American Law School

8/3/2019 American Law School

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American Law SchoolMomo-o, Matsuo & Namba

March 1, 2006



What is the difference between a collegeclass and a law school class?

In college, the professor walks in, says “Good morning, ” and the students reply, “Good morning! ”

In law school, the professor walks in, says “Good morning, ” and the students look down at their notebooks and . . .write , “Good morning. ”



The First Day of Class

“Look to the left of you, then look to theright of you; one or two of you will not behere next year. ” This was the traditional way law studentswere greeted on the first day of class.Professors no longer say this!



Today’s Topics

Getting InThe Law SchoolSystemThe Law StudentThe First YearTeaching Method

Myths andCommandmentsMost EffectiveLearning ToolsExpenses

Advice from Two

Japanese Attorneys



Getting In191 ABA-approved law schools

2005 Total Law School Enrollment 148,273

2005 Total J.D. Enrollment 140,298

2005 Total Male J.D. Enrollment 73,685

2005 Total Female J.D. Enrollment 66,613

LSAT TestLaw schools acceptstudents right out of college; MBA programs usually donot



The Law School SystemThree yearsLaw clerk at firm after first yearSummer associate at firm after second yearOffer from firm at beginning of third year

Professional responsibility test spring semester of 3rd yearGraduationBar review courses in summer following graduationBar exam at end of July after final yearStart work at firm in September following bar exam

Receive bar results in OctoberTake bar again in February of next year if necessary



The Law Student

Most of the students are under 25, butages range up to 55Predominately white

At my school, just over half the class wasfemale



The Law Student cont.Comments from Actual Law Students

“I tell my friend that we law students are no different than anyone else. It's an information game. Use yourinformation to beat the other person. You get the prize or you don't. Law students love to argue but love winningeven better. We're not any smarter or certainly not any more valuable than anyone else. We are not special, butit is part of our training to think that we are. ”

“My ego says I must be special. Maybe law will allow me to be special, too. That is why I'm here. This law schoolthing carries with it a bit of prestige. Kind of makes me feel good. ”

“The only noticeable effect of law school on me is that I want everyone to know I'm in law school. Anytime I seean old friend from my hometown, I never fail to mention I'm in law school. ”

“Since I have been in law school, friends and family act differently toward me. Even strangers react differently

than they used to, when I am introduced as a law student. This change is both good and bad. Many of my oldfriends seem to resent me. ”



The First Year“It ’s like walking into a movie 20-minutes late. ” “It ’s like high school all overagain. ” Emotional rollercoasterOnce you think you understand, there is another thing that you do notunderstand. Peers will say, “What, you don ’t understand that? ” Law Review (top 10% and write-on)300 students divided into sections (usually 4 sections of 75 students each)First year ’s schedule is fixed: Legal Writing, Constitutional Law, CivilProcedure, Property, Criminal Law, Criminal Procedure, Contracts, Torts



Teaching MethodThe Socratic Method (the students teach themselves!)

Some teachers ask students to volunteer; some pick one person for the entire class;some go through the class list exactly once for the entire semester.Reading and briefing cases:Title Facts of the Case Issues Decisions (Holdings) Reasoning (Rationale) Separate Opinions

Analysis Some students will get it; some won ’t. Some will break down. Some prefer not totalk.

http://www.lib.jjay.cuny.edu/research/brief.html
















Teaching Method cont.The Joys of Legal Writing

The Bluebook (rules of citation)IRAC

I ssueR ule

ApplicationConclusion

May be taught by a TA (teacher ’sassistant)It ’s "a grimly literal, linear, step-by-step process of thought. “



MythsMyth #1: All professors teach the same way. There is no one Socraticparadigm, no singular model in which all law teaching is rooted. The onecommon approach from a teacher ’s perspective is that students need tohave their minds challenged, changed, and expanded.Myth #2: All law schools are filled with brilliant people.Myth #3: The quality of law school education has a direct connection to the

reputation of the law school. Usually, the more elite the institution, the lessit is a “teaching ” institution. The professors are less available to thestudents.Myth #4: Law school is ecstatically exciting or basically boring. It is whatyou make of it.Myth #5: Legal education is completed when you graduate. You are ageneralist when you graduate. The practice of law in the U.S. is that of specialists. You will probably know the entire body of law much betterwhen you graduate then 10 years into your practice.



CommandmentsCommandment #1: Read the cases. Nothing invites disaster more easily.

