tips for Student-Parents

2006-03-13T10:35:00.000-05:00

By Ursula Furi-Perry, 3L

Your homework’s waiting patiently. Your children are not. Of course, by the time you finish feeding, bathing, tutoring, singing and reading to your whole family, you’re too tired to do schoolwork. Who has the time to go to school and parent?

Balancing your education and parenting responsibilities is a tough task, especially if full- or part-time work is added to the mix. Donald Wetmore, J.D., MBA knows the experience first-hand: he attended law school and business school simultaneously, all the while running his own business and raising his small children. “I learned quickly that there’s little correlation between the quality of time spent on different aspects of one’s life and the output received,” says Wetmore, now President of the Productivity Institute in Stratford, Connecticut. “I learned that success doesn’t have to mean spending more time.”

In fact, the key is to use available time effectively. “A few high quality minutes one-on-one with the kids at bedtime can make up for many low quality minutes in the same room with them,” says Peter “The Time Man” Turla, time management expert and author. Consider using “down-time” to boost your productivity: chat with your kids while making dinner, study while doing laundry, make business calls in-between classes, and take a nap during your commute (provided you’re not driving, of course!) Both Turla and Wetmore believe that speed-reading saves hours on reading assignments, and Turla recommends recording class lectures, then downloading them into your computer to save time on note taking.

You may also buy extra time by delegating some tasks. “Buying groceries and cleaning the house may be necessary tasks, but you don’t necessarily have to do them yourself,” Wetmore says. “Hire a college associate, a ‘gofer’ to do menial tasks for you.” While your assistant mows the lawn, you’ll be able to study for your exams. If money is tight, consider a compromise. For example, trade off grocery shopping with a friend—one week, you’ll take her list and shop for both households; the next week, you’ll have the extra time to study. Form a babysitting coop in your neighborhood, alternating weekly and allowing all participants to have an afternoon without the kids. When all else fails, ask for help—family and friends may be more receptive to helping out than you think!

Plan ahead when possible. “All time management methods require a little structure and discipline,” Turla says. Keep track of your school assignments, work-related deadlines, and any family events and activities you’ll attend. Have at least two calendars: a weekly calendar to track your everyday activities and a semester-based calendar to keep track of the big picture. “Block out the big, important stuff first and see how much time you have left over for the rest of your priorities,” Turla recommends.

Watch for signs of burnout. “One cause of academic failure is lack of time and energy,” says Wetmore. Lack of time, rest and sleep can quickly add up to physical, mental and emotional burnout. That will not only set you up for failure, it may have other detrimental effects, like causing fights with your loved ones and alienating you from friends and coworkers. One good rule of thumb is to ask those you trust to keep an eye on your well-being. “If people around you are feeling your burnout, chances are, you need to [take it easy,]” Wetmore recommends.

Try to maintain balance. “There are seven vital areas which need to be balanced in our lives,” Wetmore says. “They include health, family, and finances, as well as the intellectual, social, spiritual and professional components.” How you balance those areas, and any others you may deem important, is up to you. “Balance is not a constant state,” Turla says. “Look at balance as a series of investments. Some days you overdraw your bank account, and other days you put extra money into it. Look at long term trends to make sure you ultimately aren't going broke.” While you may not spend an equal amount of time on each area every day, it’s important to allocate some time to each. “If any one of these is out of whack, it will interfere with the others,” Wetmore warns. “For example, health problems due to lack of sleep may cause lack of productivity at work and school, as well as lack of enjoyment of one’s family and social life.”

Keep the rewards in mind. “There’s no intrinsic reward to anything you do unless it is important to you and gets you where you want to be,” says Wetmore. “Think ahead to the last day of your life—in each of the seven vital areas, where do you end up?” Think of life as a book, Wetmore explains: every day, you’re writing the story of your life and adding a new page. Consider what you’d like to accomplish in order to end up with a balanced, healthy, successful, and joyful book.

Say goodbye to perfection. “If something is worth doing, it's often better to do it poorly than not at all,” Turla says. “Instead of demanding time management perfection from yourself, simply demand progress.” Perhaps you didn’t get everything done on your list yesterday, but you certainly continue to add to your list of accomplishments every day. Let that progress propel you through the tough experience of being a student-parent despite having little time on your hands!

BIO: Ursula Furi-Perry is a nationally published freelance writer and adjunct college instructor. She attends the Massachusetts School of Law and is mommy to a toddler son and an infant son. She can be reached at furiperry@verizon.net .

This article was previously published in Empowered, a magazine for young parents.

iPod Nano Contest at MSL

2006-03-07T16:17:00.000-05:00

Westlaw is conducting a new contest at MSL with an iPod Nano as a prize. Since we're competing only within our own student body the chances are better than being struck by lightning that any one student will walk away with a new Nano.

Students can get bingo-style cards in the lab from MSL Student Reps Peter Cotch and Susan Costa or during Westlaw training sessions with Academic Manager Mark Jackson. Do up to 16 assigned projects and get a stamp on the card. Each stamp is one chance to win an iPod Nano.

Students research all the time. Playing a game is a way to lighten things up and ... hey, maybe win a Nano.

The Nano is going to find a new home with an MSL student on April 24th. The question to ask now is: Who will the winner be?

MSL Podcasts

2006-03-05T16:22:00.000-05:00

MSL has joined the world of podcasting.

Each podcast will feature issues important to not only those in the legal profession, but also students and members of the public at large.

Today there are two podcasts available for download - Success Without Victory and In the Interest of Justice. Both are Books of Our Timesinterviews of authors conducted by Dean Lawrence Velvel and both are presently at mslaw.libsyn.com.

Future casts will include such diverse subjects as a press conference with Abraham Lincoln from old courtroom at MSL and panel discussions on topics ranging from time management to the future of social security.

The podcast has been submitted to iTunes and will soon be available for download there and on other podcasting aggregators. The older programs will be available on an archive site soon to be announced.

Students who are required to come in to the school and listen to videos of MSL educational programs will soon be able to download the podcast of that show to their mp3 player or computer and listen to them at home.

Additionally, the school is having text transcripts created which will be available to those who would rather read than listen.

MSL is stepping boldy into the future, making the school's educational resources available in many forms which can be watched, listened to or read around the world.

MSL's Trial Advocacy Team takes Bronze in Thurgood Marshall Mock Trial Competition

2006-02-28T15:21:00.000-05:00

Last week Massachusetts School of Law’s Trial Advocacy Team competed in the Northeast Regional matches of the National Black Law Students Thurgood Marshall Mock Trial Competition in Albany, New York.

The 33 member schools in the Northeast Region of NBLSA constitute every law school in New England, New Jersey and New York. About half of the eligible law schools sent teams to the competition, including teams from the preeminent trial advocacy programs of St. Johns University Law School and Pace University Law School.

MSL’s team was the buzz of the competition. MSL’s team was called Team XJ, and was a force from the outset. Under the rules, the competing team members are not allowed to disclose their names or the names of their schools. MSL’s first trial performance was a very strong effort against what MSL later determined was the St. John’s University team, coached by the head of St. John’s nationally ranked trial advocacy program, Professor Victoria L. Brown-Douglas. MSL’s team displayed professionalism, poise and a commanding courtroom presence in eliminating this team from competing in the later rounds of the tournament.

MSL’s advocates in that trial were Dane Dowell and Lucas Watson. Dowell began the trial with a strong and impassioned opening and Watson closed with what the judge described as a “tremendous closing and a first rate performance.”

The next trial saw Nastajha Douglas present an incredible opening statement, setting the tone for the trial. The team’s performance stayed on this high level through Daniel Crawling Bear Harayda’s dramatic rebuttal to the Defendant’s closing argument. Harayda’s rebuttal was described by one courtroom observer as one of the finest rebuttals had ever heard in any courtroom and even his opponents lauded that advocacy piece. That trial finished after 11:00 p.m. and concluded the preliminary part of the competition. Only 8 teams would advance to the quarterfinals.

Early the next morning MSL’s team was ecstatic to learn it had advanced to the quarterfinals. Also advancing to the quarterfinals were the nationally ranked programs of Pace University Law School and St. John’s University Law School, as well as teams from Syracuse University Law School, New York Law School, New York University Law School and The University of Connecticut Law School.

MSL’s team faced a strong team in the quarterfinals and the advocates, Dane Dowell and Lucas Watson, and witnesses, Nastajha Douglas and Daniel Crawling Bear Harayda, were remarkable, demonstrating terrific professionalism and teamwork.

Many of the judge’s and tournament officials commented upon the team’s professionalism, performance and team work throughout the many trials of the tournament. MSL’s strong performance over what it later learned was the team from New York Law School advanced it to the semifinals, where it faced the ultimate winner of the competition, St. John’s University Law School. The teams went toe to toe throughout the match and courtroom observers believed from the judges’ comments that the match would be decided by a virtual coin flip -- it was that even a performance.

MSL’s Trial Advocacy team was comprised of Nastajha Douglas, Dean Douglas, Dane Dowell, Daniel Crawling Bear Harayda and Lucas Watson and was coached by Associate Dean Michael L. Coyne and Attorney Joseph Filippetti. MSL’s team finished 3rd in the regional competition after competing against some of the finest trial advocacy programs in the United States.

Associate Dean Coyne stated, "Is a personal note, I cannot tell you how proud I am of the team, their attorney coach, Joseph Filippetti, and MSL alumnus Gregory Joy." Greg served as a judge for our trials in preparation of MSL’s appearance at the competition.

