Monthly Archives: July 2005

LawFool Explains How to Take Law School Exams

No fool he. UM's LawFool gives very sound Exam Advice.

It's not an accident that in every exam talk I give I tell students that the most common error is failure to answer the question.

Here's the “advice” section from a recent exam of mine:

Some Advice. Read the questions carefully and think about your answer before beginning to write. Organization will count in your favor. Unless the question directs otherwise, don’t forget to explain why you reject seemingly sensible options as well as why you select them.

Make sure that each of your answers focuses upon the specific question(s) posed. Take the time to organize your answers around a discussion of the most relevant issues of law raised by those questions. Don’t just state your conclusions. You should attempt to make the reasoning behind your answer as transparent as possible, and demonstrate your knowledge of the assigned readings (and where appropriate the approaches and viewpoints they represent.) And, when you make any but the most obvious general statement, it's often good to include a specific example. But don’t waste time quoting more than a few words from the relevant materials – just cite to them when they are relevant.

If you need to make an assumption, identify it clearly, and state why you are making it. If you need more facts to answer the question, clearly explain why each missing fact is important, and what turns on it. And remember, whatever you do, remember to give reasons for your answers…ideally reasons that demonstrate a mastery of the assigned readings,

Don't use abbreviations not found in a standard dictionary unless you define them on first use.

Posted in Law School | 4 Comments

Secret Service As Art Critics

In some countries, if you post something that is critical of the Maximum Leader, the police come around and suggest that maybe you are psychologically disturbed. Maybe they mention this idea to your family and your boss. Maybe they 'suggest' you'd like to retract your critique.

Amazingly, that's the United States today: When Bears Growl (Or how I become the subject of a Secret Service Investigation).

I don't object to the Secret Service following up on complaints. And if the subject of the complaint is web art on “Bush and guns” I don't think it is unreasonable to go and visit the author to see if he seems like someone likely to engage in violence.

But if the account linked above is accurate, then I think its fairly clear that somewhere in the investigative process the Secret Service crossed a line.

Bad apples or agency policy?

Posted in Civil Liberties | 5 Comments

America Needs You, Harry Truman

I told an old joke at dinner.

The story goes that shortly after the end of World War II, an American soldier and a Russian soldier were patrolling the demarcation line between two sectors in Berlin. Every day they would walk up and down, up and down separated by a line. Eventually the two got to talking. One day the Russian said the American, “I don't understand what is this 'freedom' business you Americans are always going on about. What use is 'freedom'?”

“I can explain,” replied the American soldier. “When I'm demobilized and go home, I can walk up to the gate of the White House and shout 'Truman is an IDIOT' — and no one will do anything to me. That's freedom.”

“Well,” the Russian replied, “if that is all there is to freedom, then we have freedom in the USSR too. When I go home, I can go up to the gates of the Kremlin and shout 'Truman is an idiot' and no one will do anything to me either”

“Is that still true?” a voice asked. Images flashed by: today's White House. Surrounded by barriers to keep the public at a distance. Anxious guards who hustle the President away any time a small plane takes a wrong turn. An administration that will do anything to insulate itself from criticism.

“Of course it's still true,” I reassured the children. “I can go right up to the White House today and shout 'Truman is an idiot' and no one will do anything to me, either.”

(Title inspired by Chicago VIII )

Posted in Completely Different | 5 Comments

Elizabeth Holtzman on Torture and Accountability

The Nation carries a very thoughtful article by former Congressperson Elizabeth Holtzman on Torture and Accountability [fixed, thanks!], i.e. how one might get some of the latter for the former. Recommended.

Posted in Torture | 2 Comments