Fall 2014

A Missouri grand jury’s decision not to indict a white police officer in the fatal shooting of an unarmed black teen, spurred the national debate on race relations and street demonstrations that echo the race riots of the 1960’s. While the recent grand jury decision made headline news, this discussion has been alive and relevant in America for decades.

As an African American woman I generally remain silent in times like these. It wasn’t until this evening, while I watched the prosecutor explain why the grand jury decision resulted in the way it did, that I realized why I remained silenced for so long.

In a world where racial tensions are the foundation of our being, where everyone is looking for a direction to route the blame in or a justification for the actions of others, I found myself torn. Torn between my race, my life experiences, my opinion and the society I so desperately want to be accepted by. Society has become so brutal in these times. Society has become so critical and opinionated that I feel we’ve truly lost sight of the things that matter: the progress we have made and the potential we have to continue this progression.

I sat watching the news for the first time in years. I cringed at the thought that my silence wasn’t because I didn’t want to be heard, but because I was afraid of how I would be heard. Afraid that my voice would be too loud, would be misunderstood, or even overshadowed by madness.

As I began to try and formulate my opinion of the “black v. white” issues of today, emphasized by the Ferguson madness, I realized that these issues are not much different then the issues we read about in our history books. As much as I wanted to think like a politically correct law student, who would say “the facts don’t lie,” my race wouldn’t let me see past the reality that we have a long way to go for racial and social equality.

After hours of pondering and going back and forth between my emotions and my logic, I was left with questions, an opinion, and more than anything, discomfort. I took to social media in hopes to get a better understanding, and in some way, I think, to have my feelings validated. However, I realized that as a society we were all torn. Torn between, race, our life experiences, our opinions, and what societal acceptances are.

I thought back to President Barack Obama’s Speech and it became clear. Our issues are overshadowed by madness. In the President’s address, he mentioned that there were real problems in the communities of color regarding feelings of “the law being applied in a discriminatory fashion.” This was followed by a statement that this isn’t believed to be the norm or believed by the majority of communities. America was then encouraged to understand the issues and figure out a way to make progress. With that I ask, if we, as a society as a whole, do not believe these issues to exist, how do we address and materialize the solutions?

December, 2014 Holiday Calendar

Be on the look out for our new Master Calendar that will be coming soon.

Until then, we will do our best to feature a monthly calendar edition of local and school related events!

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10)  It’s okay to cry.  When a concept has eluded you all semester and it hits you all of a sudden that you have three days to master it, it’s okay to cry – but then you have to take a deep breath and figure out how to tackle it.  There is some supplement, somewhere, that will answer your question.  And the moment that it “clicks” is quite possibly the best moment of your life.

9)  Sleep when you can, where you can.  For any Grey’s Anatomy fans, you’ll remember Baily’s sage advice to little Grey and Yang.  Just because you are getting in more hours at the library does not mean they are effective hours.  Your brain can only handle so much at a time before it needs down time to process it.  Recognize those times and listen to your body.  I do.  In fact, if you see me curled up in a corner napping during finals week, this is exactly what’s happening.

8)  Stay off social media.  Some people choose to deactivate completely during finals.  Personally, I stay on and browse through at the end of the night just to do something completely mindless, but while I am studying, I stay off.  Not only because of the distraction, but also because other people are posting about their own studies, which makes me nervous and because I don’t want to post statuses whining about finals.  Whining on social media really helps no one.

7)  Pick a soothing distraction that will take some of the pressure of when you hit your breaking point.  I use the San Diego Koala Cam.  I know that’s not for everyone, but whether it’s a book, sitting outside without any notes, yoga, running, Pandora spa station, whatever, just make sure to take a moment now and then to breathe and reconnect with yourself.

6)  Find real world situations in which to apply the concepts you are working on.  For instance, one semester I was eating a Reeses Peanut Butter cup when, much to my surprise, I had a peanut butter-less cup!  I used this as an opportunity to write Reeses about this issue and analyzed it under “manufacture defect” while studying for torts.  I also got a coupon for free peanut butter cups, so win-win.

5)  Keep track of funny things you and your friends do or say during finals time.  Finals is a time when we shove common sense out of our minds to make room for legal jargon.  For example, during one finals period, one of my friends shouted in sudden realization of a fact that had been escaping her, “Nationwide means the United States!”  Yes, yes it does, but finals brain doesn’t always know these things.  Keeping a log of the funny things that happen helps out when you need some comic relief.

