Imagine my surprise when I opened the December edition of Student Lawyer (from the ABA Law Student Division) and saw Todd Chatman’s article “Join the Blawg Bandwagon”. Todd’s better known as mowabb/ambimb over at ambivalent imbroglio and Blawg Wisdom, both great blawgs worth checking out. I’d completely forgotten that I’d answered some questions for the article some time ago, so I was pleasantly surprised to see my name in print.
The article is a great resource for novice bloggers, although it’s interesting to see this appear in an ABA publication, given ambimb’s latest post.
The Blawg Buzz
Careers in Law
Evan Schaeffer over at Notes from the (Legal) Underground has a very excellent piece today about lawyers and careers.
As a self-styled entrepreneur myself, I’ve wondered what I would end up doing after law school. I don’t necessarily see myself working for a big firm, although I don’t rule anything out. I think, and I hope, that law school actually furthers my entrepreneurial spirit, and allows me to continue to do my think in my way, only with a little more experience and an edge against the competition. Time will tell.
Shirts for the Law Student in Your Life
I saw a link to these shirts from LawSchoolStuff.com on another Blawg. (AI? In Limine? I don’t recall.) And some of them are hillarious. I’m particularly partial to “Working Hard to be Average”.
Torts
I swear. Railroad crossings. Railroad turn tables. Cattle guards. Platforms. Sleeper cars. Switchbacks. Trespassers. If I read another case about some railroad related accident, I’m gonna puke. Torts should be called “Railroad Accident Liability”.
Re: Highlighter Evaluation Criteria
Sanford Liquid Accent Highlighters are the best highlighters on the market. The best highlighters exhibit the following qualities: (1) a visible ink reservoir, indicating the level of remaining ink; (2) a chiseled tip offering thin and broad strokes; (3) bright and distinct colors.
The Sanford Liquid Accent Features a “Visible Ink Supply”
The ability to clearly see the amount of ink remaining in your highlighter is a critical feature to prevent accidentally running out of ink during critical periods of book briefing. Prior attempts at utilizing highlighters without this feature have resulted in disappointing results, with ink supplies running low during critical book briefing in Cases and Materials on Torts. The inability to adequately predict the amount of ink remaining in inferior highlighters, such as the Sanford Accent RT or the Sanford Pocket Accent have directly resulted in missed dicta.
Other brands of highlighters, such as the Bic Z4 Bright Liner or the Pilot Spotlighter Supreme also feature a visible ink reservoir. However, the Bic Z4 Bright Liner and Pilot Spolighter do not feature a 360 degree viewing angle of the reservoir, resulting in period when the ink supply is obscured from view when held in a typical position for highlighting. The Sanford Liquid Accent avoids this problem with the ink supply clearly featured in a 360 degree view.
The Sanford Liquid Accent Features a “Micro Chisel Tip”
To achieve maximum versatility, a highlighter must be able to provide a thin stroke, for underlining passages or writing brief notes, while at the same time be able to produce a broad stroke for more traditional text highlighting. This feature is nearly universal on highlighters today, from the Spotlighter to the Bright Liner to the Accent Inspire.
However, the Micro Chisel tip of the Liquid Accent Highlighter can be distinguished from the “Unique Chisel Point” of the Spotlighter and the “Fine Chisel Tip” of the Bright Liner. The Liquid Accent Micro Chisel Tip (emphasis added) consists of a finer point than the “Fine Chisel Tip” of the Bright Liner, which allows for a finer line and greater readability of text written with the finest point of the tip of the highlighter. In addition to a lack of uniqueness, the Spotlighter fails to be either a “fine” or a “micro” chisel, resulting in inferior results when underlining or writing text.
The Sanford Liquid Accent Offers the Greatest Array of Bright and Distinct Colors
Advocates of highlighting methodology stress the importance of multiple color systems. Typical systems may employ one color for facts, one for holdings and one for procedural elements. Building on that, we can add a color for dicta, one for arguments by the defendant and another for arguments by the plaintiff. If we continue, and add one last color for items highlighted in a dissenting opinion, we are left with the need for no fewer than eight distinct colors.
Only the Sanford Liquid Accent highlighter can provide enough bright and distinct colors. The Bic Z4 Bright Liner offers only five colors: yellow, pink, orange, green and blue. The Pilot Spotlighter Supreme offers six: yellow, pink, blue, purple, green and orange. However, the Liquid Accent offers ten distinct colors: yellow, green, blue, pink, orange, indigo, purple, berry, red, and coral. This wide array of color offerings allows for a diversity of outlining systems.
Conclusion
The Sanford Liquid Accent Highlighter meets the required elements for the best highlighters. With a visible ink reservoir and a micro chiseled tip available in an array of ten colors, the Sanford Liquid Accent Highlighter is one of the best highlighters available to law students today.
