DO NOT
LOSE THIS
SYLLABUS!!
If you do, please get another one from me immediately.
BUS 475:
Law, Lawyers, and Legal Education
Professor: Brad Reich
Office: Mc108B
Email: breich@ups.edu
Telephone: 253 879 3569
Class Time and Location:
TTH 9:30-10:50 WY 203
Office Hours:
Times: MW 8:00-10:00 and by appointment.
I’m frequently around anyway.
Course Description:
This course is designed to introduce students to the three components of the legal
educational experience: pre-law school and law school, post-law school careers, and the
legal environment as a whole. We will understand the theory, purpose, and procedure of
the LSAT, the theoretical and actual components of law school education, we will learn
to plan critically for law school and subsequent careers, develop basic electronic legal
research skills, and gain exposure to real legal fields. You will spend as much time
working on this course outside of the classroom as you will inside it. You will
continually evaluate why you are doing what you are doing. The course emphasizes
inter-related research activities and culminates in a major research paper.
What this Course is not:
1. An LSAT preparation program.
2. An intermediate or advanced legal research and writing class.
3. A specialized substantive law course, i.e. Constitutional Law, Torts, Civil Procedure,
etc..
Required Texts and Important Resources:
1. Deborah Schneider and Gary Belsky, Should You Really be a Lawyer?: The Guide to
Smart Career Choices Before, During, and After Law School. (“Text”)
2. William C. Burton, Burton’s Legal Thesaurus. (“Thesaurus”)
3. Much of your research will be done online. You will need regular access to
LexisNexis. This legal search engine is already provided, without additional cost to you,
through the UPS library.
4. You can learn a lot from the various articles, resources, and links available through the
Professional Development Center at FindLaw (http://profdev.lp.findlaw.com).
NOTE I: Please do NOT read ahead in the Schneider and Belsky text. There will be
times that we use it like a workbook and your first responses are likely to provide the
most value to you.
NOTE II: You may also wish to read The Happy Lawyer: Making a Good Life in the
Law by Nancy Levitt and Douglas O. Linder. This is not a required text, but it may
provide further perspective.
Course Objectives:
1. Cover substantive material as required by the course description.
2. Develop critical thinking, reasoning, and creative problem solving skills.
3. Demonstrate critical thinking, reasoning, and creative problem solving
skills through oral and written mechanisms.
4. Emphasize continuing learning, thinking, and accountability.
Requirements and Expectations:
1. Attendance is mandatory.
2. You will arrive ready to contribute, utilizing materials assigned.
3. If you cannot arrive before class begins, DO NOT COME IN.
4. IF THE DOOR IS CLOSED DO NOT COME IN (unless you have already been in).
5. Read the syllabus/schedule frequently.
6. Participate.
7. Meet due dates and deadlines
Believe it or not, this class can be fun and very interesting. It requires frequent
communication both within and outside of class and between students and faculty and
among students. The class also involves many in class group exercises. If you are not
here, or do not actively participate, it hurts you and others. Attendance is mandatory.
If you have a conflict you must get permission from me to miss class PRIOR to missing
class. If you miss class without prior permission I will reduce your overall grade at
my discretion. If you fail to meet requirements I will reduce your overall grade at
my discretion.
Having said that, if you make meaningful contributions in class work and discussions, I
may add participation credit to your grade at my discretion.
Email/Communication:
Email communication is not perfect; so do not expect it to be.
There may be times that I send mass emails to the entire class. I will do so using
Cascade. It will automatically send the email to whatever address Puget Sound has as
your primary email address. For most of you that will be your UPS email account, but
some of you will have created a different account and I won’t know it. You are
responsible for checking your email accounts regularly.
There may be times that you email me. If you do not get a response I DID NOT
receive your email. I always respond to student emails, although some may only
receive a “Got it” acknowledgement.
You must check your email at least once per day.