On multiple nights during the week and every Sunday morning for the last two months, the team met to review strategy, prepare their opening statements, closing arguments and examination of witnesses. On many occasions, they tried the case, raising objections and competing against one another fiercely but professionally at all times.

The team embodied MSL’s work ethic and demonstrated the fruits of that hard work and MSL’s educational program. The faculty, students and alumni should be very proud of their team’s performance at NBLSA’s Thurgood Marshall Mock Trial Competition.

Unsafe at any volume?

2006-02-03T13:31:00.000-05:00

Will the Product Liability suit stating iPods are defective because they can cause hearing loss succeed?

It has been well documented that listening to loud music at rock concerts can result in hearing loss. It is even suggested now, that promoters hand out ear plugs to attendees in order to reduce liabilty for hearing loss. This isn't a new problem look at the Baby Boomers lining up for hearing aids - including former President Bill Clinton who sports aids that hide inside his ear canal.

So what is the scoop about the iPod, outside of the fact that Apple has deep pockets and the lion's share of the MP3 player market? And is the problem the iPod, which is the repository of files, or the headphones? If it is the headphones, then should all the headphone manufacturers be brought in on the suit or risk not joining a necessary party? Ear-bud style headphones are all over the landscape and consumers may dump safer headphones that are bulkier in favor of the small, easy to carry earbuds that pump sound directly into the ear canal like a hearing aid on steroids.

How about all the other MP3 players? Tape players? CD players? The headphones you can attach to your home stereo so you can listen to mind-blasting music while studying at 2 a.m. and not get neighbors pounding on the door. Line up Sony, RCA, Phillips, and so many more. This could be a class action extravaganza in the offing.

Come to think of it, what about those annoying car stereos that blast so loud your car vibrates in response and you feel as if you are getting hearing loss from sitting next to them in traffic. How do you know what caused the hearing loss? The clacking, rattling and banging noises from the commuter rail? The jackhammer on the corner tearing up the sidewalk? There's so much to choose from in this pervasively noisy world. Apple is going to have a field day with personal responsibility and the inability to determine where the hearing loss came from.

Whoops, a little research informs us that violins and violas can cause hearing loss, especially in the ear nearer the instrument. Does this mean Itzhak Perlman is going to end up suing his violin maker at some point? Or is it the bow maker - or the string maker - or all of them? Are violins an inherently defective product? Neighbors of budding violinists may often agree.

An article in the Star Tribune of Minneapolis from December of 2005 reported problems of hearing loss with iPods and MP3 players and that the culpret was the earbud headphones the players use. But wait...you can use other headphones. There are all sorts of headphones at electronics stores and drug stores. So is there a certain amount of contributory negligence on the part of the consumer? Especially when there are warnings on packaging about the potential of hearing loss from playing music files at high volume?

This will be an interesting suit to follow. It will pit producers (Apple) of a product (iPod) who market a product with warning labels about not playing it too loud for too long against a consumer who feels the product is inherently unsafe at any volume.

http://www.startribune.com
/789/story/150546.html

http://www.american-hearing.org/
name/noise_induced.html

http://www.medicalnewstoday.com/
medicalnews.php?newsid=20080

Freedom of Expression

2006-02-01T19:32:00.000-05:00

by Marsha Graham

Does the First Amendment permit activist Cindy Sheehan to silently wear an anti-war T-shirt while observing a State of the Union Address?

It sounds like the lead off to a law review article, but the question is a genuine one. Substitute any name, any cause - one you espouse, one you support. The issue remains the same - can we afford to stifle silent protest because of a fear of what might happen if we do not?

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

It is generally agreed that freedom of speech allows Americans to express themselves without hindrance or restraint by the government unless there is a substantial justification for such restriction. Even minors have been given the right to silent protest in the Supreme Court decision Tinker v. Des Moines, 393 US 503 - a 1968 decision.

Iraq anti-war activist Cindy Sheehan was given a pass to attend the State of the Union speech (January 31, 2006) by Rep. Lynn Woolsey, D-California. In lawful attendance, she was escorted to her seat by the same Capitol Police officer who arrested her when she started to take off her jacket and exposed a black anti-war t-shirt that said, "2,245 Dead. How Many More?"

Reports conflict - Capitol police alleged she refused to cooperate. Sheehan stated she was never asked to close her jacket and would have done so if given the opportunity. What is known is that Sheehan was physically removed from the House Gallery with her hands behind her back, handcuffed, arrested, and subsequently freed on her own recognizance. According to Sheehan she was roughly treated during her removal from the house gallery and suffered bruises and muscle spasms.

Representative Woolsey told the Associated Press, "It stunned me because I didn't know in America you could be arrested for wearing a T-shirt with a slogan on it." She went on to say, That's especially so in the Capitol and in the House of Representatives, which is the people's House."

Representative Bill Young, chairman of the House Defense Appropriations subcommittee, also protested the ejection of his wife from the House gallery during the State of the Union address for wearing a T-shirt which said, "Support the Troops - Defending Our Freedom." Unlike Sheehan, Mrs. Young was not handcuffed nor did she report the use of force to remove her. According to a Fox News article, Mrs. Young told Fox News that she disputed that she was a protester and at one point told a Capitol Police officer, "Then you are an idiot."

As of this date (February 1, 2006) Capitol Police have dropped charges against Sheehan and apologized to her and to Representative Young's wife.

It is, however, a simple matter to drop charges and apologize for the stifling of dissent that has already occured. This is an issue capable of repetition. Had Sheehan not been a national icon of resistance to the Iraq war, would any news source have said more than a demonstrator had been removed from the house gallery?

As Supreme Court Justice Oliver Wendell Holmes stated in United States v. Schwimmer, "The principle of free thought is not free thought for those who agree with us but freedom for the thought we hate."

Sources:

http://www.foxnews.com/story/
0,2933,183392,00.html

http://www.firstamendmentcenter.org/
news.aspx?id=16404

http://www.mtv.com/news/
articles/1522959/20060201/index.
jhtml?headlines=true

All Fogged Up

2006-01-29T21:46:00.000-05:00

First year students always feel lost in a fog. New words, concepts, and demands create the feeling of confusion and sometimes panic.

There are several things going on at the same time in 1L classes. Learning the language of law is where Black's Law Dictionary comes in handy. Learning how to read a case is a matter of practice. Extracting the law from the case takes more practice. Learning the black letter law rarely comes in coherent form from the case books or the Socratic method and without it, you are handicapped in responding to hypotheticals posed at mid-term and during finals.

There are various methods of learning black letter law.

CALI - The Center for Computer-Assisted Legal Instruction which can be accessed online at CALI and provides interactive tutorials in a variety of subjects free of charge. Get the "school ID" from the sign on the computer lab door.

Another source are black letter law supplemental texts such as Examples and Explanations, Gilbert Law Summaries, and Emanuel Law Outlines. Unless they're used for teaching purposes in various classes, you'll need to get them in Boston at the law school bookstores there or from online resources, such as Barrister Books, Amazon, or Barnes and Noble.

In addition, you can obtain black letter law information from Barbri either through contacting a Barbri rep at school or signing up at one of the Barbri tables that occur periodically in the cafeteria. Barbri also offers an end of year review of black letter law for all students through free video tapes of lectures, but by then it is too late to start learning as tests are upon you. They are great review, though.

Some professors provide power point presentations or lectures in CD format and those can be very helpful and generally not terribly expensive. They have the additional advantage of being available at the MSL bookstore.

There are also "Law in a Flash" cards, but some students make their own flash cards using hornbooks and Black's Law Dictionary.

Additionally, Gilberts Law Summaries sells a taped series called America's Greatest Law Professors which are often available in tape or CD. They are especially good for those who commute a long distance. Time wasted in travel can now be time spent learning black letterlaw.

The library has hornbooks at the reserve desk that are an excellent source of information and have the additional benefit of being free of charge. They also have the Nutshell books at the reserve desk, but those seem to be more geared toward an end of semester consolidation of information than learning black letter law.

Since most students are on a budget, the free resources are the ones to check out first, but if you are still too far behind on the learning curve then spending a couple of hundred dollars on relevant tapes, audio CDs or texts might help you learn the black letter law. It takes a lot of hard work and that alone is not enough. The next part is applying it to the facts.

Some people swear by Gilbert's law summaries, others Emanuel's and some go through school learning everything from their classes. There is no one right way.

The one thing you should not do is have a black letter law resource text in class with you unless it is assigned reading for that class.

California to smokers: Second Hand Smoke Is Toxic

2006-01-27T12:22:00.000-05:00

Warren Buffet, a world-known investor, once noted that as goes California, so goes the rest of the nation - at least in terms of economy.

Now that California has labeled second hand tobacco smoke a toxic fume in the same class as arsnic, diesel and benzene, the doors are opened for the state to prohibit smoking in even more places - potentially including private cars in which minors are being transported.

If Buffet's comment holds true and the rest of the nation follows the regulatory lead of California, there may be a wave of restriction on smoking in apartments, condos and automobiles across the nation.

The legal question may well be: Is there a constitutional right to smoke tobacco products?

If there is not, then how intrusive can governments become in regulating the use of the product?

Read the CBS News Story at:

http://www.cbsnews.com/
stories/2006/01/27/health/
printable1244468.shtml

The Reformer

2006-01-26T08:03:00.000-05:00

The newest edition of The Reformer, the Magazine of the MSL Community, is now on newstands in the cafeteria.

