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Messages - legapp

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11
Studying and Exam Taking / Re: Studying for Civ Pro
« on: December 11, 2006, 01:06:24 AM »
Hi,

Can someone please explain erie/hanna/byrd to mee....I'm freakin lost and my
wounderful Civ Pro teacher confused me even more today.

Any help would be appreciated
Also, does anyone have an exams with answers. I just want to see a really good answer
putll all together. I suck at analysis

Thanks in advance


Sigh... Civ Pro test in TWO days, ugh!

So, Erie: overturned a 100-yr rule, established in Swift v. Tyson, that allowed federal common law to govern in fed cts.  Erie held that fed cts must use the state law of the state in which they sit (absent a fed statute or Constitutional provision).  The "twin aims" of Erie, as stated in Hanna, were to discourage forum shopping (notorious under Swift; see Black and White Cab Co) and to prevent the "inequitable administration of the laws" (what this means is kinda unclear, but basically: is there a good reason for using state v. fed law?).  Erie ALSO questions whether using fed common law in state cts is Constitutional under the 10th A (all laws not in the Constitution are left to the states) and grabs power for the courts not granted by Article III.  Most later cases ignore the Constitutional question.

Byrd introduces a balancing test, which it uses to balance the federal policy of applying state law in fed cts when the choice of law is "outcome-determinative" (as introduced in Guaranty Trust) against the 7th Amendment right to a jury trial.  So basically, balance choice-of-law rules against "other countervailing considerations."  This is rarely cited today, and may only come into play in 7th A. cases... further, if the 7th A. had truly applied here, it would obviously trump all: the ct said it only sorta applies....  So Byrd has issues.  My prof. loathes it.

On the other hand, he looooves Hanna.  In Hanna, a FRCP conflicted with a Mass. law regarding service requirements. To evaluate the legitimacy of a FR, Hanna asks: (1) is it valid under the REA? (2) Is it Consitutional?  If so, then it's valid--an expansive reading of the FRCP that basically mean they'll almost never be invalidated (indeed, no rule ever has).

However, Hanna is best known for its dictum, which later became the law in Walker. The court addresses the question of what to do when federal common law and state law conflict, as was the case in Erie. This section of the decision uses a modified outcome-determinative test, analyzing whether the result will change based on the law used, but also considering the "twin aims" of Erie (as stated above). 

Of the "equitable admin. of the laws prong," Walker provided some clarity: basically, the ct has to have a good reason to use the fed law instead of the state law.  Some of Byrd's balancing test may also come into play in this prong.

Does this help?

12
Pennsylvania / Re: Penn 2006 admitted students discussion
« on: March 02, 2006, 03:35:41 PM »
congrats to all...ive never been to philly...going to the admit weekend late march...anyone else?

I'll be there!  I already did the Preview Weekend, so I might skip some of the activities... but since I'm likely to end up at Penn, I thought I might as well check it out again.

If you PM me I'll send you back my real name if you want to say hi.

13
Pennsylvania / Re: Penn 2006 admitted students discussion
« on: January 29, 2006, 02:34:44 AM »
For those that got in, what are your LSAT/GPA scores like??  thanks.

You should go to Law School Numbers: http://www.lawschoolnumbers.com/

Under "search applications," you can select U of Penn to see what the breakdown is.  What you'll see if that Penn looks pretty random compared to other schools, so I can only assume they factor in elements that don't show up in a numerical breakdown (common wisdom is that they strongly view likelihood to attend as an important component).

As for me, you can click my link below for my LSN profile.

14
Pennsylvania / Re: Penn 2006 admitted students discussion
« on: January 05, 2006, 04:41:40 PM »
I'm in, but it is behind Michigan at this point.  I will only attend the Preview Day on February 17th, becuase the Admitted Students' Weekend conflicts with Michigan's.  It is still in the running, however.  Maybe it will impress me.

When is the admitted students' weekend?  How did you find out?  I don't think it was in my acceptance packet (the one with Philly mag and the viewbook).  Did you get something else?  Any info would be much appreciated, as I am trying to plan with a limited # of vacation days.  Thanks!

