Category Archives: Legal Education

Big city justices roll into Napa

The First District Court of Appeal convened yesterday in Napa to hear two criminal cases at a public auditorium before about 400 high school students. The justices also treated the students to a Q&A session.

Given that most people’s exposure to the law through the entertainment media nearly always involves a trial, this session strikes me as an excellent opportunity to educate the public about appeals. After all that exposure to movie-version trials, one suspects that the typical student, unless adequately briefed on the proceedings beforehand, would walk away from an appellate hearing saying to himself, “That’s it?” I’m curious whether that sentiment came out during the Q&A or in the preparation leading up to the event.

Also anticipating that sentiment was the reporter who wrote the article run by the Napa Valley Register the day prior to the session, who apparently had brief experience covering appellate decisions, and offered this comparison of trial and appellate proceedings:

While jury trials have some drama, what with the grilling of witnesses and introduction of eye-opening evidence, trials also can be tedious.

At the court of appeals, it is literally stand and deliver.

A lawyer has 20 minutes or so to persuade the court he or she is right, with the other side firing back from steps away. Either side can be undone by the justices, who can ask whatever they want whenever they want of whomever they want, making hash of a lawyer’s best-laid plans.

This actually strikes me as a a pretty fair layman’s synopsis of the differences between trial and appellate proceedings. It’s no doubt enough to scare some people out of ever considering appellate practice (probably the same people who prayed all during law school that their professors would not call on them in class). For the well-prepared appellate advocate, it not only can be a great challenge, it can also be quite enjoyable.

By itself, however, the comparison does not answer the “that’s it?” query. There are plenty of subtleties (and a heck of a lot of preparatory work!) involved in every oral argument. I will continue to write on those topics, but you can see what I mean by some of my earlier posts on the topic of oral advocacy.

Looks Like I was Wrong about Tweeting Jurors.

I didn’t think we’d see them anytime soon.  I was very, very wrong.

UPDATE:  So I got to thinking . .  . I’ve got 20 or 30 years left in my legal career.  Will I see a juror’s mental telepathy about a case raised as a ground for appeal?  I don’t know, but if mental telepathy is possible, it will sure change oral argument, especially how an advocate handles questions from the court.

Law School Rankings Under Scrutiny Again

When I last wrote about law school rankings (in the summer of 2007), it was in response to a post at the Law School Innovation blog rounding up some reporting and commentary on law school rankings, including an article in National Law Journal about a potential boycott of magazine rankings surveys used by the magazines to rank the schools. I don’t know whether any schools actually protested through a boycott, but yesterday’s Wall Street Journal gives the schools more food for thought.

Their front-page article, Law School Rankings Reviewed to Deter ‘Gaming,’ discusses the practice of some schools to admit lower-qualified candidates only to their part-time programs, where the qualifications of the students do not figure into the rankings by U.S. News & World Report. The potential impact on rankings resulting from fixing the loophole might create an incentive for schools to change their practices, with negative effects for students:

Counting part-timers would roil the law-school rankings, which have a big impact on where students apply and from where law firms hire. A number of law-school administrators interviewed about the potential change contend it could have another effect: narrowing a traditional pathway to law school for minorities and working professionals. Those groups often perform worse on the important Law School Admission Test, or LSAT, and schools could feel pressure to raise their admission thresholds.

A change in criteria would “catch the outliers but punish part-time programs that have existed forever and aren’t doing it to game the system,” says Ellen Rutt, an associate law-school dean at the University of Connecticut. If U.S. News makes the move, many schools with part-time programs would have a tough choice: Leave their admission standards for part-timers unchanged, which could hurt their rank, or raise the standards, likely shrinking the programs and cutting revenue.

My own school (University of the Pacific, McGeorge School of Law) had a robust evening program. Even though I was a full-time student, I grew familiar with the quality of the part-time students because many of my elective classes were taught in the evening (in order to make them available to the part-time students). If there was a significant difference in the amount or quality of classroom participation by students, I sure don’t remember it. (Of course, I have no idea if the part-time students at McGeorge were any “less-qualified” on paper than my full-time classmates.)

While I don’t think rankings are meaningless, I hardly think they are as important as many employers and applicants seem to think they are. It is distressing to me to see so much emphasis on a school’s ranking, especially when I read in the article about measures schools take specifically to improve their ranking.

If you’d like more detail about the article before you read it, read this post at WSJ Law Blog. Some of the commenters have very strong feelings about the magazine’s ranking system.