4)  You get to be a bit selfish and not hang out with non-law school people.  It might even be best not to hang out with non-law school people because they will not understand what you are feeling.  If they have never been to law school, they won’t get it, and dang it, you get to be as overwhelmed as you want to be.  That being said, don’t be a jerk to people who aren’t in law school.  You will probably still want to talk to these people once exams are over.

3)  Past Exams.  I cannot stress this enough.  If your professor has ever given a past exam, track it down.  Take that exam, look at the professor’s analysis, then take the exam again, as many times as it takes to master it.  Your grade is as much based on how well your exam is written as the substance of the exam.  I would argue that with some professors, formatting is even more important than content.  Learn and know your professor’s exam grading practices.  TA’s come in very handy here, too.

2) Spend time with law school friends. Whether you are in a study group, just study in the same room, or just eat lunch together, it’s nice to have people to commiserate with and just know you are not alone.  It also helps you stay focused way more than “five more minutes” on Facebook when you are alone.

1) Be good to your future self.  I know that having a week to prepare always seems like a lot of time but if you play around too much the first few days of study-week, Future You will hate Present You.  It’s not a good feeling.  Also, try to eat something healthy now and then. Post-Finals You will not appreciate your transformation into a grease-blob.

When those don’t work because something happens that you literally cannot take your finals – do not panic.  At least, try not to. 

Last year I had taken two finals and had two more to go.  I was studying for my professional responsibility final when, ever so slowly, my neck became very stiff and sore.  I was sure this was from sitting in the same position too long.  Over the course of the evening I ended up in excruciating pain and drove to urgent care first thing in the morning, flash cards in tow.  First, I laid in urgent care with an IV, reading flashcards.  Then I was transferred to a different hospital’s emergency room, with a new IV, reading flashcards.  Then I underwent a spinal tap, wishing they had let me bring my flashcards into the room.  Then my flashcards and I were admitted to the hospital, which is when I called Kay Henley to figure out what to do. Somewhere between trying to remember which meningitis was deadly (thankfully for me, viral meningitis sucks but doesn’t really kill), trying to keep nurses from giving me medication that I’m allergic to, and keeping track of my flashcards (which I now don’t know where to find and have to remake them), I realized the obvious reality was, I was not going to be taking that PR exam, and I was not going to take the California Evidence exam the next day, either.  Fortunately, Kay Henley is a very nice person when you are admitted to a hospital.  If the worst-case scenario happens, you can take your exams the next time they are offered.  I, for example, will be taking PR and CA Evidence this fall.  The school will base my grades solely on those final exam scores and my previous midterm/participation credits no longer exist.  But a crisis was averted and all will be right in the world after this exam period.  And I didn’t have to take a proctored test in the hospital.

[Introduction - this letter is primarily for 1Ls but hopefully upperclassmen can find some humor or even guidance by reading. Not every piece of advice will apply equally to everyone, but based on this list (which was compiled with the help of several other upperclassmen) you should find a little more ease making it through dead week and finals week. Hope you enjoy!]

Dear 1L Ryan,

First of all, congratulations on completing the hardest six months of your life! Regardless of those wasted weekends watching football at Bubs, or those study sessions lost due to Taco Tuesdays at Fred’s, you have done a damn good job and should be proud. Having said that, don’t get complacent, finals WILL kick your ass. If you feel intimidated by them, you should. But don’t worry, just like 1L year they will fly by and you will get through juuuuuust fine.

Since it’s right around Thanksgiving, you probably just had that first major freak-out during which you realized the work you are doing is just not going to get you the grades you want. THAT’S PERFECTLY FINE AND IT IS NOT TOO LATE!!!! Call your Dad, have a chat, take a few deep breaths, get to the library, man up, and follow the advice below.

1) IT’S NOT ABOUT HOW “I CAN’T FAIL THIS CLASS.” IT’S ALL ABOUT “BY HOW MANY POINTS WILL I PASS?” Shape your thoughts to be positive. If you think “fail” in any context (I can’t fail, I won’t fail, etc) you will fail. Don’t be anti-war, be pro-peace. Face every challenge you are handed, like that ridiculous Contracts I final, with a positive attitude. If you catch yourself saying “I’m going to fail this,” stop, take a sip of coffee (don’t check facebook), and turn that fear/anxiety into motivation by saying “if I continue to study this, I will pass with flying colors.”