Dean Meeker told me when he called, and it was also in the acceptance letter (in the packet with the Philly mag).  Luckily for you, I keep everything neatly filed, so I can tell you that Admitted Students Weekend is March 23-25th, and Penn Previews are on February 17 and April 3.  Michigan's Preview Weekend is also the 23-25th, which happens to be during my Spring Break.  Since Michigan is much further away than Penn for me, it only makes sense to forgo the Penn weekend for the Preview Day.

You're the best!  All my stuff is scattered between work and home.  Were there itineraries included?  What's difference between a preview day and the ASM?  I live close, and Penn is my current first choice, so I guess I'll go to both... so when I see you at the preview, you can chastise me in person for being so disorganized.  ;) 

15
Pennsylvania / Re: Penn 2006 admitted students discussion
« on: January 05, 2006, 11:58:20 AM »
I'm in, but it is behind Michigan at this point.  I will only attend the Preview Day on February 17th, becuase the Admitted Students' Weekend conflicts with Michigan's.  It is still in the running, however.  Maybe it will impress me.

When is the admitted students' weekend?  How did you find out?  I don't think it was in my acceptance packet (the one with Philly mag and the viewbook).  Did you get something else?  Any info would be much appreciated, as I am trying to plan with a limited # of vacation days.  Thanks!

16
Transferring / Re: Transfer to NYU or Columbia?
« on: January 03, 2006, 12:57:12 PM »
I assume you mean, is it easier to transfer into Columbia or NYU.  I can't speak about NYU, but last year CLS accepted 57 transfer students (they did not provide data about where they came from for that year).  The last data I could find is from 02-03, when it seems like there were a lot fewer transfers.  People came from:

Emory
Memphis
Loyola
Fordham - 2
Cardozo - 2
Penn - 5
Lewis & Clark
Cornell -2
Rutgers (2 Newark, 1 Camden)
Suffolk
Illinois
San Diego
Stanford - 2
Northwestern
Indiana
Chicago

FWIW.  Entry is primarly based on your first-year grades, although from this data, it looks like attending Penn doesn't hurt, either.

17
Pennsylvania / Re: Public Interest Scholarship
« on: January 02, 2006, 10:25:11 AM »
I'm just really curious about this scholarship, I want to go into Criminal Prosecution and all of the connection opportunities sounded amazing, not to mention the fabulous financial rewards it offers.... Anyway, I was wondering how competitve this scholarship usually gets (I'm assuming very) and how much prior public service is taken into account, I mean, I know I can get a great letter of recommendation about my dedication towards public service, and I've done stuff with my sorority, but I have a strong feeling I haven't done anything big enough yet.  Also, if you know anything I could do this last year before I go to law school, that would be awesome....

I wish I knew more about this as well!  I, too, feel my prior experience is insufficient... I was planning on applying, but after looking at the three essays and finding my answers woefully inadequate, I think I probably won't.  Although I've been volunteering in family court for a few months, I have about three years when I did absolutely nothing.

If you have a year, I recommend seeking out volunteer opportunities in family court... I help with teaching court school, where children who may have to testify in court are taught the ropes.  It's through the Junior League, which I'm quite happy I joined.

18
Pennsylvania / Re: Penn 2006 admitted students discussion
« on: January 02, 2006, 10:19:58 AM »
I can't find any admitted students area online... it must not be up yet.  I really want to know when admitted students days are, so I can plan the time off work.

I'm currently deferred at NYU and Columbia, so right now Penn is far and away my first choice. If I get even a little bit of money from Penn, I may just withdraw from those other schools and count my blessings. :)


19
Pennsylvania / Penn 2006 admitted students discussion
« on: December 26, 2005, 11:26:03 AM »
I'm starting this thread to discuss admitted students information, including visiting days and financial aid.  Penn is currently my first choice (of the places where I've been admitted), so I welcome any news/opinions.  8)

20
Georgetown / Re: 1L's Fall '06
« on: December 26, 2005, 11:24:21 AM »

Is anyone else attending the January 26-27 admitted students days?

I'm kind of leaning elsewhere, but thought it might be a good idea to visit Georgetown before making a decision.

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