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Messages - chydiva82

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If it the choice was to either work part time at a law firm or join secondary journal in a subject you're not interested in, the firm work would probably be the better.

Law Review isn't the only thing out there that can enhance the resume.

You are right. The subject area is Biotechnology and Pharmaceutical Law. I dont think I can even fake an interest in this subject. I am grateful for the invite but I agree that there are other things that will enhance the resume. Thanks.

If one is offered a place on a school's secondary law journal, is it worth the time and effort investment to accept? Does it make any real difference to an employer? I know Law Review is the golden apple, but alas it's not in my cards, and I'm not sure if another journal would be a worthwhile time investment.


I'm in the same position. I was not able to grade on to the main law journal but was invited to join my school's secondary law journal (zero interest in the subject). I'm debating if it's worth the time investment. I would much rather participate in moot court as a way to enhance the resume. I'm involved in other activities and hold leadership positions but from what I hear being on a journal outweighs any other activities one is involved in.... Argh!

Current Law Students / Re: 1L Life?
« on: July 02, 2008, 07:34:31 PM »
How did you learn what works for you?  Did it magically click at some point?

I learned what works for me around mid-October. My school has midterms for 1L's. Once I got my exams back, I knew that my study habits were not working. I later found that I'm an auditory learner.  I learn best when I listen to others teach (study partners) and when I teach others. Also, I retain information by talking aloud. At this point, you should know how best you retain information which is 50% of the work. The other 50% involves testing your analytical skills by taking practice exams. (both timed and untimed)

I would suggest taking practice exams around mid-November. The KEY which people often miss is to show your practice exams to someone credible. Preferably your professor during office hours. If this is not an option, visit academic support, or any other resources available to 1L's at your school. After showing a practice exam to my contracts professor, he actually told me the grade he would have given me had it been an actual exam response. It wasn't what I wanted to hear so I kept making appointments with him until I finally got an A out of him! Of course, not all professors will be like this but the point is to have someone look over your practice exams so that you know you're on the right track.

ALSO, it's best to find out what works for you early on, even if it takes a little experimenting...are you a visual learner, auditory, a little of both? Do you get distracted easily by outside noise, do you talk when you write, do you find that you vividly remember what you hear as opposed to what you see. This all might sound crazy, but once I found out how to master the first half of the law school exam equation, I was well on my way!

Current Law Students / Re: 1L Life?
« on: July 02, 2008, 06:52:45 PM »
Oh, and here's my number 1 piece of advice:

Do not take advice from anyone with crappy grades. 

And people with crappy grades love to give advice as much as people with good grades. 

This is SO true. I often wonder why that is. Puzzling.

Current Law Students / Re: Question to law students
« on: June 27, 2008, 09:03:27 PM »
"Nothing you can do is going to help much."

So my doom is unavoidable? I should just welcome it with open arms? :)

I've posted on a million or so of these threads but you have it right. It's like being being pushed into the deep end of a swimming pool if you've never swam before. You'll kick, move your arms, and eventually figure out how to keep your head out of the water. By the time you have a semester or two under your belt, you'll be swimming laps.

You're better off drinking beers, reading for leisure, or doing whatever else you enjoy doing before starting law school. My big suggestion is that if you have to do anything, help yourself out by making a list of errands and getting them done before the grind starts (oil change, car inspection, doctors/dentist appointments, setting up your calendar, and the like). Not sure if you're into exercising or not, but if you aren't now's a great time to get into a routine. Aside from the physical benefit, the mental benefit is huge...helps keep you sane and energizes you to knock out a few more hours of work once you're done with your daily routine.
Before starting law school, I began reading one of those "guide to law school books" and got about 20 pages in and stopped reading cause it freaked me out. Now after looking back on the whole process, I think the author was over-dramatizing the "horrors" of law school a bit. I'm not sure what your personality is like, but if you're a bit high strung, I probably wouldn't read any of them. After finishing the whole process, I'd kinda like to read them now to see if their depictions are accurate.

Completely agree with the bolded. Most especially, the part about starting an exercise routine if you do not already have one. I worked out 3 to 4 times a week. So towards the evening hours when folks were drowning themselves in coffee, red bull and green tea and popping Awake pills, I was energized from a good workout and could go for hours.

Current Law Students / Re: Summer Prep
« on: June 26, 2008, 07:02:15 AM »
FWIW, I think figuring things out from the casebook is an important part of the whole process.  I don't start using supplements (and I only use treatises/hornbooks because E&Es are dumbed down and thus not helpful for complex exams) until about 3 weeks out from the exam.

There is really no point in stressing out about it over the summer.  The people who will "get it" first year (I'm not necessarily talking about the material) are going to "get it" and an E&E over the summer isn't going to help make you one of the students that "gets it." 

I've recommended the same two books - and only two books - for summer prep over and over again that may help you "get it."  The other thing you can do is become educated about the job process and start drafting cover letters and researching firms. 

More work doesn't necessarily mean better grades.  Knowing more on day 1 doesn't mean better grades.  I got a 3.9 in the class I didn't bother making an outline for.

See, what is this "get it"?  I'm frustrated by the mystification.  How can you get something and not be able to explain it to someone else? 

