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Messages - wrhssaxensemble

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21
Sorry if my suggestion isn't helpful. I wrote my student note on Trusts, Business Law and History so your areas of interest are a little removed from mine. However, I would consider looking into the use of information from networking sites for evidentiary purposes and whether such actions by a state actor constitute a search subject to 4th Amendment protections. And further, if it is impermissible, whether a private cause of action accrues.

The fact scenario I am thinking of is someone having incriminating photos or statements (like confessions) on their facebook, charges being brought against them based on the information, and whether they can be put into evidence, whether the police looking at it constituted a search by invading their established concepts of privacy (say for instance if the profile was set to "friends only" or some more stringent privacy standard), and whether wrongful use of such information (if it is sufficiently private) permits the individual to bring suit under the Federal Torts Claims Act. 

22
I was just wonder what your thoughts were on the importance of classes like trial practice, alternative dispute resolution, or introduction to representing clients. I have heard that all three are big wastes of time as courses(although they are easy A's for grades). I do not see myself being a litigator... instead will probably do business planning or estate/financial planning.... I am planning out my schedule and don't seem to have room for one of these courses.... are they really necessary?

23
General Board / Re: Scheduling Advice for a 3L?
« on: May 19, 2009, 11:49:42 AM »
Do you have a job lined up?  If so, are they going to place you into a practice group? 

Nope. No job. At least not yet since I have another year and a half to go and the economy sucks. Just a summer job.

24
General Board / Scheduling Advice for a 3L?
« on: May 19, 2009, 11:09:27 AM »
Hi

I am a soon to be 3L who is also enrolled in my school's JD-MBA program. I know this is a pretty wide range but I am still torn between Corporate, Commercial, Bankruptcy, Tax and Estate Planning. Is there any recommendation of what courses to take?

In addition to my MBA courses, I have already taken all the basic 1L courses (civ pro, contracts, con law, crim, torts, property, legal writing and research), advanced contracts (high A), basic tax, trusts and estates, Business Organizations, Taxation of Buainess Enterprises (C corps, S corps and K entities), and Lawyer's Professional Responsibility.

I am scheduled for the coming Fall to take Evidence, a judicial externship (probably with a federal court), estate and gift tax, and bankruptcy. The following spring (2010) I am planning on taking UCC (Articles 2, 2A, 3 and 4), estate and financial planning, and 5 other credits worth of classes (I am thinking advanced bankruptcy for 3 of them).

The following fall, my final semester, I plan on taking business planning, secured transactions and up to 4 extra credits of classes.

I have credits from my journal that I can apply anywhere (more or less), so I am not facing an issue of finding enough credits. Instead I am just trying to figure out which courses will allow me to be broad enough to still potentially practice in any of the fields I am interested in but still specific enough to be helpful....

Any recommendations of how to fill the credit gaps I have or any changes I should make to my current plan? I have not taken securities regulations or administrative law. Should I? If I take advanced bankruptcy next spring, I can only take one of these, which seems more important to me? Also, should I take a trial practice or ADR courses to fill my 2 credit hole in the spring or should I take a course like elder law?

I am kind of all over the place with this stuff.... thanks for any help you can provide.

25
General Board / Re: 2L Scheduling
« on: May 18, 2009, 09:08:43 AM »
Most of your classmates will be trying to stuff in as many pre-reqs as possible next semester, so many of the ones you listed will be quite full. Not much you can do to avoid that, but you could always consider leaving some of the non-essentials for your 3rd year, after you've had your 2L year to boost your GPA as much as possible. Maybe like Trusts & Estates and Admin Law, if you don't plan to take anything for which those are pre-reqs. What is Pro Rep?
Does your school offer any wee small classes that sound kind of specialized and/or boring, but with a very low enrollment cap and maybe a paper to write instead of a final exam? Wouldn't hurt to add in one or two of those, if you prefer papers to exams.