Tomorrow, the author, who has clearly lost his mind and will do literally anything to avoid re-writing his first memo assignment will address the issue posed by his wife, “Do you like this chicken?” using the Neumann Paradigm.
I’ve been workin’ on the railroad.
Palsgraf v. Long Island R. Co. that is. My 1L sense is tingling. I have this strange suspicion that this is an important case and that my torts professor is likely to include it in an exam questions.
Reviews for 1L: Outliners
There are several products marketed towards the law student, designed to make you more productive in note taking, outlining, briefing, etc. There are three products that I looked at for this exercise, all are “outliners” if we use that term liberally. For this review, I looked at StoreLaw Outliner, Juristudents, and NoteMap.
First, a note about outliners in general. Some people really don’t really like outliners, and to be honest, I used to be one of those people. That’s because I really didn’t have any projects that required it. Generally speaking, whenever I would outline something, I was fine using Word, just cutting and pasting points around. For small outlines, that might be just fine. But on the whole, when I started working on larger outlines, I found it began to be really inefficient. Here are some features I think are key to a decent outliner:
- The ability to easily, on the fly, create new outline nodes
- The ability to easily reformat the outline (I, II, III, A, B, C, etc.)
- The ability to easily reorder the outline (grab nodes, and just drag and drop them into new positions).
First up is StoreLaw Outliner, an outliner/note organizer from the legal powerhouse, Thompson West. The price is decent; you can pick it up for around $65. I think that’s the cheapest thing you will ever buy from West, so maybe you’d better take advantage of it. The first problem with the StoreLaw Outliner is, well, it’s not much of an outliner. You can create your own outlines, but it’s really cumbersome to do so. Want to create a new topic, you right click, select new topic and then you get a pop-up. Way to break concentration and flow. Oh yeah, and grab something and try to move it. You can, but it’s not nice. You get no indication of where you are in the outline, just a little hand, and the program is pretty slow and not very responsive. You can use up and down arrows on the toolbar, but forget power outlining. For creating your own outlines, StoreLaw scores a big fat zero.
However, StoreLaw is from West, so you should expect something, right? Well, they provide a number of “pre-fab” outlines, based on the common textbooks for any given subject. Use the Prosser text for Torts? No problem! Just load up the West outline and you’re good to go! Unless, um, your professor jumps out of order, or skips a section, and now you’re back to trying to drag things around.
Now, because StoreLaw is geared towards students, it does have a nice feature, which allows you to keep notes organized. When you are in an outline, you can have tabs for case brief, class notes, key points, and secondary source notes. Those extra notes sections are associated with the outline node, so if you do manage to drag it someplace useful, your notes follow.
You can also export your notes, and the outline to Word, which is nice for printing, or um, probably something else.
Overall, I find StoreLaw to be slow and annoying. However, if you really dig on pre-canned outlines, this might be the right product for you. I have a Criminal professor who uses his own course packet, and a Torts professor who has his own order to Prosser, so it’s not as useful to me. Coupled with the shortcomings of the outliner, I don’t think much of StoreLaw. Rating: One Gavel.
Next up, we have another “for law students” product called Juristudents. Like StoreLaw, Juristudents is reasonably priced at $49 and comes to us from an (obviously) smaller company called Stare Decisis. Juristudents scores some major bonus points for being cross-platform. Yes, 98% of all law firms use PCs, and the vast majority of law students are going to work for law firms. But hey, props to the Mac users, they deserve good software too.
As an outliner, Juristudents suffers from many of the same problems that StoreLaw Outliner has, but takes them one level further. Creating new topics in the outline with Juristudents also involves the popups (hmmm, someone’s using a bad tree control for their outlines), and I couldn’t find any way to rearrange topics in the outline.
Juristudents does allow you to insert case briefs and statutes into your outline, and view them in conjunction with your class notes, which is nice. It’s more limited than the pane viewing found in StoreLaw, but like StoreLaw, it will also allow you to export your outline to Word, if you’re into that sort of thing.
Overall, Juristudents shows promise, but it is still a little rough around the edges. The get big bonus points for being cross platform, but I think I’ll wait for the next version. Rating: One-and-a-half Gavels.
Finally, we have NoteMap from CaseSoft. CaseSoft is a maker of software for lawyers, not students, so this one carries a lawyer price tag at $149. Yipes! However, NoteMap is the only one of the three that is a real outliner. You can create outlines very quickly and easily, no popups to create new topics, subtopics, etc. Just type. In this respect, NoteMap is far superior from an organizational standpoint. You can reorder nodes just by dragging them, and NoteMap has some grey lines that indicate where you are in the overall outline, which is nice if you outline goes fairly deep. You can also mark nodes in your outline, and attach comment “sticky notes” to topics as well. The default style for outlines (fonts, etc.) are, well, ugly, but you can easily change those.
