Constitutional Law and POTUS

Since the election in 2016, I often tell students, “I am not a fan of President Trump, however, I truly appreciate how he has drawn attention to law in ways nobody could have predicted.” I don’t believe any president or any person for that matter has ever triggered entire populations (even beyond American borders) to ask, “Is that legal?” Or “What does the law actually say?” Or “Can a court really use his Tweets as evidence?” Or “He’s the President, of course he can do that.”

“Right?”

Legal experts banter on the news stations on a regular basis (nightly) those very questions and I, as a legal studies educator, love it. I am thrilled that people around the world are driven to learn how American law works, to ask questions, to dig deeper. People are motivated, I like to think, to learn about law. My favorite bit is the attention that Donald Trump has brought to our beloved United States Constitution. Impeachment, pardons, firings, hires, sanctuary cities, frustrations with the Department of Justice and with the 9th Circuit courts, among so many other matters, really do shine a light on the U.S. Constitution.

But I also know how challenging that endeavor of “learning law” can be.

As such, I want to direct your attention to a great podcast that tries to help all of us learn a little more about law, and the Constitution specifically. Please check out, “What Trump Can Teach Us About Con Law” hosted by law professor Elizabeth Joh and co-founder of Radiotopia Roman Mars. While Mars brings a bit of the resistance to the program (some snarky moments aimed at Trump), Joh does not. Acting in her professorial role, she approaches the legal questions smartly, objectively, and with a solid handle of the Constitution and related Supreme Court cases. It’s a wonderful, informative presentation that tackles big questions in 15 minute sessions (or less), in language that is quite tolerable for the non-legal populace.

You’re welcome.

Legally Me: The Struggle of Officially Redefining Yourself

Thought this was such a thoughtful and real post on the life of a lawyer who happens to be transgender. Worth a read.

Stories of a Seahorse Dad

About two weeks ago, the State of California, through a LA Superior Court judge, granted my legal name and gender change. I was very emotional when I finally got my hands on the certified copy of the court order. This was what I had been waiting for.

I filed my petition for a name and gender change back in February. I would have done it sooner, but the filing fee in LA Superior Court is $435, and I was still catching up on bills and debts following my graduation from law school and the following 5 months without income.

So I filed in February. All the websites I had read on the subject of filing a name and gender change made it clear that the petition would take about 6 weeks to process and grant. The state would have to clear my paperwork, and then run a criminal background check…

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If X, Y, and Z, then A: Legal Analysis is Simple

Today we’re excited to welcome Joel Trachtman, Professor of International Law at The Fletcher School of Law and Diplomacy, and author of The Tools of Argument: How the Best Lawyers Think, Argue, and Win to share some tips on conquering legal analysis.

via If X, Y, and Z, then A: Legal Analysis is Simple.

Spooky Law on this Happy Halloween!

Woke up this morning to the sounds of Halloween: zombie growls, witch cackles, the resonating scream of a vampire victim. Ahhh… marathon Halloween television. When I reached the kitchen, I grabbed a healthy handful of Sweet Tarts, drank my coffee, and reviewed my schedule for the day, I decided to search for Halloween case law  as a way to connect the parties to our continuing legal curriculum. And what a treasure trove I found.

The first is, Halloween Law by Victoria Sutton, a wonderfully appropriate textbook that would allow a school to teach an entire first-year law school curriculum using just Halloween-related cases. Imagine learning about constitutional law, criminal law, tort law, property law and contract law, all with a scary twist (as if law wasn’t scary enough!). Ms. Sutton even skips Chapter 13 in honor of Halloween superstitions. You can buy the book on Amazon.

Another interesting link that gives a good rundown on Halloween case law is Daniel B. Moar’s excellent article, “Case Law From the Crypt, The Law of Halloween” published October, 2011 by the New York State Bar Association. The best tidbit from this article is how tort’s classic “duty not to scare” is changed on Halloween eve. On that night only, our expectations change. Another juicy one is from the opening of the article, where the plaintiff sued her neighbor for defamation through the “tombstones” on the neighbor’s lawn:  “The decorations included an ‘Insane Asylum’ directional sign pointed towards the plaintiff’s house and a homemade Halloween tombstone purporting to reference the plaintiff, which read:

At 48 She had
No mate No date
It’s no debate
She looks 88
She met her fate
in a crate
Now We Celebrate
1961–2009″

In case you want to dress up as something law-related for Halloween, here’s a blog article from 2009 that offers some pretty good options for you, including dressing up as the Socratic Method (Greek-inspired toga); Assault and Battery (er… salt shaker and… a battery); and the Billable Hour (carrying around a hourglass and a billing statement…), among others. You get the idea. Speaking of Halloween costumes, LegalZoom offers some excellent advice to employers regarding employee costumes. BEWARE, they say!

We also have a blog post that certainly outdoes my humble offering of links, from Harvard Law Library Blog: Halloween and the Law: A Round Up of Links. More recently, however, is Jonathan Turley‘s excellent annual listing of Halloween cases entitled Spooky Torts. And since it’s an annual listing, you can look back on his blog archives and find all his excellent listings of litigation horrors.