Income Tax is what a lot of people at my school save their pass/fail option for. I probably will too. :D

I agree completely. I am in the JD-MBA program so I have more flexibility as far as which classes I take when but less flexibility when it comes to credit numbers. I want to do either transactional work or estate planning so ordered my courses accordingly...

Fall 2L- Basic Tax, Trusts and Estates, Advanced Contracts, MBA Courses

Spring 2l- Lawyer's Professional Responsibility (which I think is what he meant by Pro Rep), Business Organizations (Corps, LLC's partnerships, agency, sole proprietorships), Business Tax (subchapters S,C and K) and MBA Courses

Next Fall (3L)- Evidence (I put this last since I dont really see myself as much of a litigator), judicial externship, bankruptcy, estate and gift tax and 2 MBA courses

Next Spring (3L) tenative- UCC/Commercial Law, Estate and Financial Planning, Advanced Bankruptcy, elder law, MBA courses

Fall (4L) tenative- Secured Transactions, Business Planning, either Admin or Alternative Dispute Resolution and Trial Practice (just in case)


so I was/will be able to take all of my school's core courses except maybe Admin which I am debating whether to take at all.... I would definately recommend scheduling in such a way that T&E is added to your harder semester because it is a relatively easy course... Tax isn't too bad either if you have the right professor; if you don't it can be unbearable

I heard evidence, admin and UCC are tough and Bus Orgs was tough for me but that had more to do with the professor than anything else

I agree about the smaller classes too... great way to bump up your GPA and rank... plus your school might have a list of grade distributions for each course that would  be helpful to look at to determine how specific professors generally grade.

26
General Board / Re: Really random question about trusts
« on: October 19, 2008, 05:54:14 PM »
I am working on a paper on business trusts and can't seem to find an answer anywhere to what I would like to know as I work on it... I am taking trusts and estates right now but we are still working on wills issues.... my question is basically, can an individual create a trust in which they are simultaneously settlor, trustee, and beneficiary? and if so, are there any limits on it?

Why would they want to?

It reminds me of concepts of destructibility of contingent remainders through merger... when it all gets vested in the same party, the instrument becomes moot, does it not?

From a donative purpose, it makes no sense (except maybe a veiled attempt to escape a wife's elective share with contingent beneficiaries given for the trust for when the settlor/trustee dies) but I am looking at business trusts... in essence, I am arguing that disgusing themselves as being in trust form, the trusts that the progressives rallied against actually combined the partnership and corporate forms and pretended it was in trust to avoid regulation which was then only applicable to partnerships and corporations.... I am having problems though finding a specific course saying individuals cannot create a trust for themselves and set themselves as trustee

27
General Board / Really random question about trusts
« on: October 16, 2008, 08:40:48 AM »
I am working on a paper on business trusts and can't seem to find an answer anywhere to what I would like to know as I work on it... I am taking trusts and estates right now but we are still working on wills issues.... my question is basically, can an individual create a trust in which they are simultaneously settlor, trustee, and beneficiary? and if so, are there any limits on it?

28
General Board / Why even teach ALWD?
« on: August 18, 2008, 11:02:34 PM »
I am currently in the process of learning the Bluebook for one of my school's journals. For 1L I had to learn ALWD instead. Everyone at most other law schools that I have talked to have taught the Bluebook rather than the ALWD method, almost all journals require Bluebook, and it overall just seems like a much more widely accepted format. Yet half the writing professors at my law school teach ALWD instead. I hope this isn't already posted here, but I can't find it if it is...what is the point of teaching ALWD instead of bluebook?

29
General Board / Re: Which secondary journal?
« on: August 05, 2008, 10:23:11 AM »
I wish I knew what to tell you... interesting though

Bump

30
General Board / xxxxxxxxxxxxxxx
« on: August 01, 2008, 03:33:35 PM »
xxxxxxxxxxxxxxxxxxxxxxxx

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