Grading:
I recognize that different students bring different abilities to the table, accordingly this
class offers opportunities to excel for those who research well, write well, speak well, and
think critically. There are no traditional exams or quizzes. Your grade will be
determined as follows.
Assignment 1 - Initial Perceptions Paper
Assignment 2 – Trial Observations Paper
Assignment 3 - Cost Paper
Assignment 4 - Choice Challenges Paper
Assignment 5 - Societal Perception Paper
Assignment 6 – Legal Path Paper
TOTAL
36
57
72
74
51
150
437
NOTE I: Anything that is due “class time” is due at the beginning of that class period,
not during or by the end of it. Late submissions will be reduced at my discretion and will
incur, at a minimum, a 5% point reduction. I may refuse to accept them, period.
NOTE II: I do not submit hand written materials to you and I will not accept them from
you.
I am planning to assign letter grades using the following scale, although I reserve the
right to modify it as I deem necessary:
A
AB+
B
BC+
C
CD+
D
DF
411-437
393-410
380-392
367-379
350-366
336-349
323-335
306-322
293-305
280-292
262-279
0 - 261
Mid-Term Grades:
School regulations require me to issue a mid-term grade of “S” (Satisfactory), “U”
(Unsatisfactory), of “F” (Failing the course). You will only be notified of your mid-term
grade if it is a U or an F. However, this grade only represents your status at a particular
point in time and your final letter grade could differ significantly (for better or worse)
from your mid-term grade.
What you REALLY need to understand:
This is a class about higher learning conducted in an institution of higher learning.
Diligence is expected.
This is not a class based on “effort credit” and effort credit will not factor in to your
grade. In other words, never confuse effort with achievement. You may feel that a
certain amount of effort or time should equal a certain grade. It does not. You can spend
a long time doing something incorrectly or you may master something very quickly.
Your scores are based on objective assessment criteria. If you meet those you will score
points, if you do not, you will not. I will not gift points for “trying hard”. On the other
hand, if you can excel with minimal effort, I will not deduct points because you did not
have to work “hard enough”.
What likely will become FAQs in this course:
1. What is a “lawyer”?
The term “lawyer”, when I use it in this class, means a person who has attained his or her
Juris Doctorate (“J.D.”). I take it no further as people do a wide variety of things with
that degree.
2. Who should be a lawyer?
It is impossible to answer this as it is, simultaneously, highly personal and very vague. I
can only provide the following thoughts. If you have identified a specific legal career,
genuinely researched it so that you are not relying on perceptions or imagination for
guidance, and can truly say that this career matches up well with your true personality,
skills, subject matter interests, work environment requirements, and future life
goals….then you should strongly consider that legal career.
3. Who should not be a lawyer?
Anyone who has failed to do any part of the above analysis. If you have not identified a
specific legal career, if you do not honestly understand what that career entails, and/or if
you have not (or cannot) determine that the requirements of that career legitimately
reflect your personality, skills, interests, necessary work environment, and future life
goals….then you should not consider a legal career as any such “pursuit” lacking this
analysis would rely largely, perhaps even exclusively, on luck. And you would have to
very lucky on multiple levels.
4. Should I be a lawyer?
That is for you to determine.
Extra Credit:
There is none available in this class. This class is all about you so the only way to give
“extra” is to short-change the course (and yourself) in the first place.
Special Needs/Disabilities:
Students with disability concerns are urged to contact the Disability Services Coordinator
at 253 879 2692 as soon as possible. I cannot accommodate a disability without an
official Directive from Disability Services.
Academic Dishonesty:
Just don’t do it in any way, shape, or form. If you do, it will be painfully obvious and I
am then required to do the following:
D. If the faculty member determines that a violation of academic integrity has
occurred, he or she is required to submit to the Registrar an Academic
Integrity Incident Report (available from the Office of the Registrar),
including reasonable documentation of the violation. The report should also
indicate penalties the instructor intends to impose and whether or not the
instructor recommends further sanctions through the Hearing Board process.