The Winter 2006 edition features the following articles:

SBA news - Cara Martinoli, President, Student Bar Association

Alumni Around Town - Christoper Hamlin, Esq and Leslie Ganim Hamilson, Esq.

MSL Welcomes the President

MSL Hosts 4th Annual Civl War Conference

The Future of Peremptory Challenges in MA by The Honorable Timothy S. Hillman

MSL Adjunct Appointed U.S. Magistrate Judge

The 3 C's of effective Trial Advocacy: Courteous, Clear and in Command by Michael L. Coyne,Esq.

Alumni Events

Alumni News

Kelo v. New London: An Insider's View by Joseph E. Filippetti, Esq.

Reconciling the Massachusetts SJC's Decisions in Goodridge and Tammy: May Unmarried Gay and Lesbian Couples Continue to Adopt. by Marsha Graham, MSL 3rd year student

MSL Offers New Course in Guardianship and Conservatorship - features Adjunct Professor John Cross

Faculty Regain Winning Ways

MSL TV Show Wins Presigious Award

Upcoming MSL TV SHows

Congratulations Graduates!

Student Spotlight - features Lucas Watson / Nina Lewin & Arlene Parquette

Aribtrator Overstepped Authority Reinstating Police Officer by Joseph Devlin, Esq.

Substituted Judgment in the News - the SJC ruling

2006-01-18T07:29:00.000-05:00

Previously, The WRIT reported on the case of a Massachusetts child in a persistent vegetative state after alleged physical abuse by her adoptive mother and step-father. The adoptive mother and grandmother are now deceased and the step-father of the child, through his counsel, has opposed termination of life support.

The Supreme Judicial Court, in a substituted judgement determination, ruled life support can be withdrawn. "Some describe this as a case about death," the high court said in its unanimous ruling. "It should more correctly be described as a case about a young girl who has suffered tremendously from acts of violence and cruelty and who now will be permitted to pass away with dignity."

http://www.boston.com/news/local/massachusetts/
articles/2006/01/17/high_court_state_can_take_
11_year_old_off_life_support/

MSL Student Publishes Again

2006-01-18T07:11:00.000-05:00

The January 2006 issue of The National Jurist is out and MSL's own Ursula Furi-Perry, 2L has again been accepted for publication. Her humor article in the OFFTHEBENCH section is entitled, "How many law students does it take to change a light bulb? | All of them ..."

Hearty congratulations again to Ms. Furi-Perry for this achievement!

Ethics

2006-01-18T06:53:00.000-05:00

As the new semester begins and students crowd ethics classes, the WRIT would like to remind you that there is a link to a free PLI Ethics online study course in preparation for the MPRE.

Ethics class teaches a great deal, but it is not geared toward helping students pass the MPRE. That requires additional study. PLI is, insofar as the WRIT is aware, the only company which provides free online education involving lectures, mini-reviews, and sample questions for students studying for the MPRE.

Additionally, CALI (http://ww2.cali.org) has lessons on ethics which students may find helpful in their studies. CALI is free to MSL students and can be accessed at the CALI dedicated computers in the library or the lab.

New Westlaw Student Representatives at MSL

2005-12-21T21:39:00.000-05:00

Susan Costa , who is also a director for the SBA and a great sport during the SBA fund raiser at the end of the summer and Peter Cotch, who is known for his activism in SBA elections and being an equally good sport during the SBA fund raiser are the new Westlaw Student Representatives for MSL.

Instant Messaging and the Lawyer

2005-12-14T09:44:00.000-05:00

By Marsha Graham

Instant Messaging (IM) is like slow conversation using text instead of talk. It is not quite a real-time conversation and not quite email. Students IM in class and professionals IM from the office. Parents IM with their children and teens IM each other instead of burning up the phone lines.

So what is IM, anyway? It is a computer program (client) that is served by vendors such as AOL, ICQ and Yahoo Messenger. The vendors operate servers that receive and distribute the IMs in a way that mimics conversation and they do so in a way that bypasses the security measures that protect our computers from viruses, worms and trojans. IM is a hacker's dream and an attorney's nightmare because nothing is reliably secure.

Because IM is more like conversation than email, many people feel it enhances productivity and commmunication. Users tend to regard IM as a casual means of communication. Ana C. Ward writes in Texas Lawyer that "the only appropriate model for the 'formality' of an IM conversation is drunk conversation at 2 a.m." Companies like the printable log files and may require their use, although not all vendors provide them and not all companies require IMs to be saved. Attorneys need to be aware that these log files are discoverable information and use them with the same caution as any other written communication. If a company does not preserve IM logs, once a complaint has been filed there can be evidence of spoilation if all chat messages are not saved. A jury may be instructed to consider the unsaved (destroyed) documents are replete with damaging information.

Discovery is not the only worry of the IMing attorney. It is not all that difficult for a hacker to set up a system sniffer and find your unique identifier and password - that's just one way. Once they've got it, they can create a Denial of Service (DoS) attack against your computer to make it think it has no access to the IM system - or even crash your system - and at they same time they have stolen your identity and are pumping confidential information from everyone on your "buddy" list. It is not difficult to imagine the sheer joy engendered if "you" transmit malicious software (malware) to your opponent or your client. Or if your client makes incriminating statements to "you" and then finds them posted all over the web. The words "Malpractice" and "Disbarment" have an entirely new relevance at that point in your career.

Emails can be encrypted with a public encryption key. Your computer can be protected by firewall and desktop Anti-viral (AV) programs. At this time, there is no effective encyrption of IMs and they can use gateways not protected by firewalls. A desktop AV may not be enough to save your system from malware infected files. Just how many attorneys effectively back up their files to external, protected, storage?

Instant messaging systems that are fully secure with 128 bit encryption are installable at the business or office level. They will allow people on the same internal network (intranet) to IM with no security risks. However, they will not work with the external Internet world.

Enterprise level firewalls may be configured to block IM communications with the knowledge of a skilled computer security person. If IM from the outside is allowed, there is no simple way to secure the messages nor any computer to which they are sent or received.

For communications between offices in different locations, secure IM may be implemented as in the local office environment, but again, it will permit only communications between the secured ends of the path, not with the general Internet.

Even the best Perimeter Defense System, (PDS), at the corporate level can be fooled by the various IM clients being used. They are a major security issue and any computer used for them should never contain any sensitive company/client data nor be on an internal network where such data is accessible.

IMing is here to stay. How lawyers learn to use it and protect from the potentially time-wasting and computer infecting side effects is something that will continue to be a topic of concern for years to come. When configuring an office's system, it is always a good idea to have a computer professional put it together and help design the security system.

Potential solutions
* Keep all client related information on a computer not connected to the internet.
* IM with all the formality of a business letter.
* Never say anything in an IM that you don't want posted to the Internet on a hostile website.

Instant Messaging: Solving the Security Problem

Instant Messaging Worries at Work

Thanks to Daniel Graham for his intranet security information.

Substituted Judgment in the News

2005-12-05T14:21:00.000-05:00

By Marsha Graham

The students of Professor Cross' class on Guardianship and Conservatorship in Massachusetts may be the only students at MSL who understand the issues facing the Massachusetts Court system in the case of 11 year old Haleigh who is in vegetative coma at a Boston hosptial after an alleged beating by her adoptive mother and step-father.

Only the step-father survives after the adoptive mother and grandmother were found together, dead. He is challenging the removal of the feeding tube and ventilator which he and his attorney state is not to prevent his facing murder charges, but is a life-affirming move. The step-father also seeks to be appointed the defacto parent. The Division of Social Services, which has custody of Haleigh, wishes to have life support removed. The medical community is split on the issue. The biological mother, who kept contact with the child during her placement with her aunt/adoptive mother, wishes to remove her from life support and to have the right to plan her funeral.

In such a chaotic situation, who speaks for the unconscious (incompetent) person receiving intrusive, extraordinary medical treatment? The Massachusetts courts first addressed these extraordinary medical treatment issues in the case of Brophy (398 Mass. 489) through substituted judgment of the court for the incompetent patient where the family and medical community are unable to reach a decision together. Massachusetts has rejected the medical model, which may be incompatible with the wishes of the person who is receiving such care and who has no medical directive which would express their wishes. Massachusetts uses a system of "substituted judgment" in which the judge assumes the mantle of the incompetent person and makes the ultimate decision regarding life and death where there is extraordinary medical treatment such as ventilation or feeding tubes. In the case of Haleigh, a judge has already made his determination that she would not wish to live when she is on a ventilator and a feeding tube and there is no hope of recovery. The step-father is presently appealing.

How did the court reach this decision? Not through a whim. The judge used the Brophy standards: "(1) Brophy's expressed preferences; (2) his religious convictions and their relation to refusal of treatment; (3) the impact on his family; (4) the probability of adverse side effects; and (5) the prognosis, both with and without treatment. The judge also considered present and future incompetency as an element which Brophy would consider in his decision-making process." (page 428) In addition, the court considered the state interests: "countervailing State interests: (1) the preservation of life; (2) the protection of interests of innocent third parties; (3) the prevention of suicide; and (4) the maintenance of the ethical integrity of the medical profession." Saikewicz, 373 Mass. 728, 741.

Although not mentioned in the story in the Boston Herald, there is undoubtely a guardian ad litem appointed by the court to investigate (the eyes and ears of the court) and to argue against whatever the child's court appointed attorney wants, in order to provide the court with all the options and arguments available, there is probalby an attorney who represents Hailey, and DSS and the step-father each have representatives in the hearing. This is a grave decision to make and the judge has been as fully briefed as humanly possible before making this decision which he or she believes Hailey would have made were she competent to do so.

