Student Law Review

July 13th, 2008

I dropped by my law school this week on the way to the library and picked up a copy of the current student law magazines while I was there.

The Student Law Review, published by Routledge Cavendish is a publication bordering on the "terrifyingly polished" and I find it to be a very interesting read that I try to pick up whenever I can.

I’ve done a quick and rough digest of the contents of this edition, and it’s a very, very long post so I’ve added it after the break. I will be back later to fact check but right now I’m just impressed at myself for getting this typed up. These are in no way the whole articles, or indeed perfect outlines of the articles themselves, I was more interested in putting out what the publication covers instead of violating the copyright on the articles themselves:

Read the rest of this entry »

A different definition of Alibi

June 24th, 2008

Just a quick definition post here but it’s far too good to hide away in my glossary of terms.

I’ve already got alibi listed in the glossary and as all law students who have done their semester of Criminal Law know :

alibi Lat, [I was] “somewhere else.” A special defence providing a complete defence from any accusations if accepted. As it is a special defence the defending counsel must submit it in advance of the trial beginning and defending counsel must accept the burden of proof to prove that the person truly could not commit the crime. The Criminal Law Deskbook of Criminal Procedure states: “Alibi is different from all of the other defenses…it is based upon the premise that the defendant is truly innocent.”

However, in the words of “Ireland’s International Comedian” Hal Roach:

“The judge said to Murphy, “Are you guilty or not?” Murphy said said, “I don’t know until I hear the evidence and that’s my alibi.”

The judge said, “Don’t you know what an alibi is?” Murphy said” Yes, your honour, an alibi is to be after proving that your weren’t where you were when you committed the offence that you didn’t commit at all, and what’s more I wasn’t there at the time.”

Now that’s one to remember when you start to practice drafting pleadings.

I know a little of that copy looks odd so I’ve included the original for the quote here:

I know some of that quote looks dodgy so I decided I\'d show the original here

How to generate pdfs of books or case reports while in the library

June 20th, 2008

I’ve been looking at programs which may help me in my studies. One of the most promising I’ve found is one which is intended to allow people to create multi page pdf copies of any documents, books, whiteboards or cards they can photograph. The whiteboard mode is surprising and I’m not certain it fits into my current teaching style, however, there is nothing quite like being able to see exactly what the teacher has written on a whiteboard long after the lesson has finished.

It’s called Snapter and I’m pleasantly surprised with how effective it is. I tested it out with my camera phone and a copy of 100 Cases Every Scots Law Student Should Know and and as long as you remember to abide by the rules the program gives you: take the photos from straight above with the spine vertical in the image then you can reliably create a very readable pdf from the images. It’s not a quick process, and it’s almost certainly the most processor intensive application you will ever use for your legal studies but the results are very surprising and usable. I’ve done an example here with Scott Adam’s “Way of the Weasel” which I chose because it includes text boxes and images alongside text - so it’s actually more complicated to scan than most law textbooks.

Snapter has a deceptively simple design of interface for what is a powerful program with many features and controls hidden in the boxes, for the best results you should set the controls each time you use Snapter but the defaults manage well on their own. I found the most useful option was the “original size

Basic photographic principles apply If you used a higher resolution camera and better lens with a tripod you would see better results than these, these test shots came from my 3.2Megapixel SE k800i camera phone which I chose because it’s the only camera I routinely take to the library. Users with newer phones with 5 or more megapixel cameras will almost certainly find that the pdfs produced are extremely readable even on small text. I intend to use Snapter to replace my photocopying, this makes the $50 pricetag for the full version (needed to fully enable the program’s Book mode after the free trial expires) extremely affordable. With photocopying running at about 3-6p per sheet the expense of photocopying personal copies of cases becomes substantial. Also, filing the vast amounts of photocopying which you naturally generate as a law student is a task which requires considerable discipline to avoid the dreaded student “pile of paper under the desk”, being able to directly create pdfs of reference books without needing to photocopy them is more economical and more ecological, with the added advantage of not being able to lose the files as easily as the photocopies.

There are other book scanning solutions but these tend to rely on the user being able to scan the book using a specially designed flatbed scanner(for example the PlusTek Optiscan) which is less than ideal in a law library. Snapter’s advantage comes from the convenience of being able to take a record of the exact text you need on the fly using nothing other than the devices you would already be carrying.