Please see http://www.ups.edu/x4718.xml for additional details and
information.
Emergency Procedures:
Please review university emergency preparedness and response procedures posted at
www.pugetsound.edu/emergency/. There is a link on the university home page.
Familiarize yourself with hall exit doors and the designated gathering area for your class
and laboratory buildings.
If building evacuation becomes necessary (e.g. earthquake), meet your instructor at the
designated gathering area so she/he can account for your presence. Then wait for further
instructions. Do not return to the building or classroom until advised by a university
emergency response representative.
If confronted by an act of violence, be prepared to make quick decisions to protect your
safety. Flee the area by running away from the source of danger if you can safely do so.
If this is not possible, shelter in place by securing classroom or lab doors and windows,
closing blinds, and turning off room lights. Stay low, away from doors and windows, and
as close to the interior hallway walls as possible. Wait for further instructions.
Disclaimer:
I do not expect to, but I reserve the right to change any part of this syllabus, at any time,
for any reason, as I deem necessary.
COURSE CHRONOLOGY
Class 1:
8/30 – Review syllabus and course structure.
Hand out: Assignment 1
DUE for next class: Contact the courthouse of your choice. You are probably
going to speak to the Clerk of Court. Find out when trials or other judicial
proceedings (hearings, sentencings, etc.) are running and open to the public. You
will be required to visit one soon, so I want you to determine the schedule in
advance. Turn dates and times in to me.
Note: Email me today if you have already taken the LSAT exam
Section 1: The LSAT – a necessary evil
Class 2:
9/1 - The LSAT I
- Explanation
- Take section 1 of the exam.
DUE: Assignment 1
DUE: Potential dates and times for judicial visit.
Hand out: Assignment 2
Class 3:
9/6 - The LSAT II
- Take sections 2 and 3 of the exam.
Due for next class locate, print, and read FINAL REPORT: Identification,
Development, and Validation of Predictors for Successful Lawyering by
Marjorie M. Shultz and Sheldon Zedeck, Principal Investigators
available at http://www.law.berkeley.edu/files/LSACREPORTfinal-12.pdf
“BUT WAIT! Its like 100 pages!! And parts are kind of complicated!!!”
Yes and a) it will give you further perspective on the theory underlying the role
of the LSAT and GPA in law school admissions, “success” in law school, and the
relationship between those two pieces and the later practice of law b) it should
give you pause for thought as you begin Assignment 3 and c) that’s about the
normal nightly reading load, per class, for the average first year law student.
Class 4:
9/8 – The LSAT III
- Take section 4 of the exam, score, and debrief.
- Discuss study aids and options.
DUE for next class: print, read, and be prepared to discuss these cases:
- Marbury v. Madison. You will find a somewhat manageable version at
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/marbury.html.
Hand out: Wickard v. Filburn
Hand out: Lexis Nexis access instructions
Section 2: A little knowledge – a lot of introspection.
Class 5:
9/13- Federal and State court structures.
Due for next class: print, read, and be prepared to discuss:
- International Shoe v. State of Washington. You will find it at
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0326_0310_ZO.html
- Cole v. Mileti, 133 F.3d 433 (6th Cir. 1998). You need to find it on your own. I
suggest LexisNexis.
Class 6:
9/15- Jurisdiction and the Pre-Trial Process
Class 7:
9/20 - The Trial Process: Video
Due for next class session: Locate and print out:
Shoshone Coca-Cola Bottling Co. v. Leo L. Dolinski, 420 P.2d 855 (Nev. 1966).
Gray Brown-Mortuary, Inc. v. Fred Patrick Lloyd Jr., 729 So.2d 280 (Ala. 1999).
Note: You do not need to read these cases prior to class. In fact it would best if
you read them for the first time IN class.
Class 8:
9/22 – NO CLASS: CONFERENCE
Class 9:
9/27 - Case Briefing and Issue Identification
Hand out: EEOC v. Wal-Mart, 187 F.3d 1241 (10th Cir. 1999).