For more information on Guardianship and Conservatorship, the MSL law library has a copy of the practice manual: Massachusetts Legal Practice Library Volume 8: Guardianship and Conservatorship in Massachusetts, Second Edition.

Boston Herald - Haleigh

Do Law Students Pay too Much for Bar Review Courses?

2005-12-05T08:22:00.000-05:00

This is the question asked by the Sunday, New York Times feature piece outlining the class action lawsuit against Bar/Bri.

NY Times Article, free subscription required The article presents the history of Bar/Bri, but also poses questions of monopoly and price fixing. It is an article worth reading, even during study week, as it has a potential impact on virtually all MSL students.

A quick research of the issue finds a similar article on Law Crossing (no subscription required)

The present class action lawsuit against Bar/Bri appears this is a reprise a case previously fought in the 1990's between different parties and a Bar/Bri owned by a different parent company from Thomson. There are claims of Bar/Bri running competitors out of the field, paying law schools not to offer competing bar review courses, and playing the kind of hard ball usually associated with MicroSoft(c). Both sides already claim superiority and eventual victory. Attorneys and law students are nervous about opposing such a legal behemoth and risking lucrative jobs with large firms, but the class seems to have enough to go forward. Perhaps a class of law students and lawyers can have an impact where dueling bar review providers cannot.

Findlaw for Students has a list of bar review courses, but Bar/Bri stands alone on top - possibly because Findlaw is part of Thomson West, possibily because Bar/Bri dominates the field in all 50 states. However, there are a few small competitors of note: MicroMash is used by deaf law students because of its accessibility - Bar/Bri does not close caption tapes. AdaptiBar is an interactive method of prepping for the MBE accessible to the deaf.

MSL provides "comp" which prepares students for both the MBE and the state bar, which is different than most law schools

Expect to see more on this in the days to come as news aggregators have picked up the story and it is hitting blogs and private news and discussion sites all over the web.

SBA Meeting

2005-11-21T14:51:00.000-05:00

The next meeting of the MSL Student Bar Association is Tuesday, November 22, 2005 in the cafeteria at 1 p.m. The focus of the discussion is St. Anne's.

Katrina Relief Fund Results

2005-11-21T14:49:00.000-05:00

Cara Martinoli, SBA President, responded to an information request from The WRIT regarding the allocation of funds from MSL bake sale.

The MSL SBA dontated $300 to Backpacks of Hope, $150 to the Louisiana SPCA and $150 to the Walter Ernst Foundations - all of which work with Hurricane Katrina victims.

The entire $600 raised was distributed among the three named organizations.

Issue: Whether Law Students are Allergic to Cold?

2005-11-16T10:25:00.000-05:00

By Marsha Graham, 3L

Fall has arrived and with it the cessation of the stifling, muggy New England heat. We've been pounded by storms and the leaf-peeping season was a non-event this year. However, the dreaded MSL Winter Cold Allergy has struck with a vengence.

For those of us who know and love MSL, the lobby is sun-blasted. With no arctic entrace to mitigate the temperatures outside it is often a roasty-toasty 90 degrees in summer and a chilling 50+ in winter. The library, being a library, keeps temperatures relatively cool and humidity down in order to keep the books from rotting away. The computer lab is often sub-artic at any time of year and a really good place to cool off - especially in winter.

It appears that MSL students are allergic to cold weather. That must be it. They come in from outside and immediately flock to the thermostats in the upstairs classrooms and set them to "incinerate." No waiting to see if that middle "temperate zone" setting might get them warm in a few minutes. At the end of the a class it's 85+ and those of us wearing layers and winter clothing are cursing the fact we didn't pack thong bikinis and flip-flops. I gotta warn ya here - you don't want to see me in a thong bikini. Hey, and while we're at it, how 'bout a virgin frozen Pina Colada? That comes with a little umbrella and everything, right? Totally cool for class - if you can't cool down drinking it then you can pour it over your head for immediate relief.

Of course, if it isn't an allergy, it could be that the fashion conscious among us come in with lovely, lightweight clothing to show off their curves or physique rather than paying attention to the fact that it's cooling down outside. Don't you remember what your mother told you when you were a kid? Do you have your long sleeved shirt on? Did you take a sweater? Are you wearing warm socks and shoes? Don't forget your coat and take a hat with you. And don't drink iced coffee! (At your age, really!) Drink hot coffee or hot chocolate. Warm that core temperature with some spiced apple juice, fer goodness sake! Remember! Warm clothing can be fashionable too! Just look in any LL Bean or LandsEnd Catalog for fashion suggestions for the MSL Frozen Chosen.

Assuming the law student arrives in a car with a working heater, wearing layered clothing, a warm coat, gloves, scarf and hat then, upon entering the building one can remove those layers of clothing and feel "warm enough" with a long shirt and a cardigan or pullover

The point is that we need to wear the outerwear outside and the inner wear inside. If you are still freezing, I believe they are having sales on thermal underwear at most of the clothing stores. I grant you that thermal underwear might not look so classy with those mini-mini skirts and midriff exposing blouses, but the rest of us won't have to sweat into piles of mushy goo in order to maintain the heat at "tropical" fever to keep the underdressed warm.

I've had two classes cut short because the students were half-sick with heat - even with the windows open - and even the teacher was uncomfortable. A little more piled on heat and we might have had our first meeting of Nude Law Students Anonymous.

There is a very simple way to resolve this problem. The school should put those little glass boxes with LOCKS on them around the thermostats, set the temperature at the middle and lock them. Only a staff member would have the ability to get maintenance to come and change the settings. This would accomplish several things:

Students would have to learn how to dress for cold weather.
The school would save a fortune on heating bills.

So here is to 69 degrees as the median temperature at the school.

I'm off to school in a few minutes. Hmmm...where did I put my shorts? And my flip-flops? Hmmm, wonder if Berkies will work. Wonder if I have room for my summer clothes and my books in my book bag. I can always tell the professor I had no choice but to leave the books and bring a change of clothes. He might buy it - if it is so hot in the class that we can roast a pig in one corner and start a limbo bar in the other.

MSL Writer Published in National Jurist

2005-11-14T12:57:00.000-05:00

The November issue of the National Jurist published two articles by MSL 2L, Ursual Furi-Perry. Copies are available in the magazine racks in the cafeteria.

The first article, entitled Minority Enrollment Falls is a compelling piece about declining minority enrollment at law schools. It draws our attention to the problem of inclusion of minorities in legal education and, consequently, the practice of law. (see page 14)

The second, a humor piece, entitled From diapers to (legal) briefs leaves those of us with children rolling in the aisles while nodding in agreement. (see page 46)

Ms. Furi-Perry is, according to Buzzle.com, a nationally published freelance writer with nearly 200 articles to her credit.

The staff of the WRIT offers it's hearty congratulations to Ms. Furi-Perry for being twice published in the same issue of the National Jurist. Bravo!

Colts Edge Out Mustangs in Annual Faculty/Student Baseball Game

2005-11-10T23:44:00.000-05:00

First came the game - then the pictures...now revel in the story.

The Colts (Faculty) raced the Mustangs (Students) to a near photo finish in the annual faculty/student softball game on October 30th. After a neck and neck start of zero to zero in the first inning, the Colts pulled away with three runs in the second. Spurred to achievement, the Mustangs again pulled neck and neck in the third inning and then took the lead.

The fourth inning saw the Colts take the lead with an additional two runs, but they sacrificed Professor Coyne, who simultaneously broke and dislocated the pinky finger of his left hand while attempting to pick up a ball.

After a brief lull to allow a replacement player in and send Professor Coyne to the emergency room, play resumed. Rumor has it there were a number of other injuries to the Colts, mostly pulled muscles and limps. The young players of the Mustangs reported no injuries during their race to the finish.

Neither team was able to gain a lead during the fifth inning, but the Mustangs stampeded in the sixth with five runs, holding back the charge of the Colts, limiting them to only three.

In the home stretch neither team scored again until the last inning. The Mustangs batted in two runs, but the Colts crossed the finish line with an additional three runs, completing their run for the roses: Colts 11, Mustangs 10.

After the game, students and staff trotted over to Professor Coyne's home for the traditional after game BBQ. Unfortunately, their host was unable to attend (since he was at the hosptial at the time).

Professor Coyne seems to have outrun his troubles, though as he's out of his brace and is using an exercise ball in his injured hand.

Editors note: The WRIT is obviously in need of a sports writer and is open to any applications for the position. Send us an application at msl.writ at gmail dot com.

Finals. What me be worried...?

2005-11-07T10:50:00.000-05:00

By Daniel Harayda, 3L

“I have a lust for life” –Iggy Pop

The day is approaching. Soon that time we all fear, from 1Ls to students in Comp…finals.

For you new students (and slacking 2Ls and 3Ls), let me warn you all: this is going to be tough. However if you have been doing the three lessons it will be manageable, I promise.

Lesson the First
Going to class and taking decent notes is a must. Look, this is not undergraduate class. However, I get the feeling that some students are not doing their part. That is a sure way to fail a class. And I see it as my duty on this planet to keep as many MSL students enrolled as possible. I should have been writing since day one, but I have been busy doing other things (like studying). The word is that some of students are stressing: slacking is much abound and I daresay if this continues I will be even angrier and will talk even more like an angry American trying to fake a British accent! It is not pretty thing to see (or hear) let me assure you. GO TO CLASS! Take good notes and with a little effort, you will do fine.