2) DEFINE YOUR HOBBIES, AND MAKE TIME FOR THEM It is inevitable that you’re going to hit that wall, both physically and mentally. You’re going to need a break. Ideally you did this when 1L year started, but if you haven’t already, define some hobbies that relate in no way to school, and make time for them; the gym, golf, photography, whatever floats your boat. After every 3 hours of studying, distract yourself a little. Do some cardio, edit some photos, hit the range… JUST DON’T WORRY ABOUT SCHOOL, AND DON’T WORRY ABOUT NOT WORRYING ABOUT SCHOOL. In 20-45 minutes you’ll be right back at Civ Pro, but for now, allow your brain some time to recuperate. It needs it and you need it.

3) FINISH YOUR OUTLINES AND PRINT YOUR PRACTICE EXAMS BY THE FIRST DAY OF DEAD WEEK Dead week is for studying, not for getting ready to study. If it means a Saturday in the library during the last week of college football, oh well. If you finish your outlines and print all of the practice tests which are available to you (WHICH YOU SHOULD ALWAYS DO NO MATTER WHAT, see below), budgeting your time during dead week is much easier. Instead of waiting in long lines at the printer, you can use that time to start committing your outline to memory. Instead of going to Kinko’s to print all of your practice exams - since they’re hard to read online and often provide insightful, highlight table info in the lengthy issue analyses - because of a printer malfunction at school, you can take a much needed coffee break and still not miss out on any study time. Be proactive when it comes to defining what exactly it is that you will need to study, and do your best to have all of your ducks in a row by the first day that dead week rolls around.

4) DO PRACTICE EXAMS FOR CRYING OUT LOUD! Please, please, please do not be that guy who thinks he can memorize his contracts outline, not take a practice test, and pass the exam. These exams are not like your average exams. Unless you had the privilege of having a law-style essay exam in college, prepare for a horse-race of a test. Print every waking practice test, which your professor makes available, AND DO THEM. Usually a professor will offer at least 4-6 past exams and hopefully the amount of practice exams for a given subject will be a multiple of three. If not, adjust accordingly based on the formula below:

If the professor offers 6 practice exams: 1) Do 2 of the 6 tests UNTIMED, WITH NOTES; (side note: start with the oldest one first (sometimes they test old info and it’s good to eliminate that right away). 2) Do 2 of the 6 tests UNTIMED, WITHOUT NOTES. 3) Finally, do the last 2 tests TIMED, WITHOUT NOTES; (and preferably in the same test taking conditions you will be in come test day).

How you evaluate your work is up to you, but reading every issue analysis after each respective test is the best place to begin. Once you start to have a feel for the information about which you are most comfortable, you can focus your time studying on subjects about which you are less secure. Taking these practice exams and reading model/sample answers also prepares your writing style to suit that of your professor’s.

5) STUDYING IN A GROUP IS JUST AS EFFECTIVE AS STUDYING ALONE, BUT BOTH ARE NECESSARY NONETHELESS Group study is awesome. Teaching certain concepts to your peers can be just as, or more effective than taking a practice exam. It gives you a chance to explain the idea out loud to an interested party, and it even provides you with notice if you are unsure about certain sub-elements. Talking out those confusing points breaks it down for both parties, and is also a way to salvage your diminishing social life during dead week. After you’re both (all) done studying, take a break together and grab a bite to eat or play a video game. But when you’re done, separate; do your own thing. Nail home that confusing concept on a practice exam while you’re riding solo. After the practice exam, though, get up with your buddy(ies) again and evaluate each other, ask for and offer guidance where it is sought/available. The bottom line is you MUST study alone in whatever environment you feel comfortable, but it is perfectly fine and I recommend to study with a group. They don’t put you into sections for no reason. Don’t be afraid to ask the gunner from torts about strict liability - just don't bother him or her about it. Study by yourself, but use every resource you have wisely (and don’t be afraid to be a resource to an extent).

6) THIS MAY SOUND OBVIOUS, BUT EAT AND SLEEP WELL THE NIGHT (AND MORNING) BEFORE EXAMS If you have test anxiety this is especially important for you. On too many occasions I have eaten Azteca and fallen asleep at 1am the night before a 9am exam. DON’T DO THAT. If/when you make your schedule for finals, be sure to budget in an extra hour or two to cook yourself a nice dinner the night before an exam. Carbs and veggies are good for dinner. Eggs and fruit are good for breakfast. Get 6-8 hours of sleep, and don’t drink any alcohol. This is like beating a dead horse, so be a grown up, eat well and get some sleep.

