Law School Discussion

The well-pleaded complaint rule is explained in Louisville Railroad v. Mottley.  211 U.S 149. 

From what I have learned in class -- the federal question is one that is directly related to the cause of action.  The remedy for the plaintiff must be based on a direct question of federal law.  For example, if the claim is for a breach of contract (a matter of state law), and if the plaintiff can remedy their problem without ever touching any subject related to federal law, then the case may not be brought into federal court.  However, if the case "turns" or must be decided based on a matter of federal law, then the case is "arising under" federal subject matter jurisdiction and may be decided in federal court.  Also, the case can only be brought into federal court if Congress has allowed for a "private remedy" when passing the statute.  In other words, Congress gives the right to sue for private citizens.  If Congress explicitly states in the statute that there is no private right to sue, then private citizens may not bring suit based on the federal statute.

Have you read Merrell Dow v. Thompson for your class?  That case gives that factors to determine an implied federal cause of action. If it hasn't been assigned, look it up on Lexis or Westlaw -- you will see what I am talking about in the third paragraph under Section II -- 478 U.S. 804.

My civ pro professor is WONDERFUL!!!  It's my favorite class.

HTH.
Roxie

I already live in DC, so I will just keep my apartment.  I live close to the Red Line, so hopefully, my commute won't be too bad (the red line is a total mess, but whatever).

HU2007 - Did you buy a computer?  If so, what kind?  Do you take your computer to class?  What kind of computer does the school recommend?  Discounts?

THANKS!!!

Wow!  I leave the board for a couple weeks and look at all of this negativity!

Go where you think is best for you without thinking about numbers, rankings, etc.  You have to get the JD before you worry about all that other stuff -- and if you are somewhere where you don't have a support system, you will be packing your bags and leaving whether it is Howard or Harvard.  Worry about job prospects later.  As I have said b4, cream rises to the top no matter where you go!

Quote from: Roxie on January 10, 2007, 08:15:30 PM

Our bar passage rates are going up.  HUSL grads did well last year.  Dean Schmoke is emphasizing passing the bar from Day 1 now.  There is also a class offered for 3Ls during the spring semester that is essentially pre-bar review bar review.  The school is doing a lot to make improvements in that area because of the crucial importance of passing the bar.

roxie!

 ;Dsup!!

Wachtell has been going to Howard on OCI for years on end, yet they have 1 single employee in total from Howard, graduated in 1994. [/quote]

We had a HUSL grad go to Wachtell last year.  He prolly isn't on the website yet cuz he recently took the bar.  They don't put you on the website until you are official.

Also, people get offers from a lot of firms.  Just because we aren't there doesn't mean that we couldn't have gone there.  There is only one of me.  I couldn't go everywhere that I had an offer.  LOL.

Edited after I finished reading this thread:  There is absolutely NO POINT in obsessing about getting a job before you even step foot into law school. It is SUCH a waste of time to go through numbers and stats and websites to see who did what when where and how.  That doesn't mean that YOU will fit into whatever mold or category that some random Joe on www.bigfirm.com was in.  Do you.  Get your grades.  Get your work experience.  Get your accolades.  Then it won't matter where you go....you will end up working whereever you belong.

I have said this before on this board:  Law school is a mind game.  People tell all kinds of lies and fairy tales about everything!  From how many hours they studied, what they did and did not read, what their grades are, where they are interviewing, where they got offers, which professors asked them to be research assistants, what they had for breakfast on exam day...EVERYTHING. There are so many myths and legends about law school that lead to countless hours of obsessing and wasting time that could be well spent doing other things. 

This board, or anywhere else on the internet for that matter, is not the place to go for real information that will actually be helpful.  Talk to 2Ls and 3Ls that have been through a job search.  Find some black associates or alumni.  People say stuff on this board to get reactions without regard for the truth of what they are saying.