Lesson the Second
Keep up on your outlines. Look, I am not a fool. Students use “corporate” outlines. Hey, maybe they work; maybe you are able to squeak by. Nevertheless, the surest way to make sure you know the information is to do your own outline. It helps organize your thoughts, and it is even better if you keep updating it, you will learn the material (hey, what a concept!). You will also learn what you do not know, which maybe even more important, because if you are shaky on say, oh estates in land but you know gifts pretty well, it would be advisable to spend more time on nonfreehold than causa mortis…

Look, there are no shortcuts in this game. If you want to use canned briefs and their ilk, go ahead. I know several students (myself included), who have never even looked at that stuff and we are doing fine. Believe in own your abilities, sharpen your skills and put yourself in the best position you can to not only know the material, but also be able to show on test to the professor that you know the material.

Lesson the Third
If you have followed the first two rules, and you are up all the little things like using IRAC, a clean and concise outline, having studied, then relax. You have done all you can do. The rest will take care of itself. Get at least eight hours of sleep a night before a final, have some food, read something to get your mind working, but you should be ready.

Lesson the Last
Also, grades do not come out until February. Ok, so have a good holiday season, get refreshed and start worrying about the next semester classes (or the bar for out recent grads)!

Hey if guys got any last second questions, my email is harayda at mslaw dot edu. I may regret this, but I am here to help. So, good luck and be happy. You are going to be fine, I know it!

The 2005 Post-Game BBQ at Prof. Coyne's House

2005-11-06T14:47:00.000-05:00

The "Yum" factor

Photo by Eric Cassie, 1L

2005-11-06T14:46:00.001-05:00

And then I .... sharing tales of the game

Photo by Eric Cassie, 1L

2005-11-06T14:46:00.000-05:00

Relaxing with friends...

Photo by Eric Cassie, 1L

MSL's 2005 Mustangs

2005-11-06T14:41:00.000-05:00

MSL's Student Team for the October 2005 game

Photo by Eric Cassie, 1L

2005-11-06T14:40:00.000-05:00

Great game!

Photo by Eric Cassie, 1L

2005-11-06T14:39:00.000-05:00

Strike!

Photo by Eric Cassie, 1L

2005-11-06T14:38:00.000-05:00

Another great stop-action shot!

Photo by Eric Cassie, 1L

2005-11-06T14:36:00.000-05:00

Her turn at bat.

Photo by Eric Cassie, 1L

2005-11-06T14:35:00.000-05:00

What next, coach?

Photo by Eric Cassie, 1L

2005-11-06T14:33:00.000-05:00

Heading for Home. Heading for first base.

Photo by Eric Cassie, 1L

2005-11-06T14:32:00.000-05:00

Mustangs on the bench

Photo by Eric Cassie, 1L

2005-11-06T14:29:00.000-05:00

The Mustangs take another base

Photo by Eric Cassie, 1L

2005-11-06T14:27:00.000-05:00

All alone and lonely in the outfield

Photo by Eric Cassie, 1L

2005-11-06T14:26:00.000-05:00

Play ball!

Photo by Eric Cassie, 1L

2005-11-06T14:24:00.000-05:00

Staff members - practicing bunting?

Photo by Eric Cassie, 1L

2005-11-06T14:22:00.000-05:00

Sometimes playing means waiting.

Photo by Eric Cassie, 1L

2005-11-06T14:21:00.000-05:00

Great stop-action! That ball is whizzing right on past the bat!

Photo by Eric Cassie, 1L

2005-11-06T14:19:00.000-05:00

Get that ball back in time to tag the runner out

Photo by Eric Cassie, 1L

2005-11-06T14:15:00.000-05:00

Strike one!

Photo by Eric Cassie, 1L

An Interview with Jackie Whyte

2005-11-06T12:02:00.000-05:00

By Marsha Graham, 3L

Jackie Whyte is a third year law student at the Massachusetts School of Law in Andover. The National Jurist, The Magazine for Law Students, published her humor article, Legalese as your mother tongue in the December 2005 issue. Ms. Whyte previously was a humor columnist for the Massachusetts School of Law student newspaper, The WRIT.

Q. First, congratulations on your publication in a national magazine. When did you first know that your submission was accepted?

A. Thank you, Marsha. The funny thing is, I didn't know for sure whether the editor would be printing one of my articles until a friend ran up to me in the MSL hallway and said, "Congratulations!" I didn't know until after it was published.

Q. MSL is a small school and this national article of yours has created interest in who you are. What has happened since the the National Jurist hit the stands?

A. Well, nothing really. Of course...people have been looking at me a little queerly ever since. I think maybe they believe I really did throw that apple at the pooch. But no, we have a leash law in my town and I no longer chase after beagles stealing catfood. (Obviously, that's another story!)

Q. What has been the response from friends and family?

A. Well, I have learned that my offspring are seldom impressed by anything I do that doesn't involve their care or wellbeing. You parents know what I mean. You get, "hey, that's cool, Mom...can I be a little late with the rent this month?"

Q. What is the most memorable response you've had to this article?

A. Definitely Dean Velvel's! I understand that he posted notices all over the school requesting I report to him. When I asked him about this, he smiled and said he just wanted to scare me. He did, he did!

Q. Do you find that your humorous approach helps with your study of the law?

A. No, not one bit. I can laugh all through an exam (though I usually want to cry), but it really doesn't help my grade and ends up just annoying the other students. Seriously though, I find it therapeutic to see as much of the goofy side of life as possible. Afterall, if you think of life as just plain goofy, then it's less embarrassing when you say something stupid in class. (Which is always a possibility when I open my mouth!)

Q. Will we be seeing more articles from you in national magazines and other publications?

A. Oh, sure. Watch for them in the Wall Street Journal, Business Weekly, Atlantic Monthly -- all those publications that need a lighter touch. Okay, maybe you won't see me in any of those. You know, don't you, that nobody pays for this kind of stuff unless you're a Dave Berry or an Irma Bombeck. So no, I don't think I'll be making much of a splash in any national publications. But it would be nice!

Q. What kind of law would you like to practice?

A. Oh, the usual type -- whatever walks in the door and can pay my first year's expenses! But I do have a plan. I have to have a plan -- my Business of the Practice of Law class requires that I write a Business Plan. So that's what I'm doing. I'll let you know how it turns out.

Thank you for taking the time to talk with us today. I know that all of the students and staff at MSL wish you the best of luck in your legal studies, your impending legal career and your writing career.

Saddam and the Super-Beings—The Rights of Appearance

2005-10-28T18:20:00.000-04:00

By Sylvan Lashley, 3L

You’ll recall from the last time, how property interests got divided up between Saddam, and his sons Babel and Baine, how they’d ensured that property would go to the desired individuals after Saddam died, and how there was an argument as to whether the property divestments could wait up to up to 21 years after Saddam's death.

With all the fracas in the Garden, Saddam and his evil Imp, the “Wicked One” accused the Super-Beings of being unjust, but the Super-Beings had their own way of conducting their business affairs. They desired that Saddam be heard first by the lower courts because of the nature of the controversy at the time. The Chief Imp, wanted to take over the realm of the Super-Beings, and “talk about a controversy”, it was for real--with loud banging and clashing everywhere. The Lower Courts struggled to settle the matter, but to no avail. Their decisions were appealed upwards to the Mid-Courts, and these could hardly agree among themselves--Saddam and "The Imp" were far from satisfied, and felt that their general question and issue was one that concerned the entire celestical host. So it happened that the Highest Council finally agreed to certify the case.

For one thing, Saddam and Imp were now cast out to Hades below, where they had obtained citizenship, far away from Golden Jubille, a totally different state where the Super-Beings continued to reside and where they had their citizenship. Saddam and the Imp claimed that they had suffered grave injury, not only economic, but some type of physical disability at their inability to grow the desired crops in their garden, and the constant streams of electric jolts (lightning) had continually scarred and burnt them, a condition to which they specifically attributed to the Super-Beings. They felt that there was relief against the injury at the Higher Courts and decided to seek a temporary injunction for the same. Saddam and his sons were impatient because new laws had been passed that dealt with these types of injuries, and there was a concern that their further danger was imminent.

The Imp, leader of “The Pack”, claimed to represent not just Saddam but all similar “Garden Organizations “ and Pacts whose members had been similarly injured and whose purpose was being hindered and thwarted. Saddam hoped that the Super-Court would simply rule on his case and render some type of outcome. On behalf of Saddam, and the “PackRats” the Imp was claiming full damages, the life of anyone of the Super-Beings.

The Super-Beings had decided to levy a fee on Saddam every time he used the garden hose to funnel water to Hades, because funds were needed to keep up the maintenance of parts of the garden. Saddam roared in rebellion because he felt that he should not be levied without representation, some type of constitutional right, he thought. He wailed that there was a personal vendetta being meted out against him. On the other hand, the Super-Beings refused to budge, because other lesser beings were taxed similarly. While the Super-Beings were not really interested in forcing Saddam to act against his will, they’d found a way to dangle financial rewards and claimed that Saddam was using celestial transport machines to fly his products back and forth to other planets, and that the entire arrangement was causing a strain on the Garden economy, and all other economies. Saddam argued that the Garden laws should gain pre-eminence because they had been established first and that he was following much more stringent standards than the Super-Beings had instituted. Further, he argued that he was involved himself in the production of the crops.

The Imp determined that he would represent Saddam even though they were not related by family. No other Super-Being administrative councils were being involved, so the Upper Council felt pretty confident in putting the questions forward. Saddam and the Imp clearly felt that they had the right to appear before the Super-Courts.