What NoteMap lacks is the multipane viewing for classnotes and case briefs. Personally, I take my class notes directly in NoteMap, because it allows for a natural flow and easy re-ordering. It also has a feature that allows you to link a file to a node in your outline, so you can still link case-briefs or other outlines to your notes. You just can’t view them all in one frame. To give you some insight into how I use it, I create my briefs with a template in Word (sigh) and then link them to my class notes outline. So when I need to look at the brief, I double click on the link, and there it is. It’s not as elegant as the multiple panes, but it’s functional.
NoteMap is a vastly superior outliner to the other products, which is why I tend to like it best. It’s flexible enough that I use it for other projects, it’s not just for note taking (I use it in Legal Writing/Legal Methods/Lawyering Skills/Whatever for outlining memos, etc.)
That said, it is a whole lot more money. If I were rating it against the others just as an outliner, I’d give it three stars) but here, it’s just above the other two, mainly because of a personal preference for more outlining freedom.
Rating: Two Gavels.
Clearly, the software geared towards aiding law students needs a lot of work. However, they all beat the hell out of Word, and if you need (or want) something beyond law school, NoteMap makes a good deal of sense.
Old Timer, Part Timer
There are some distinct disadvantages to being an evening law student. The first is obvious; I have to work a full-time job and then go to school at night, which pretty much ensures that I have no personal time whatsoever. I can live with that. If my circumstances were different, I would probably enjoy school full-time, it’s just not an option.
The second disadvantage didn’t really occur to me until recently, which is everything here is geared towards full-time students. There are some student groups I’m interested in, specifically the Intellectual Property Law Society. They are having an informational meeting. At noon. The Intellectual Property program here has round-table discussions. In the mid-afternoon. The Student Bar Association had a “technology feedback” session for students to provide their perspective on technology at the school. Yes, noon. So pretty much anything outside of my classes that I might want to participate in, which would make me feel more a part of the school, or more complete in my law school experience is geared towards everyone who is available during the day, which pretty much excludes the second-class citizens of the evening program.
I don’t blame the school, I do understand that the day program is where it’s at, and if I could, I would probably consider transferring. However, I’m not (as are some of my classmates!) in the evening program because I couldn’t get in the day program. I’m not here biding my time until I transfer to the day division. I’m here because I have family obligations and a job that provides security (and which I enjoy) and I am still serious about the study of the law. I do sometimes wish the school did a little more to acknowledge that.
What is with all the typing?
Seriously, what are you so diligently recording in your notes? I swear, from the cacophony emanating from your keyboard, I think you must be recording every single word that comes out of the professor’s mouth. Oh, come on now. That student just pulled that out of their butt, and the professor is even hemming and hawing, with a “well… I’m not sure that is what the court was getting at…” and there you are tippity-typing away. Is that exchange really going to help you on the exam? Or are you just recording every word so you can digest it later? That doesn’t seem like a good way to take notes to me, because you seem to be lost in your keyboard and missing the discussion. I could be wrong about that, but when the professor called on you, he had to repeat his question. Not because you didn’t hear it… in one ear and out the fingertips. But you certainly weren’t listening. Oh well, you’ll probably smoke me on exams anyway.
Facing the Truth: I am a Gunner
During orientation last week my criminal and legal writing classes actually met, so we did get a “preview” of what’s to come in regular class sessions. Today, we met for regular class, Criminal Law, followed by Legal Writing. It was a complete and utter blast. I am super charged and ready for this semester. I wonder how long this will last?
I did have a personal revelation today, during criminal: I am a gunner. Yes, I’d read the dreaded warnings about gunners and the consternation they cause other law students. I certainly didn’t mean to cause any students anxiety and I sure don’t want to be “that asshole”. I just can’t help it.
When the professor poses a question, my hand just involuntarily creeps up. Not always, there are times when I don’t really get what he’s asking, or genuinely don’t know the answer. But more often than not, I found my hand was raised, and I did get called on. And when I got called on it felt great.
Why did I enjoy it so much? A couple of reasons: first, and most importantly, I wanted confirmation that I was on the right track. Not necessarily validation that I was “right”, but that I understood what was going on in the case as well as what was going on in class. Second, I like the Socratic Method. Yes, I’m a freak. But I think that dance is really great. Today the criminal professor “hammered” on one of my points, and it was fantastic. He actually made me re-examine my stance, analyze the issue a little more, and in the end, I drew a new conclusion that was more appropriate to the case. And I knew why it was, and how my initial impulse was flawed. I’d always feared that the Socratic Method was just a clever guise for torturing and humiliating students, but at least for today, I actually got the oft stated higher goal of learning through questioning.
So, I like speaking in class. And I like the Socratic Method. And I guess that makes me one of the “gunners”. Now, I just help I can avoid being one of the assholes.