Due for next class: Locate, print out, and read:
State of Washington v. Hobart, 94 Wn. 437, 617 P.2d 429 (1980)
State of Washington v. Hudson, 124 Wn. 107, 874 P.2d 160 (1994)
Class 10:
9/29 – Common Law Evolution I
Hand out: Terry v. Ohio
Minnesota v. Dickerson
Brief: Terry, Hobart, Dickerson, Hudson
Class 11:
10/4 – Common Law Evolution II
Conclude briefing
Complete and discuss in class assignment
Class 12:
10/6 – Field Trip (Olympia): Washington Supreme Court Oral Arguments
9:00 a.m. TBD
1:30 p.m. TBD
NOTE: We will depart from UPS at 7:30 a.m. by van(s). I expect to return to
campus no later than 4:30, and likely earlier. Food is available for purchase
within walking distance of the Supreme Court building. If you have particular
dietary preferences, I urge you to bring your own food and beverage as I cannot
guarantee what will be available there. Please also dress accordingly, this is the
highest court in Washington state.
DUE for next class:
1. Read: Text pp. 224-29
2. Print and read the following materials:
- Ronald W. Fox, Taking Control over Your Career and Your Life;
Alternatives to Law School for Those Who Want to Be and Looking for Law
in All the Wrong Places? Choosing the Best Law School. This is available
at http://profdev.lp.findlaw.com/index.html under the “For Law Students and
Those Considering Law School” subsection.
- Debra Moss Curtis, Teaching Law Office Management: Why Law Students
Need to Know the Business of Being a Lawyer (this is a law review article
available through LexisNexis).
- Richard Sander and Jane Yakowitz, The Secret of my Success: How Status,
Prestige and School Performance Shape Legal Careers (available at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1640058), you will have
to download it.
- David Segal, Is Law School a Losing Game? (available at
http://www.nytimes.com/2011/01/09/business/09law.html)
- David Segal, Law Students Lose the Grant Game as Schools Win (available
at http://www.nytimes.com/2011/05/01/business/law-schoolgrants.html?ref=lawschools)
Class 13:
10/11 – What is “Quality” Legal Education?
- Pedagogical theory and the “traditional” law school curriculum
- Theory and variables underlying the most popular ranking system
- Understand the need for logical analysis
- Understanding “Bang for the Buck”
Hand out: Assignment 3
DUE: You must email group membership and schools selected to me by 5:00
today. I will then send out a presentation order.
Class 14:
10/13 – NO CLASS: PREPARE PRESENTATIONS
Class 15:
10/18 – “Cost” Presentations
DUE: Assignment 3
Class 16:
10/19 – NO CLASS: FALL BREAK
DUE for next class:
1. Print and read Will Hardy, The Unhappy Lawyers (find it via Google)
Class 17:
10/20- THEORY OF LEGAL PROFESSIONS I, TOWARDS AN UNDERSTANDING
OF LAWYERS AND THEIR WORLDS: Decisions and Personalities.
Hand Out: Background
Hand Out: The War Within the Warrior
Due for next class:
1. Read Warrior
2. Complete Handout: “Background”
3. Locate, print, and read Dimitra Kessendies, Law Schools try to Address the
Happinesss Issue. This should be available at:
http://www.lawjobs.com/newsandviews/LawArticleFriendly.jsp?id=12024734815
32&slreturn=1&hbxlogin=1
Hand Out: Assignment 4
Class 18:
10/27 – THEORY OF LEGAL PROFESSION II, TOWARDS AN UNDERSTANDING
OF LAWYERS IN THEIR WORLDS: Skills, Subject Matter, and Work Environment
Bring: Text
DUE: Assignment 4
DUE: “Background”
NOTE: I will have individual meetings with students on Nov. 3 and 8. Please
sign up for one of the available slots posted on my office door. If your name is
not on a sheet by 8:00 a.m. on Nov. 4, you cannot meet with me. The failure to
sign up or attend will be treated as an unexcused absence.