Meanwhile, at the Massachusetts School of Law, it was another dreary day--students were coming and going, unaware of the cosmic struggle that surrounded them. They'd heard that a UFO had deposited documents on the third floor of the castle, an entirely forbidden area of venture, but some had sneaked up to the cold towers in the dead of night, and were now examininig the documents that Saddam and the Imp had filed.

They'd spread these out in the new courtroom, when in came "King Kon" to inquire. It was not going to be the most civil of procedures, but at least, students were happily engaged in determining whether the Super-Courts truly should hear Saddam !!!!!

Indictment of I. Lewis Libby

2005-10-28T18:02:00.000-04:00

Why have the indictment of Libby on The WRIT?
Because it is a good piece of legal writing. It is only 22 pages long and "light" reading for the average law student.

Some law clerk put a lot of work into this - we may be those law clerks soon. Lets learn how to do it right.

http://www.usdoj.gov/usao/iln/osc/
documents/libby_indictment_28102005.pdf

Conservatives in Washington are asking, who is this "crony," "cipher," "hack," "functionary" or, "petty bureaucrat,”

2005-10-21T20:32:00.000-04:00

By
Francine Sterud, 2L

“Where was little Miss Southern Methodist University, when the big-thinkers were persevering at policy institutes risking all principles while lecturing for $20,000”? New York Times editor, Matthew Sculley quotes his former speechwriter, David Frum who asked this very question. Liberals snidely call President Bush anything but a big-thinker. So, why is it surprising that he nominated Harriet Miers? The media attributes this surprise to Miers’ lack of qualifications, but considering the climate in which she acquired her experience, is she that unqualified?

There is no disputing that American people know very little about Miers and are certainly entitled to know a lot more about where she stands on important legal issues. As a nominee with a paper-thin record for judicial opinions and law review articles, Miers is one that leaves Americans, legal scholars in particular, concerned and puzzled. Pundits are making it appear that she is lacking in qualifications just because she has not exposed herself to the media critics to get their consent and is not their darling. Her low profile has caused a whirlwind of speculation.

John Roberts knows the dilemma Miers is in because he also dealt with the overhanging issue of abortion before his confirmation. While many complained about the lack of information available about Roberts, the new Supreme Court justice was a veritable surfeit of background records compared with this new nominee. Many problems have brought about this frustration with Miers’ nomination. One of them is that Harriet Miers is a woman.

Nevertheless, history proves that gender bias has been an undercurrent since the beginning of time. Miers definitely has not had the “good ole boys” club, nor has she had the opportunities afforded them throughout her career. Yet she still managed to become a successful attorney, so successful she became the President of the United States of America’s White House Counsel. How many men have those credentials? Her climb to this point is a feat in and of itself as a woman in this patriarchal society. Conservatives and liberals alike have denied a gender problem and are focusing in on a problem of lack of credentials and Bush’s inadequacies.

Where was the speculation about John Marshall who is widely revered as "The Great Chief Justice?" He lost the only case he argued at the high court and before joining the Supreme Court in 1801, he never served a day in judicial robes.

Earl Warren lacked qualifications for the Supreme
Court. He worked for 18 years as a prosecutor and was three times elected governor of California. However, he had no prior judicial experience.

William Rehnquist, Felix Frankfurter, and Louis Brandeis’ lacked qualifications for the Supreme Court.
Nevertheless, the nomination of White House counsel Harriet Miers to the Supreme Court has sparked debate.

Scully further speculates about the President’s decision to nominate Miers by defending him saying, “Maybe he has looked around every so often and noticed that the least assuming person in the room was also the most capable and discerning.” And just maybe that was a woman. “Or maybe he remembered how the hardest-working person in the White House found time to prepare the will of a terminally ill 27-year-old colleague, and to spend nights and mornings staying with her and praying with her.” Possibly, that was a woman too.

Just maybe this President is helping to decrease the gender gap for the good of the whole and knows the Supreme Court needs another woman’s perspective on the Constitution since there is only one other woman on the Court Ruth Bader Ginsberg. Some might argue that he was just picking a woman because he wanted liberals off his back, or because he did not pick a woman with the last nomination. For whatever reason he nominated her, there are many pundits willing to fill these gaps with hearsay. For example, Bob Fuss, correspondent for CBS News, reports, “In her long Senate questionnaire, Miers says flatly that no one in the Bush administration asked her how she would vote on abortion, or any other case prior to her selection and that she has given no assurance to any outside group on any issue.”

However, more claims are made by another group, Texan’s United for Life. They claim that Miers checked yes to the question in their April 1989 questionnaire asking, "If Congress passes a Human Life Amendment to the Constitution that would prohibit abortion except when it was necessary to prevent the death of the mother, would you actively support its ratification by the Texas Legislature.”

In the context of this seemingly inconsistent stance on abortion by Miers, it is no surprise that Bill Kristol of the Weekly Standard, a notable conservative, would express his distain, by saying that he was expecting "brilliance," and her selection signaled "weakness" and "capitulation." Mr. Kristol also suggested how the Miers nomination could be withdrawn.

Kristol alleges that with Ms. Miers “out of the way” (“Out of the way?” Is this an episode of the Sopranos?),
"the president's aides would explain that he miscalculated out of loyalty and admiration for her personal qualities,” he adds, "and he could quickly nominate a serious, conservative and well-qualified candidate for the court vacancy."

Matthew Sculley offers yet another criticism. He portrays Miers as Bush’s pawn, forecasting, “Harriet Miers, who is only the president's friend, is now to be led away like Carlo in "The Godfather" with his "ticket to Vegas,” adding, “Quickly replace her with some credentialed luminary, and in a week, no one will, even ask where the woman is. This is in the tone of Michael Corleone laying out some general instructions.”

Scully’s comment is quite witty, but his satire cannot distract from the seriousness of this issue. As we know, Miers, if confirmed, will fill the vacancy created by the retirement of Justice Sandra Day O'Connor, a crucial swing vote. One vote rests on which side she comes down on in the abortion issue.

Many conservatives were incited to argument over Ms. Miers nomination even though she said that a more in depth description of her credentials were forthcoming. Some attacked her lack of a clear record on social issues like abortion and same-sex marriage, and others assault her academic credentials and deem her qualifications as insufficient to warrant a lifetime appointment to the Supreme Court. Surrounded by the other objections, Miers has never been a judge and never clerked at a federal appeals court, or the Supreme Court (she did clerk for a federal district judge). In addition, critics say she lacks the kind of experience in constitutional law possessed by John Roberts.

All of these criticisms have brought Miers some unlikely defenders, including liberal advocates for women's rights who are deeply uneasy with her nomination. Among them are Marcia D. Greenberger, founder of the National Women's Law Center, and Eleanor Smeal, the head of the Feminist Majority Foundation.

Ms. Greenberger said she was particularly incensed by criticism of Ms. Miers’ lack of clerkships. She said she and Miers, who is 60, graduated from law school at about the same time, when opportunities for women were few. Were few? They still are few. "There were many judges who would not accept women law clerks at all,” she continues, “including many federal judges.”

It might help to refresh those pundits and unhappy Americans as to the qualifications required for Supreme Court Nominees. These qualifications were taken directly from the Wikipedia, the free encyclopedia, redirected from the United States Supreme Court.

“The Constitution does not explicitly establish any qualifications for Justices of the Supreme Court. In fact it does not even specify citizenship or age as it does for the executive and legislative branches. However, Presidents normally nominate individuals who have prior legal experience. Typically, most nominees have judicial experience, either at the federal or state level. Several nominees have formerly served on federal Courts of Appeals, especially the Court of Appeals for the District of Columbia Circuit, which is often considered a stepping stone to the Supreme Court. Another source of Supreme Court nominees is the federal executive branch—in particular, the Department of Justice. Other potential nominees include members of Congress and academics. On the current Supreme Court, seven Justices previously served on federal courts (including three on the D.C. Circuit); two served on state courts; three were former law school professors; and three held full time positions in the federal executive branch.

Nominees to the Supreme Court, as well as to lower federal courts, are evaluated by the American Bar Association's Standing Committee on Federal Judiciary. The panel is composed of fifteen federal judges (but not Supreme Court Justices), including at least one from each federal judicial circuit. The body assesses the nominee "solely to professional qualifications: integrity, professional competence and judicial temperament," and offers a rating of "well qualified," "qualified," or "not qualified." The opinions of the committee bind neither the President nor the Senate; however, they are generally taken into account.”

As stated above, the President has followed the criterion of qualifications for Supreme Court Nomination. Therefore, whatever claims pundits make, or the disappointment of all political criers, President Bush has not violated any of the requirements of qualifications for his nominee to the Supreme Court, Harriet Miers.

Regardless of whether this was another one of Bush’s sloppy decisions, or one of his best decisions, or just another attempt at a glass ceiling imposed again on a woman who will hold power over man, it has brought about debate. Debate is a vital part of the American system in our courts, especially in our United States Supreme Court.

Saddam and the Super-Beings II—Time for Property Distribution

2005-10-16T15:51:00.000-04:00

By Sylvan A. Lashley, 3L

And so, another episode in the life of Saddam unfolds. For a quick review, the Super-Beings had gotten together and decided to create Saddam. They placed him in the beautiful Boston gardens with the explicit command that he NOT eat from the plum tree, since it was reserved for them while they lunched around the MSL Faculty table.