This may be incorrect but I believe Yellow is referring to "getting" how to take a law school exam. Most people will know the BLL back and forth or at least understand rules and exceptions to some degree. However, everyone will not know how to take an exam tailored to what their individual professors are looking for. Also, some folks will "get" how to study smart WAY before others finally catch on.

Black Law Students / Re: Any Nigerians Out There?
« on: June 15, 2008, 01:24:44 PM »
May 20, 2008, 2:11AM

In America, Nigerians' education pursuit is above rest
Whether driven by immigration or family, data show more earn degrees


For Woodlands resident David Olowokere, one of Nigeria's sons, having a master's degree in engineering just wasn't enough for his people back home. So he got a doctorate.

His wife, Shalewa Olowokere, a civil engineer, didn't stop at a bachelor's, either. She went for her master's.

The same obsession with education runs in the Udeh household in Sugar Land. Foluke Udeh and her husband, Nduka, both have master's degrees. Anything less, she reckons, would have amounted to failure.

"If you see an average Nigerian family, everybody has a college degree these days," said Udeh, 32, a physical therapist at Memorial Hermann-Texas Medical Center. "But a post-graduate degree, that's like pride for the family."

Nigerian immigrants have the highest levels of education in this city and the nation, surpassing whites and Asians, according to Census data bolstered by an analysis of 13 annual Houston-area surveys conducted by Rice University.

Although they make up a tiny portion of the U.S. population, a whopping 17 percent of all Nigerians in this country held master's degrees while 4 percent had a doctorate, according to the 2006 American Community Survey conducted by the U.S. Census Bureau. In addition, 37 percent had bachelor's degrees.

In comparison
To put those numbers in perspective, 8 percent of the white population in the U.S. had master's degrees, according to the Census survey. And 1 percent held doctorates. About 19 percent of white residents had bachelor's degrees. Asians come closer to the Nigerians with 12 percent holding master's degrees and 3 percent having doctorates.

The Nigerian numbers are "strikingly high," said Roderick Harrison, demographer at the Joint Center for Political and Economic Studies, a Washington, D.C., think tank that specializes in researching black issues. "There is no doubt that these are highly educated professionals who are probably working in the petrochemical, medical and business sectors in Houston."

Harrison analyzed the census data for the Houston Chronicle.

Stephen Klineberg, a sociologist at Rice University who conducts the annual Houston Area Survey, suspects the percentage of Nigerian immigrants with post-graduate degrees is higher than Census data shows.

Of all the Nigerian immigrants he reached in his random phone surveys 1994 through 2007 — 45 households total — Klineberg said 40 percent of the Nigerians said they had post-graduate degrees.

"These are higher levels of educational attainment than were found in any other ... community," Klineberg said.

There are more than 12,000 Nigerians in Houston, according to the latest Census data, a figure sociologists and Nigerian community leaders say is a gross undercount. They believe the number to be closer to 100,000.

Staying in school
The reasons Nigerians have more post-graduate degrees than any other racial or ethnic group are largely due to Nigerian society's emphasis on mandatory and free education. Once immigrating to this country, practical matters of immigration laws get in the way.

The Immigration and Nationality Act of 1965 made it easier for Africans to enter the U.S., but mostly as students or highly skilled professionals — not through family sponsorships, Klineberg said.

So many Africans pursue higher levels of education as an unintended consequence of navigating the tricky minefield of immigration, said Amadu Jacky Kaba, an associate professor at Seton Hall University in South Orange, N.J., who has done research on African immigrants in the U.S.

"In a way, it's a Catch-22 — because of immigration laws you are forced to remain in school, but then the funny thing is you end up getting your doctorate at the age of 29," Kaba said. "If you stay in school, immigration will leave you alone."

Although Kaba, who teaches Africana Studies, is not from Nigeria (he is Liberian), he said he, too, found himself pursuing a master's and then a doctorate to remain in this country legally.

But not all Africans have to go this route. Some say their motivation is driven by their desire to overcome being a double minority: black and African.

Take Oluyinka Olutoye, 41, associate professor of pediatric surgery at Baylor College of Medicine. He came to this country already as a medical doctor but decided to pursue his doctorate in anatomy to help set himself apart.

"Being black, you are already at a disadvantage," said Olutoye, whose wife, Toyin Olutoye, is an anesthesiologist at Baylor. "You really need to excel far above if you want to be considered for anything in this country."

Family expectations
All this talk of education creates high expectations for children of Nigerian immigrants. The eldest child of David Olowokere, chairman of the engineering technologies department at Texas Southern University, for example, is already working on her master's degree in public health in Atlanta; the middle child is pursuing a bachelor's in pre-medicine. His youngest, a son, attends The Woodlands High School. He already has aspirations to go into engineering, just like his parents, Olowokere beams.

"The goal is for them to do as good as us — if not better," he said.

Oluyinka Olutoye put it another way.

"The typical saying in a Nigerian household is that the best inheritance that a parent can give you is not jewelry or cash or material things, it is a good education," he said. "It is expected."

very interesting article. As a Nigerian born and raised in the US, I could relate to the testimonials :) Thanks for posting Sands.