Class 19:
11/1 - THEORY OF LEGAL PROFESSION III, TOWARDS AN UNDERSTANDING
OF LAWYERS IN THEIR WORLDS: Social Perceptions
DUE: Assignment 2
Hand Out: Assignment 5
Hand Out: Assignment 6
Class 20:
11/3 - Individual Meetings I
Class 21:
11/8 – Individual Meetings II
DUE: Assignment 5 (by noon, in my office)
Section 3: Basic legal research – very, very basic.
Class 22:
11/10- Federal Common Law
Bring: Thesaurus
Hand out: FloJo and Wal-Mart
Hand out: Too Fat?
Class 23:
11/15- State Common Law
Bring: Thesaurus
Hand out: The Divorce
Class 24:
11/17 - Federal Statutory Law
Bring: Thesaurus
Hand out: Discrimination?
Class 25:
11/22 - State Statutory Law
Bring: Thesaurus
Hand Out: Renting
Class 26:
11/24– NO CLASS: THANKSGIVING
Section 4: Legal Paths – What future do you want?
How do you know that?
Class 27:
11/29 – Presentations I (order TBD)
DUE: Assignment 6
Class 28:
12/1 – Presentations II (order TBD)
Class 29:
12/6 – Presentations III (order TBD)
What is involved in these presentations? The specifics will come from Assignment 6
(handed out on 11/1) and we will further discuss them in the individual meetings of 11/3
and 11/8. However, this assignment carries a high point total and will require
corresponding time and effort, so I provide the following now for those of you looking
and working ahead. I caution that though you have four weeks to complete the
assignment procrastinators will get buried.
Read: Text Chapter 7, Chapter 8, pp. 216-233
You will identify, interview, and shadow three people. The first must currently be in a
legal field that interests you (you think you would consider it as a career). The second
one can be, but they do not have to be (i.e. they may have been in such a field previously,
you may choose them because you know little or nothing about their field, they may have
chosen not to be in a field of interest to you, etc.). The final person cannot be working in
a legal field but must be in a career you would consider.
The following is merely an example of how you could allocate your time, although all
tasks discussed are mandatory.
Day 1: Identify the above three people. Set up dates for interviews and for shadowing.
You must interview before shadowing and you must interview and shadow a candidate
on separate dates. NOTE: IF you have waited until late in the semester to begin this step,
you are likely to have SERIOUS problems.
Develop questions for your interview. You must include these topics at a minimum:
1. Educational background.
A. How did their undergraduate educations prepared them for this career?
1. This must include where they attended, their major(s), and any
applicable activities while an undergraduate.
B. How law school prepared them for this career? (When applicable)
1. This must include where they attended, why they chose that
school, what it offered within their areas(s) of interest, and any
applicable activities while in law school.
2. If this person attended another form of graduate school please
ask the same questions specific to that institution and
educational experience(s).
C. What did their educations not prepare them for?
D. What outside of formal education and its opportunities interested them
in, or prepared them for, their current career?
2. Career path
A. Did they plan a specific career path?
B. If so, how has that progressed?
C. If they did not have a path, how did they end up in this career?
3. What is a day in the life of a person in this occupation like?
4. What are the most significant positives of this career?
5. What are the most significant negatives of this career?
6. How do they feel about their peers?
7. How do they think the public perceives them and the job they do?
8. How has this career and/or career path impacted their personal lives?
9. What advice would they give someone who was interested in pursuing this
career?
10. What do they wish they would have known before or during law school that
they know now?
Day 2: Interview candidate 1.
Day 3: Interview candidate 2.
Day 4: Interview candidate 3.
Day 5: Shadow candidate 1.
Day 6: Shadow candidate 2.
Day 7: Shadow candidate 3.
Day 8 on: Draft and revise.