Saddam breached the condition, ate from the tree, and blamed Bathsheba his wife, triggering a stream of events, which caused the Super-Beings to summon the Super Council. Fortunately, the Super-Beings had made provision before Saddam’s creation that should he breach, they would offer one of their Own to die in Saddam’s place (the damages resulting from breach was immediate extinction). Upon Saddam’s acceptance of their offer, and the bargain for exchange, to the detriment of both parties, a contract was born. Meanwhile, Saddam had offered up a variety of excuses for his breach—he blamed Bathsheba and claimed that she had mentally lost it, and was drunk from the poppy flower on which she had been chewing. By these means he thought to excuse himself.

The story continues. The Super-Beings, after all that occurred, wearily decided to grant Saddam and his heirs the entire garden for eternity at a date to be decided after Saddam had completed four months of garden work. Saddam and the Super-Beings signed off on the garden-to-be, but The Super-Beings kept the documents to themselves, while they worked out transfer details. They drew up all the relevant documents and made a general warranty that all was well to Saddam’s great satisfaction. The warranty was filled with future assurances on the part of the Super-Beings, but there was an easement that the Super-Beings decided to reserve for themselves in the east corner of the garden so they could relax in the heat of the day and have their Councils. The easement was measured by metes and boundaries, with a river on the east, a mountain on the west, and natural boundaries on the south and north, forming a big square in the center of the Garden. Saddam’s job was to work the garden daily, for he was now in full possession of it, even though the four month period had not passed and he made sure that he paid the present rental at the beginning of each month, through his labor.

The four month period came and on July 4, 2005, the documents were delivered to Saddam personally who duly rushed over on the next day to the office on the corner and recorded the transaction in a big book, having duly checked out the land in the meanwhile, assuring himself that it was of the purported quality. With the documents delivered, the four-month work period was at an end.

At last, Saddam had the garden all to himself and his heirs, but the fine print said that he could own the Garden as long as there was no trespass on the easement, and should trespass occur on the easement, then the Super-Beings would automatically retain possession of the entire garden. In addition, Saddam was to retain the garden on condition that he obeyed the rules of the Super-Beings and not eat from the cherry tree, thus there was something that Saddam would have to do to maintain ownership and possession. The final lines of the fine print said, “To Saddam and to Bathsheba and their heirs, as long as Saddam does not use the set-aside portion, but if he does then specifically to Babel for his entire life in the Garden, and then to his successors and assigns” The Super-Beings pretty much left Saddam to his own wiles and fancies, probably a bad idea.

By time his two sons Baine and Babel were born, the Garden had developed into at thriving community. Saddam was happy with the final language, because he wanted properties to pass to his children, and he’d long decided that it was of no use to make out a will. To his other son Baine, who had just gotten married to Elizabeth, Saddam rented a portion of the garden, so that Baine and Elizabeth became a special type of tenant with certain rights. They could cut trees for fuel and fodder, but were not to lay waste to the land in any other way, either permissively or intentionally. Since Baine and Elizabeth being farmers, they decided to celebrate Christmas and planted a crop of firs for harvesting late in the year. In addition to the crop, Baine cut timber on the upper slopes of the garden, causing a large Flood which eroded the soil and caused a landslide.

One day, the Super-Beings decided to review the entire “shee-bang” to see just how all they had arranged was being used, and moreover it was time for accounting in the Super-Council with a need to report back to the other Beings. Meanwhile, in the Garden, events were really out of hand by now, and the Super-Beings began to regret that they had created Saddam. They thought to extinguish him by fire, then by water, but their love for him was so great that they did some more planning to benefit not merely Saddam but all of his generation forever.

Financial Planners and Attorneys Can Work Together to Benefit the Client

2005-10-13T12:06:00.000-04:00

Daniel Graham, Guest Columnist

It was early 2003 and I had attended an evening program at MSL telling prospective law students what the school was about. One professor quipped that some went into law because they could not count. While my experience belies this comment, it is often true that people in the law do not have extensive financial training...heavens, they have had enough school, yet more would be just too much.

A growing body of individuals have entered into the field of financial planning. Years ago, anyone could hang out a shingle as a financial planner, and they can do that yet, but there are now more controls and certifications available to indicate that a financial planner is not just a self appointed money handler.

Among the certifications that are meaningful are the Certified Financial Planner and the RFA, Registered Financial Advisor. The CFP Board regulates who may use the CFP flame logo and refer to themselves as a Certified Financial Planner. They even have a rigorous code of ethics, though not nearly quite so extensive as attorneys have.

A good financial planner is a specializing generalist. His or her job is to see the broad picture of a person's or family's financial needs and objectives and to draw together a team of people who can help meet these objectives. This team will often include an insurance expert, a banking expert, and nearly always, an attorney.

The astute financial planner knows both legally and factually where his expertise starts and ends. He understands the role of an attorney and will never hesitate to bring one in when it is called for. Often, the planner needs his client to engage an attorney for will and trust drafting, or forming a business association of one kind or other.

Can the reverse be true as well? Is there a situation wherein an attorney may wish to suggest to her client that engaging a financial planner would be advantageous? I believe the answer is an unqualified "yes."

As a financial planner, (soon, hopefully, to be a Certified Financial Planner), and the spouse of a MSL law student, I have had the advantage of seeing both the financial side of many issues, as well as the legal side of the same issues. My wife jokes that I am doing law school by proxy.

I firmly believe that attorneys and financial planners can work together for the best interests of a client and to mutual benefit. Of course, they cannot be associated in a single business entity as partners or share in other forms of business associations. However, this would not stop the attorney from hiring the financial planner on behalf of a client, or referring the client to a financial planner. In the same vein, a well versed financial planner will never hesitate to recommend attorneys he has worked with to his clients.

As an example, I might construct an extensive estate plan for a client that involves, among other things, several trusts and a will. I cannot draft these documents, and would recommend an attorney to my client to do this.

The ideal situation would be where the financial planner would interact with both the client and attorney to make sure that everything designed into the estate plan made it into the necessary documents. While some on both sides of this might not want to work with the other, the best interests of the client would provide a marvelous opportunity for the attorney and financial planner to work together to provide the very best plan for the client.

The financial planner may be of more use to an attorney than just in estate planning. Family law provides multiple opportunities for the attorney to bring a finance person into the mix of professionals needed for a given case. Very often, divorces are incredibly messy situations where the input of a financial planner could help avert many money problems in the future for the parties involved.

In the forming of business associations, a financial planner can help with the choice of retirement plans, investments and many other aspects of forming and operating the entity.

In psychology, the word "gestalt" refers to a whole that is greater than the sum of the individual parts. I believe that the combination of legal and financial expertise, meaning the association of attorneys with financial planners, provides such a situation. The client will benefit greatly from having a financial planner involved in many instances.

An obvious question will be, "What will this financial planner cost me and my legal client?" It is a fair question. The answer is as varied as the fee structures that attorneys themselves, have. For the purposes of most lawyers, a hourly fee based financial planner may be preferred. Rates vary, but a range from $50 to $250 per hour would not be unusual. The higher end of this range will generally be received by persons from what we might call high end firms in the big city. Those of us who do not aspire to work 150 hours a week and do not wish to be in the midst of the big city will tend to the lower end of this range, and be happy there.

Clients are rarely one dimensional; they have many needs. For the perceptive attorney, the involving of a financial planner may be a very good solution to some client problems and issues.

Ed note...The WRIT accepts informative guest columns from persons in complementary fields of endeavor which may assist a law student or attorney in meeting the needs of the future or present client. If you know someone who can provide such information, please refer that person to The WRIT's email address: msl dot writ at gmail dot com

Attorney Hamisi R. Ingram Addresses Human Rights

2005-10-13T10:07:00.000-04:00

By Sylvan Lashley, 3L

Sylvan Lashley, Featured Speaker Attorney Ingram, and Dane Dowell

Photo by WRIT Photographer, Kendra Cooper, 3L

On October 4, 2005 at noon in the new courtroom at MSL, the Black Law Students Accociation (BLSA) hosted a Human Rights and Opportunities networking opportunity with speaker Attorney Ingram addressing the issues law students can expect in the future and the roles law students can play in Business and in the Community. It was well attended.

Ingram, a Howard-law school trained lawyer declared that law prepares individuals for a variety of careers. Self-assured and easy-paced, Ingram heads up a non-profit organization in nearby Connecticut. He compared and contrasted law schools that prepared academicians and those that prepared practitioners. He noted that some of the least known law schools had prepared some of the sharpest criminal attorneys.

Ingram spoke within the frame of black professional development. He utilized the strains of Booker T. Washington's theme of self-help, Dubois' academic emphasis of the "talented tenth" and Martin Luther's "civil rights". Ingram asked whether there would come a time when there would be no need for civil rights or affirmative action. He concluded that affirmative action and civil rights are cyclical--that is, as problems are resolved, new problems are created, and thus the need for lawyers in both areas continue to exist. Ingram noted that in the early to mid-fifties, there were black-owned businesses and organizations, but now, due to integration, many of these businessess and organizations no longer existed. Affirmative action, he says, involves the element of basic preparedness and readiness and ability to do the job. It is not a sop for lack of ability or the fulfillment of racial quotas.

Ingram integrates Booker T. Washington's philosophy, that of W.E.B Dubois and Martin Luther King, Jr., when he proposes that the way forward for lawyers is to be prepared academically to enter law practices, but to combine practice with the individual ownership of a business. He uses his own experience as a prime example--he has owned television stations, radio stations, etc.

Fiercely individual and competitive (Booker T), Ingram's smooth and well-polished appearance and a calm exterior masks an intensity of purpose--He's ready to put anyone away who flagrantly violates our laws.