7) STRESS OUT, IT’S NORMAL. This one doesn’t require much either. Allow yourself to be stressed out. If you stress about stressing, that’s only more stress. It’s normal to be bat-crap crazy right now. It’s ok to be on edge. It’s ok to flip out on your friends (they’re going through it too, so hopefully they understand). It’s ok to be stressed out, but I can guarantee you that the stress you are causing by allowing yourself to become overloaded, is unnecessary, and you have a lot of other things to be concentrating on right now. You’re not going crazy. You don’t have OCD. You don’t have a sleeping disorder. You’re a perfectly fine, healthy 1L who is dealing with law school’s natural stressors.

8) MAN UP, IT ONLY GETS HARDER. Yes what you’re going through is new and challenging. Yes you’ve been slaving your rear end off all semester and only now do you have to kick it into high gear. And yes, you will get used to it. But if you think it’s hard now, just wait till you’re a 2L. Don’t get me wrong. Now that you’ve been through one dead week and a set of finals, you know the routine and the do’s and don’ts. It becomes easier in a sense because you are used to it. But if you think your lack of motivation is bad now, or your little anxiety/panic attacks are intense now, or your workload is heavy now, just wait. Like I said, call your go-to, take a deep breath, have a sip of coffee, and MAN UP. You’ve got what it takes to kill these finals and be successful. Man up, follow the advice above, do your diligence, study your ass off, and you’ll be in the top 10% of the class in no time.

This too shall pass. Change the way you look at things, and the things you look at will change. If it’s worth doing, it’s worth doing right, and any good thing is worth fighting for. Remember those quotes, remember this advice, and remember that you’ve got what it takes to get through this. Do work 1L!

With love,

Your future self

We have long lived in a world full of different forms of entertainment and vices; gambling has long been a one of those forms that crosses the fine line between acceptance and opposition. Gambling has increasingly gained public acceptance and popularity through lotteries and legal casinos; three states have recently approved some form of legal internet gambling. Sports betting, while gaining popularity though the usual gambling suspects, as well as the unusual ones, has generated a lot of noise lately.

Sports betting is a billion dollar industry. Nevada, the only state where it is legal, regulated, policed and taxed, takes in around $4 billion annually in legally wagered sports bets, with gross revenue of $170 million after paying out winnings; according to the American Gaming Association. The National Gambling Impact Study Commission estimates that illegal sports wagers reach around $380 billion annually, meaning legal sports wagering represents 1% of all sports betting nationwide.

Citizens of New Jersey showed their overwhelming support to legalize sports betting in a 2011 referendum, and again in 2012. Governor Chris Christie recently signed a bill authorizing sports betting at local casinos and horse tracks in an effort to rescue the states ailing gambling industry. The bill has since been blocked in federal court because it violates the Professional and Amateur Sports Protection Act (PASPA), which was passed by Congress in 1992, and prohibits states from authorizing, operating, advertising, promoting or licensing sports betting (with the exception of Nevada, Delaware, Montana, and Oregon, where the law does not apply).

The major professional sports leagues, as well as the National Collegiate Athletic Association (NCAA), are in favor of PASPA, as it maintains the integrity of the game. U.S. District Judge, Michael Shipp, recently granted a temporary restraining order to the NFL, NBA, NHL, NCAA and MLB, which prevents a New Jersey racetrack from taking bets on games played by teams belonging to these leagues and organizations. Judge Shipp’s reasoning was that the leagues would suffer irreparable harm if the racetrack started taking bets. 

More hearings in district court and the Third Circuit Court of Appeals are expected. This is not the first setback the gambling industry has faced in its efforts to bring sports betting to New Jersey. Federal Courts have rejected efforts by the state to legalize sports betting on three separate occasions, and the U.S. Supreme Court declined to review those lower court decisions last June.

NBA Commissioner, David Silver, recently spoke out in favor of legalizing sports betting in a New York Times op-ed, despite all of the professional sports organizations heavily opposing the idea of legalizing sports betting because of the potential that it will destroy the integrity of their game.

Silver believes that Congress should adopt a federal framework that allows states to authorize sports betting. The framework should be subject to strict regulatory requirements and technological safeguards which would include: mandatory monitoring, reporting of unusual betting, a licensing protocol to ensure operations are legitimate, geo-blocking technology to ensure betting is available only where it is legal, as well as mechanisms to identify and exclude people with gambling problems and underage gamblers.

Silver is in favor of changing the laws in light of the changing domestic and global trends. Outside of the United States sports betting is popular, widely legal, but subject to regulation. For example, in the United Kingdom, a sports bet can be legally placed on a smart phone or a stadium kiosk.