For an alternative ranking, see Brian Leiter’s Law School Rankings.

Does Legal Writing Get Short Shrift at Law Schools?

Ray Ward at the (new) legal writer wonders out loud about the practice of using fellows (one-year contract instructors) to teach legal writing.  Make sure you read the comments, which come from prominent legal writing bloggers Wayne Schiess and Alan Childress of The Legal Profession Blog, and perhaps more by the time you get there.

UC Davis Law Students Procure Ninth Circuit Reversal

Congratulations are in order for UC Davis law students Anjuli Fiedler and Rachel Golick who, under the supervision of UC Davis School of Law professor Carter C. White, represented and obtained a reversal for the appellant in Simpson v. Thomas, case no. 07-16228 (9th Cir. June 11, 2008), Maybe this happens more frequently than I suspect, but it strikes me as a pretty big deal. Especially since the appeal raised two issues of first impression.

Blogging Professors

The New York Times recently ran a piece called The Professor as Open Book, about professors (across all disciplines) sharing personal information on their blogs and social networking sites. How much is too much?

Hat tip: Legal Writing Prof Blog, where John Marshall Law School professor Mark Wojcik offers some commentary on the subject.

It was just last June when University of Colorado law professor Paul Campos wrote in a tongue-in-cheek way about being perhaps the last law professor in America without a blog.

You’ll see precious little personal info on this blog. I only got around to adding my picture a week or so ago. And that’s not exactly private in any event. Like many legal blogs, this blog functions in part as a marketing tool. Having my picture in the sidebar is no different than having it in the county bar directory.

Realism in Appellate Training

If we want students to learn to address an appellate court, shouldn’t the seating at moot court competitions at least resemble an appellate courtroom? All too often, it doesn’t, says Professor Colleen Barger at Legal Writing Prof Blog. Physical limitations of the venues hinder it, she notes, and she’s asking for suggestion she can offer moot court tournament organizers. If you have any, head over to the link.

Legal Research and the Bar Exam

Should legal research skills be tested on the bar exam? Legal Writing Prof Blog links to an article making that case.

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A Professor’s Lament and More Legal Writing Resources

Professor Austen Parrish of Southwestern Law School, as a guest writer at Prawfsblawg, laments the poor writing skills of first-year law students, including this comment: “Exam answers (at times written like lengthy text messages) can bring seasoned professors near to tears.”

He offers a list of helpful books.

The commenters on the post don’t seem particularly optimistic.

A Call to Law Professors and Those Who Know Them

Prawfsblawg posts Are you now or have you ever been a member of a debate team?  It is a call for participation by law professors in a worthwhile project.  (For that reason, this post incorporates almost the entirety of the linked post.  I’m sure Prawfsblawg won’t mind if it helps get the word out, but I’ll feel less guilty about it if you click the link to the Prawfsblawg post.)

Jim Speta , a law professor at Northwestern, is trying to identify law professors who debated in high school or college.  He’s seeking to make the case that debate provides skills and interest that lead students to consider law school, in order to support the expansion of the National Association of Urban Debate Leagues, which has been bringing debate back to urban high schools.

Professor Speta can be reached by e-mail at j-speta@northwestern.edu.When I was a debater in high school, I already had the U.S. Naval Academy and at least a 5-year military commitment firmly in my sights.  I was virtually the only competitor I knew — not just from my school, but from any school — that didn’t want to become a lawyer.  I wasn’t anti-law.  I was just headed in another direction.Whether my debating colleagues were already interested in law and  joined the debate team to gain lawyering skills or gained their interest in the law through their debating experiences, I couldn’t tell you.  Probably a little of both.But the answer to this “chicken or the egg” question doesn’t matter.  Whether the renewal of debate programs will foster an interest in the law or only draw students already interested in it, the National Association of Urban Debate Leagues seems like a good idea to me.  Students learn a great deal from debate and other forms of public speaking.

Law School Rankings

There’s a lot of talk out there right now about law school rankings.  I heard on the radio the other day that some liberal arts schools were boycotting the magazine rankings and that some law schools were considering doing the same.  The Law School Innovation blog has a post rounding up some recent articles about rankings, including a Wall Street Journal article about blogs ranking law schools, a WSJ blog post about alternative rankings systems (which includes lots of links), and a National Law Journal article predicting that the liberal arts school boycott is not likely to spread to the law schools.

Professor Rubinstein at Adjunct Law Prof Blog has some commentary on the situation, with links.

If you’re curious where your law school now ranks, you might want to check these out.