BLSA Note: if you would like to visit a website of black lawyers, go to

http://www.black prof.com

MSL Student Published in the National Jurist

2005-10-11T17:34:00.000-04:00

Jackie Whyte, 3L and former Writ columnist, has been published in the October 2005 Issue of the National Jurist which is now on the stands. MSL students can find copies of the National Jurist in the cafeteria.

As a Writ coumnist during the 2004-2005 school year Whyte was well known for her humor columns.

Whyte's present humor article, on page 54, is "Legalese as your mother tongue. "

Congratulations to Ms. Whyte on her achievement!

President Lincoln address MSL students on Freedom of Speech in a Time of WAR

2005-10-03T12:51:00.001-04:00

Photos by Kendra Cooper, 3L
(photos are clickable for a larger image)

MSL hosted an Abraham Lincoln impersonator who spoke on freedom of speech during a time of war.

MSL subsequently hosted an educational conference featuring historians, history professors and authors on October 1st and 2nd.

For more information, please check out the article in the Lowell Sun:
http://msl.edu/NEWS/Articles/Lincoln-LowelSun.pdf

2005-10-03T12:51:00.000-04:00

Associate Dean Coyne and Dean Velvel pose with Honest Abe

2005-10-03T12:50:00.001-04:00

Time for a pleasant chat

2005-10-03T12:50:00.000-04:00

President Lincoln and Dean Velvel

2005-10-03T12:49:00.001-04:00

President arrives at MSL

2005-10-03T12:49:00.000-04:00

The Presidential Family

2005-10-03T12:48:00.001-04:00

The President Arrives

2005-10-03T12:48:00.000-04:00

The president's personal driver

Saddam and the Super-Beings - A Contracts Story

2005-09-25T16:58:00.000-04:00

By Sylvan Lashley, 3L

Once upon a time, three Super-Beings got together and decided to make a being, a little lower than themselves for their own satisfaction and happiness, and they did so on the sixth day of all their creativity, although they were under no obligation to do create the little mini-being.

They installed the mini-being, whom we shall call "Saddam," in Boston Gardens and promised him that they would all protect him, on condition that Saddam dress and keep the garden and not eat the plums on one of the trees, a type of unilateral contract, where a promise was being exchanged for Saddam's performance. In doing this, they were taking a big risk, because should Saddam fail to perform, then there would be literally hell to pay, and they stood the chance of losing all their followers in the Super-Being realms.

Saddam, eager to please, started to keep the garden immediately because the promise of protection was too good to pass up. He decided to give up something he had no legal obligation to really do, since the Super-Beings were also giving up something. Saddam, an inquisitive MSL student, just could not keep his hands off the plums which were located far out of his reach on the third floor of the Boston Gardens, and breached the contract full and proper, knowing full well that the penalty was expulsion from the garden.

The Super-Beings were really upset, because they wanted to reserve these plums for themselves. Normally, they shared them every noonday at lunch time in full view of Saddam and his cronies. Not truly wanting to expel Saddam, or fall in the bad graces of other Beings around, they decided to make a deal. This time around, they decided to have the deal work both ways and make the deal bilateral instead of unilateral, exchanging a promise for a promise with double rights and duties on each side. The Super-Beings decided this time to make a clear and definite offer, communicated to Saddam in direct iron-clad terms, and in writing. The instructions in the offer were that Saddam should indicate his response in like manner, with no allowance for even a minor departure. Their offer had a price, essential terms and conditions of what Saddam should do and when, and appeared to be reasonable on its face. It was not just a mere statement of opinion, an advertisement, or some type of inquiry or even an illusory promise since Saddam was going to give up something and the satisfaction of the promise made by them was outside of their control it depended on Saddam. They said, One of us offers to be expelled in your place, because we really like you.

The offer was made in manner that it was difficult, although not impossible to be terminated, since after all, they were masters of the offer. In order to do this, it was arranged that there would be no destruction of the subject matter, namely the expulsion of any of the Beings from the triumvirate, that no laws would be passed to abrogate this type of offer and that there would be no revocation of the offer. Since Saddam had begun performance, there was no chance of a revocation, since of course merchant laws did not apply.

Meanwhile, the Beings had another offer in the works. This was an offer to Saddam's two sons - Lain and Babel. These two were promised great riches and wealth in return for making a specific and detailed ritual involving the killing of a lamb, and burning it on a wooden pyre, with very specific details. But Lain was a techie farmer, and hated lambs anyway, so he decided that he would perform on his own terms, and brought a large basket of his tomatoes and cell-phone in place of the lamb into the most sacred place that was filled with large Socratic volumes. This was a big "no-no" because the Kingdom Rules said that acceptors were to indicate acceptance only in the terms of the offer, and the ringing cellphone caused quite a commotion when Lain entered the sacred place with tomatoes happily perched on his head, and with the signed counter-offer in bold print on the side of the basket. Meanwhile, his brother Babel brought a lamb as directed, since the three Beings were masters of the offer.

The results were almost predictable. Saddam decided to accept the offer to have the Being expelled in his place, and promised to live a life where he would never pick plums from the third floor again. He posted his letter in Roxbury by "Spedex," with his promise to perform in like manner as he had been required. But Lain was not so fortunate. His performance was rejected, while his brother's was accepted; in fact, his strange offer became a new offer to the Beings, but they were not interested, and allowed his offer to lapse for want of attention and response, one of the ways that offers can be terminated. Lain was expelled from the garden, and Saddam and Babel remained.

The Beings were not fully satisfied as yet, because they wanted to be sure that they were doing something that they were not legally obligated to do, and that Saddam, Lain and Babel were doing the same. They figured that indeed there was a bargain for an exchange, and that there was a detrimental reliance of all the parties on each other. A clause was written into the agreement to ensure that there could also be substitutes for any consideration. There was now a contract between the Super-Beings and Saddam and the Super-Beings and Babel, Lain having forfeited his right to an offer. There was now a contract in place with rights and duties allowed for assignment and delegation of the rights of the contract. In that manner, Saddam was able to pass on the benefits of the contract that were to vest after his death to his three children. Unfortunately, not all of Saddam's children decided to accept the assignation and to continue the terms that Saddam had agreed upon.

In addition, Saddam quickly made a will which was jointly incorporated by reference into the contract, in full and integrated fashion with only room for explanation, rather than supplementary or additional terms. There was no need for parol evidence, since it was decided that the terms of the contract were clear and unambiguous and completely integrated.

At last examination, Saddam's sons were inquiring into the $700.00 fee that they were paying for a spot in the Garden, wondering whether it was an agreement or contract, and how that term had been slipped in. They could find no offer for that specific term, and wondered whether there had been some type of undue influence, or economic duress that had brought the fee about--they were not sure what promise was extracted in return for the payment of the fee.

The examination continues apace until the next time.

Negotiation and Mediation Meetings

2005-09-25T15:37:00.000-04:00

Students attending Monday/Wednesday mediation and negotiation sessions must register with with Dan Harayda at the front desk.

The large group is scheduled for Friday, Oct. 21st 4 pm – 6 pm and the small group practice session is scheduled for Monday, Nov. 7th 6 pm – 8 pm.

Please remember that attendance is mandatory for those attending any class requiring mediation and negotiation training workshops and court sessions.

Deaf Lawyers Website Moves

2005-09-22T22:19:00.000-04:00

DeafDGA.org for deaf and hard of hearing attorneys has moved from it's old site to http://www.deafattorneys.com It is open to any deaf or hard of hearing attorney or law student. Hard of hearing or deaf law students have free enrollment.

September 26th SBA Meeting Rescheduled

2005-09-21T23:39:00.000-04:00

The September 26, 2005 open meeting of the Student Bar Association has been rescheduled to September 29, 2005 at 1 p.m. in the MSL cafeteria.

What's CALI and Why Should I Care?

2005-09-21T13:49:00.000-04:00

A law school student's time is precious. Having entered law school we have found that friends, family and sleep often are seriously neglected. What is this CALI and why bother with one more thing that eats up time?

CALI - the Center for Computer-Assisted Legal Instruction is just about the best thing next to a private tutor for learning the nuts and bolts of black-letter law. In addition to the CD most students received with CALI on it, there is also a website with all the latest updates. http://www2.cali.org/. Get the school password off the yellow flier on the door of the computer lab next to the reference desk.

CALI has restructured the home page to include the 10 1L Lessons downloaded yesterday, the top of last week, and other topical issues. The CALI section on property law is excellent. The lessons are created by professors at law schools and they can be made a part of courses to enhance the student's experience - and it is free secondary resource material. For 2 and 3L's there is now a listing of yesterdays top downloads and last week's top downloads that concern your studies.

Why use CALI?

CALI is interactive. You don't just read - you read and practice answering questions. Don't do the lesson just once - do it several times, until you know the answers ahead of time - that way when they come up on mid-terms and finals you will know the buzzwords when you see them and be able to respond quickly and accurately.

And for those of you who are web savvy, CALI now had RSS feeds so you can check new announcments in your browser.

CALI is a way to maximize your study time. Read your case, study anything in CALI that relates to it, read the case again and then get ready to brief. In the long run you will more than recoup the time investment because you will actually be drumming the black letter law into your befogged law student brain.

There are computers outside the computer lab that feature CALI. Use them. When you are home, get a copy of iTunes or some other program that can handle Podcasts so you can download and listen to CALI Radio Podcasts. Remember - iTunes runs on both PC's and Macs and is a totally free program.