Finally, a real-life horror: laws that prohibit sex offenders from participating in Halloween. Sounds reasonable, yeah? Reason.com disagrees!

Enjoy the reads, learn a little law, offer up your own Halloween law link, stay safely within the law…

and…. Happy Halloween, my friends.

Law and Fantasy

Ever wonder if Superman would be held liable for all the damage he does to city buildings? Or if She-Hulk would have a right to privacy claim when she was photographed sunbathing? These are very valid questions that need exploring. So a couple of blogs that will help answer such questions:

• Law and the Multiverse – this is an up and running blog that’s regularly updated.
• Superhero Law – this hasn’t been active in quite a while but has some great blog posts.
• Legal Geeks – this is a great blog. How can it not be? Admitted Geeks discussing all kinds of things from a legal point of view such as Dune and Battlestar Galactica

Enjoy!

Related articles

• Lawyer Analyzes Hobbit’s Contract (loweringthebar.net)
• FanDuel Secures An Important Victory In Daily Fantasy Sports Lawsuit, However Plaintiff Plans To Appeal (forbes.com)

Ten Top Tips when studying Law

Excellent tips! Ten Top Tips when studying Law. From the Lawblogist’s blog.

California State Bar Pamphlets – Excellent Information

Not only does the California State Bar issue licenses to attorney allowing them to practice law in California, but it also provides valuable information to the public on legal matters. They just recently updated the  “Kids & the Law: An A-to-Z Guide for Parents.” Other age-connected publications are “Seniors & the Law: A Guide for Maturing Californians” and “When You Turn 18: A Survival Guide for Teenagers.”

The pamphlets tackle specific areas of practice, too, including:

What Should I Do If I Have an Auto Accident?

How Can I Resolve My Dispute Without a Trial?

What Should I Know If I Am Arrested?

These pamphlets are FREE to anyone who orders it via the CA State Bar’s online order form.   I strongly recommend these to your friends and family.

What is Constitution Day?

What is Constitution Day?

On September 17, 1787, delegates to the Philadelphia Convention completed and signed the U.S. Constitution.  Congratulations, us!

Related articles

• ACLU | Today Is Constitution Day Of 2013 | For Me. For All. For Real. (tallahasseeo.com)
• Celebrate Constitution Day and Citizenship Day (texashomeschool.wordpress.com)
• Scalia Chides ‘Activist’ Colleagues on Eve of Constitution Day (legaltimes.typepad.com)

The Law Professor Blogs

Added a new link to the Blogroll: the Law Professor Blogs. An excellent source of opinions, news, and a myriad of legal contemplation from law professors across the country, covering the wide diversity of thinking in the legal education industry.

From the page itself:

Law Professor Blogs is a network of web logs (“blogs”) designed from the ground-up to assist law professors in their scholarship and teaching. Each site focuses on a particular area of law and combines both (1) regularly-updated permanent resources and links, and (2) daily news and information of interest to law professors. Our editors are leading scholars and teachers who are committed to providing the web destination for law professors in their fields.

Read away!

Related articles

• Acquisition of the Law Professor Blogs Network (taxprof.typepad.com)
• Law Professor Blogs Network Launches Four New Blogs, Seeks New Bloggers (taxprof.typepad.com)
• “Practice-Ready” Law School Grads: Bah Humbug (sbmblog.typepad.com)

Update: Washington Limited License Legal Technician Applications

On August 8, 2013, the Washington State Bar Association adopted a limited time waiver regulation to help ease long-practicing paralegals into the new profession of a Limited License Legal Technician.  The regulations allows experienced paralegals to bypass the educational requirements currently built into the general regulations.

Regulation 4 provides that a paralegal qualifies for the waiver if he or she pays the fee, submits the application form and provides proof that he or she has:

1. Passed the Certified Paralegal Exam conducted by the National Association of Legal Assistants (NALA) or the Paralegal Advanced Competency Exam (PACE) conducted by the National Federation of Paralegal Associations (NFPA);

2. Active certification as a Certified Paralegal with NALA or as a PACE Registered Paralegal with NFPA; and

3. Completed 10 years of substantive law-related experience supervised by a licensed lawyer within the 15 years preceding the application for the waiver. Proof of 10 years of substantive-law related experience supervised by a licensed lawyer shall include the following:

a. the name and bar number of the supervising lawyer(s),

b. certification by the lawyer that the work experience meets the definition of substantive law-related work experience as defined in APR 28, and

c. the dates of employment or service.

If that’s you, apply here. Take heed, however, there are expiration dates:

1. Final Deadline to Apply for a Waiver: Application for waiver due in WSBA office December 31, 2016.

2. Expiration Date of Approved Waivers: Approved waivers will expire December 31, 2018.

Basically, after 2018, all persons applying to become a Limited License Legal Technician will need to comply with all the education and testing requirements.