Financial Aid / Reject the Grad Plus or the Sub Stafford
« on: June 14, 2008, 11:30:08 AM »

Maybe the below will be helpful...maybe not....your civ pro professor might approach erie differently..


A.   APPLYING ERIE: In diversity cases the court has the problem in deciding which law to apply.
1.   Is it Substantive or Procedural?
a.   Substantive = go to #2 - related to the cause of action or claims being raised
b.   Procedural = go to #3 - related to the  process of the case that needs to be followed 
2.   Is there federal law on point?
a.   YES. This is a HANNAH problem.  So, if there is a  federal law on point, we apply the federal law of procedure .  Hannah told us that this is not an ERIE PROBLEM. This is based on Rules Enabling Act, which was a congressional delegation that gave the authority to promulgate the FRCP, as long as the rule is valid under the constitution and is arguably procedure.  SO, in matter of procedure, where there is a federal law on point, the federal law will apply.  This is supremacy clause because the federal wins the state as long as it is valid and procedural.   HANNAH does not look at ERIE at all because this is a HANNAH problem
1.   Based on Rules Enabling Act (28 USC 2072):
1.   Is federal practice codified into a FRCP or federal statute on procedure?
2.   If so, is the federal rule directly on point? (this can be arguable - for instance, if defined narrowly: state law applies; if defined broadly: federal law applies)
3.   If federal rule/statute of procedure is on point, apply the federal rule.
a.   NO. Go to #3
3.   Then it becomes ERIE: Is it substantive or procedural?
i.   Is it outcome determinative? Pursuant to Guaranty Trust, federal district courts should apply the "outcome determinative" test in resolving conflicts between state laws and federal laws that are not purely substantive or procedural in nature. The quintessential "gray area" conflict involves statutes of limitations.
1.   Outcome determinative - whenever federal law would affect the outcome provided a tempting alternative to the dreary task of examining each issue, identifying the interests involved, and weighting them in some ill-define manner. State law will apply in this case.
a.   The problem with this test is that any rule becomes outcome determinative.  Ex: would be the size of the paper that was too small and the case would be dismissed based on that. Does that really mean that this is substance law? We are not sure how we limit this test.
ii.   Balance of the interest?  Countervailing Federal interest - Byrd case - in this case the federal court wanted to let the jury to hear this case where the state wanted the judge to hear this case. This is not outcome determinative because we do not know the outcome of the judge or the one of the jury. So, this is not outcome determinative at all.  Here we will weigh policies behind federal and state rules and determine whether there is a substantial possibility that different results would be obtained if federal practice is used. (it looks at which has a better reason for the usage) Here the federal court had a strong reason for this, but the state did not have a reason for the judge to decide the case. The federal interest was to allow the jury to hear the case, bc that is something that we would like to have.
iii.   What about the twin aims of ERIE?
1.   If the federal court applies federal law will it lead to forum shopping and inequitable administration of  law?
a.   Avoidance of forum shopping
b.   Avoidance of the inequitable administration of law
i.   How do you apply? ASK YOURSELF:
a.   If the federal court ignored the state law would it cause litigants to go to federal court???  IF SO, this is not a good thing because:
i.   It would be unfair  because the instate citizens can not go to federal court because they can not invoke diversity
ii.   We don’t want a lot of cases in the federal court
CONCLUSION: IF it violates the TWIN aims of ERIE we MUST apply the state law.
"The current law can best be understood as involving a three-question inquiry.  If there is no conflict b/tw state

and federal law, both are to be applied.  But if state and federal law, both are to be applied.  But if state and

federal law are inconsistent, the following questions must be asked.  First, is there a valid federal statute or

Federal Rule of procedure on point, such as a provision of the Federal Rules of Civil Procedure or the Federal Rules

of Appellate Procedure?  If so, then the federal law is to be applied, even if there is conflicting state law.  If

there is not a valid statute or Rule of procedure, the second question is whether the application of the state law in

question is likely to determine the outcome of the lawsuit.  If the state law is deemed to be outcome determinative,

then the federal law is used.  But if the state law is deemed to be outcome determinative, then the third question is

asked: is there an overriding federal interest justifying the application of federal law?  If state law is outcome

determinative and there is no countervailing federal interest, then state law controls.  Otherwise federal  law is

applied.  In applying this test, federal courts are to be guided by the goals of the Erie doctrine, which are to

prevent forum shopping and the inequitable administration of justice"

Black Law Students / Re: You are African? Your English is Excellent!
« on: August 13, 2007, 08:12:58 PM »

I'm Nigerian and get the same reaction to my "proper English" from time to time.

I don't trip though. Americans--white, black, yellow, etc-- are sometimes ignorant as hell! It's as though they subscribe to the following rule: IF IT DOESN'T AFFECT ME DIRECTLY AND IMMEDIATELY, THEN IT IS NONE OF MY CONCERN! I simply tell them Nigeria is a former British colony and ask if they've ever travelled overseas.  The answer is usually NO; this gives me a chance to educate them further.

So where are all you NAIJA peeps headed this fall?

Can I get a head count?

I just sent you a PM :)

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