Business mogul, and owner of the Dallas Mavericks basketball franchise, Mark Cuban, has shown strong agreement with Silver in regards to their views on the issue. Cuban, who is notoriously outspoken, rarely agrees with the NBA and their commissioner, past and present, respectively; but Cuban will not deny the fact that sports betting is a thriving underground business that he feels will undoubtedly be legalized within the next three to five years.

Silver maintains one main objective to any new approach of legalizing sports betting: it must ensure to protect the integrity of the game while maintaining public confidence in the league. This is a responsibility that Silver asserts is one of his most important as commissioner, and he would oppose any course of action that would compromise his responsibilities. Any legalized form of sports betting without a comprehensive federal framework would be both unlawful and bad public policy says Silver.

For more please see Adam Silver’s op-ed in The New York Times at http://www.nytimes.com/2014/11/14/opinion/nba-commissioner-adam-silver-l....

Sources include The New York Times, ESPN, the American Gaming Association and the National Gambling Impact Study Commission.

As we reach the end of the semester, we also reach the end of the intramural soccer season, which left one last opportunity for the top teams to come together and battle through the playoffs for a chance to vie for the championship. Last weekend the top teams competed for the 2014 intramural soccer championship. The field for the playoff tournament included two teams from Thomas Jefferson, the TJSL Stallions FC and Team America; and two teams from Cal Western, Barely Legal FC and Bites by Suarez.

The top four teams were loaded with talent, which gave each team a viable chance to win it all. The immense talent that made up the playoff teams made for an exciting tournament. In the end, and to the dismay of the TJSL teams, the championship game ended up being a Cal Western affair that ended in Bites by Suarez dominating Barley Legal and winning the championship 10-3. So, congratulations to Bites by Suarez on their season long domination that ended in an undefeated record and a championship.

On behalf of SBA and SBA Athletics, I would like to wish all the students good luck on their finals, and wish all students and faculty a safe and happy holiday season.

Work on your jump shot over break and come out for intramural basketball at the beginning of next semester!

The history and tradition of graduates giving back to their school is one that goes back hundreds of years. Some universities can trace their graduating class gifts all the way back to the inception of the school. For example, Ohio State University traces its class gift back to 1891, when the graduates gifted the school with five elm trees. Thomas Jefferson School of Law is no different, and the evidence of the gifts lines the fifth floor hall.

“By giving a 3L class gift, we are not just giving back to the school but we are creating a legacy for students, a reminder that there is a future after law school, and a whole network of students who have gone before them,” said Katie Denson, 3L and Student Bar Association President. “The 3L gift is something that we can use to promote our school.”

Denson hopes TJSL students will show their pride in the law school through their support of the 3L class gift. But she also looks forward to TJSL students continuing to show their support and pride of the school in other ways as well. In October, 3Ls were invited to an SBA meeting to generate a list of ideas for the 2015 3L class gift. Here are the final four choices:

Student Moral Fund: As law students we work hard juggling classes, internships, jobs and home life. Unfortunately, a lot of the time this hard work leaves us feeling stressed and unappreciated. This fund will be used by the SBA on things that will make students feel appreciated and, hopefully, happier to be students of TJSL. While we don't have enough money for the class gift to make everyone's law school debt smaller, a free cup of coffee or tee-shirt could help perk up a students outlook on life as a TJSL student.

Used Textbook Library/Exchange: Many graduating students have textbooks and supplements that they won't be using after graduation. Maybe they haven't been able to sell them or maybe they never tried. Why not put them to good use? The books will be placed in either the library or a bookshelf in the student org room for all students to use. This would be a supplement to the limited number of books that are reserved by professors for each class.

Photo Mosaic: As there are a good number of people in the 3L class who are avid and fantastic photographers, the idea would be for everyone to submit their favorite photos of our law school experience. From back to the beginning – 1L orientation to graduation day, all 3Ls would be able to share their photos to a sight. Then various photos would be selected randomly to form a photo mosaic in the shape of Thomas Jefferson’s head. The goal would be for the mosaic to be hung on the 5th floor near the other 3L class gifted art pieces.

KIVA Loan that saves lives: The idea is to fund a loan that would be given to a borrower for any number of ventures (generally: grow a business, pay for school). The loan is disbursed through KIVA and then when there is success, the loan is repaid and can be disbursed to a new borrower. Find out more at: http://www.kiva.org/about/how.

Please send an email to sba@tjsl.edu with your number one choice of gifts. We will let you know the winner very soon.