Commandment #2: Use one outside source. You will not have time to use more thanone and you will confuse yourself.

Commandment #3: Create your own outlines.

Commandment #4: Recognize that words have many meanings. The variedinterpretations of what was said or written will be a central theme of courses likeContracts or Uniform Commercial Code.

Commandment #5: IRAC. Do not think that you are above it.

Commandment #6: Keep a big picture. You can not learn it all.Commandment #7: Participate. Why not practice your communication skills.

Commandment #8: Do not take law school home with you.



Most Effective Learning ToolsIn order from least important to most important

The ProfessorsThe Ugly Secret. Professors are not trained as teachers.Socratic Method. Many different styles of teaching. Failure is a necessary part of the learning process. They willnot be afraid to tell you that your thinking is lazy. In fact, they are being paid to do so.Don’t get caught in the “cult of personality. ”

The StudentsWhat goes around, comes around.Job market demands the hierarchy created in law school.Listen to your students, form study groups with them, and, most importantly, learn from their mistakes.Cheating. Law is a self-regulating profession and that begins in law school. Learn the rules of citation and bevery careful about plagiarism.

YouLaw is a self-teaching discipline. You will need to engage in ACTIVE learning. What is active learning? It ’sapplying the rules that you have learned to a new set of circumstances. Don ’t be discouraged by the basicframework (IRAC).



Expenses

Tuition$25,000 on average (JPY 2,902,750)

Average Annual Living and

Book Expenses for 2004-2005 per ABA $11,094 (JPY 1,280,000)

I believe that in major cities the figure is closer to:$18,000 (JPY 2,089,000)

DebtMany students have over $100,000 (JPY 11,611,003) in

debt upon graduation



Advice from TwoJapanese Attorneys

1) NYU LL.M. now practicing in Osaka2) Columbia LL.M. now practicing in Tokyo



NYU LL.M.Basically, I loved the LL.M. program at NYU.

Some things that surprised me were:

1) Some professors were very good and others were pretty bad. From theviewpoint of Japanese, the difference of quality among faculty seemed huge.

2) Students ask many questions in lectures. This was quite a shock. This doesn ’t happen inJapan.

3) Some questions by non-Japanese students were silly or “basic. ” These were questions thatJapanese students simply would not ask.

In other law schools, some attorney friends of mine told me that they were really stressed by theincompetent administration of their law school in dealing with such simple matters as taking careof the student visa. Fortunately, NYU was very good at taking care of student visas.



Columbia LL.M.Law School

Top practicing lawyers will come and teach as visiting professors. Choose classes that are taughtby those lawyers over those that are taught by professors.

Administration support was not good. There were 20 Japanese LL.M.s in my class. The facultyand administration didn ’t really care about us. Student services will not be a big help (finding anapartment, etc.).

A teacher ’s assistant teaches legal writing. The quality of instruction can vary.I wish I asked more questions in class. Teachers will generally not call on the Japanese LL.M.s.Raise your hand and participate.It ’s easy to graduate —I wish I ’d taken more classes.I was struck by how much pride the law students had. Even students at Todai don ’t walk aroundwith that much pride.The Bluebook is so strict! It even tells you which font to use.Socratic method. So much time will be taken to learn something that could be taught in 5minutes. Students will miss the point again and again.Don ’t ignore the Japanese group. Keep good relations with everybody. On the other hand, donot become too involved in the gossip of the group. You will see that after law school, yourJapanese friends will become your clients.The textbooks are so heavy. Keep all your books at school in your locker. Take one home atnight.Go visit the professor at his office. Japanese don ’t take advantage of this.



Columbia LL.M. cont.Bar Exam

50% of Japanese pass the NY bar. This is higher than the 3% passage rateof the Japanese bar. However, it is not a good rate. Basically, you have 2months to study. That is not a lot of time at all. You must study hard. Istudied 10 hours a day. I got through 3000 of the multiple choicequestions.

Life in NYCNY people can be cold and not even try to understand your English. But,you have to take the attitude that their English is bad and NOT yours!Be careful about the local train that turns into an express!Bring family pictures and music. Also, bring books that you will need if youhave already decided what you are going to be writing a paper on.

Visiting BengoshiThere was no work. I wanted to remain busy. I went out and did pro bonowork.Make sure that you ’ve saved a lot of money before coming to the States.Take the time to travel and really see the country. There ’s so much to see.

American Law School

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