You can use it to inexpensively produce copies of cases for other people as well, instead of needing to recopy each page of your own photocopy for others you can simply email the pdf around, and you can also do the processing on your laptop as you are in the library, all while using your university’s reproduction licence. It’s not the fastest process so be aware that it will both drain battery life and take its time but it’s the only example of automatically transforming photos of books into documents that I’ve seen.  It’ll save paper, money and the environment in its own small way.

The direct competitor to this are the online legal databases which also give you the option of downloading a digital copy of the report to your computer and I find these a better option than hurriedly produced snapter pdfs, however, Westlaw does not provide copies of textbooks nor does it provide copies of cases which are either very old or very obscure and it is these situations where snapter shines.  If your law library provides paper copies of journals or law reports which are not available online in full text format then you need some way to make a copy for yourself.

With many of the most sought after books only available on loan from the library for a matter of hours a student may sometimes find that they spend the entire time they have with the book running it through a photocopier instead of reading it. A fast camera can take photos of every page of a textbook within a university’s stort loan time, this means that books which are extremely sought after (for example the set textbook) can be copied out. The prohibitive expense of photocopying a textbook is considerably lessened when you are operating in the fixed cost of a digital camera and a copy of Snapter, and remember that with law textbooks retailing for around £40 (and science subjects cost even more) from the university bookshop any use that a student can get from the library is to be pounced on.

For those students who are also looking using snapter to produce copies of music, students in Glasgow can use the libraries of other higher education institutions, including the Glasgow School of Art and the Royal Scottish Academy of Music and Drama on a reference only basis which means that you can use the RSAMD to find sheet music for yourself.  I read here that Snapter was less impressive at capturing music books but I disagree based on my experiences using the newest version.

I was so surprised that snapter gave such poor results on capturing music that I immediately grabbed a book of scales off my shelf and tried it for myself, I believe I have a newer version than was tested since I downloaded my copy last night. Again, I used a Sony Ericsson k800i camera phone which is only 3.2Mpx and although some of the text is smudged (small bold text had a harder time of it) because of the resolution and the height I had to take the picture at to get both pages in frame the edges of the picture were detected perfectly and there was no issue seeing marks on semiquavers or the like.

I’m all for snapter, I think it’s designed for times you couldn’t bring an automated book scanner with you - in my case when I’m at the reference library and it does very well using even phone photos in those situations. It beats having to scan photocopies at home or having no copy at all, that’s for sure. I think it will provide a very important service for students above all, but remember that the possiblity to generate digital versions of paperwork is often very useful even just for collaboration with other people by email. For instance emailing digital copies of forms to other professionals. Consider Snapter to be an extremely flexible (allowing for the easily foxed edge detection), inexpensive digitiser which can be used anywhere that a photocopier or a scanner would also work, with much less footprint and less time spent with the original.

Highers for law school

June 6th, 2008

The higher grades you need to enter a law school in Scotland are strict but not picky- I sat a particularly high number of exams when I was at school because I wanted the challenge (and couldn’t decide which class not to take) but there’s no reason that you can’t go directly from 5th year with 5 strong highers - the SQA system is pretty much entirely dependent on your grades. Your personal statement, unless you are applying to oversubscribed courses, will not come into the decision, in my experience. 5As or 4AB will put your place pretty much beyond doubt but it is still perfectly possible to enter law school with some advanced highers and a little less from 5th year than this; it’s actually what I did. I went for a very balanced set of humanities and sciences that I was interested in and felt comfortable doing and went on to blank horribly on a previously extremely strong subject and finished up missing my entry requirements by a mark in the exam. These things happen in life, I reapplied the next year and now I’m enjoying the summer break before my second year.

As long as you get the letters from your exams, avoiding vocational subjects, you will be pretty much halfway to accepted by law school of your choice. UCAS needs done on time but it shouldn’t be a huge nightmare for you in fifth or sixth year. You should ideally aim for subjects you will succeed in, that is- score an A. 5As is a fantastic achievement but it is not all that rare and it is not limited to people who sail through on luck, a reasonable amount of work and strategic selection of subjects will get you there too. Having 5As leaves your options wide open and is well worth having even if you are not considering a degree in medicine or law so everyone should put as much effort as possible into their highers, they really are life altering exam results. That said, lower results are still salvageable, just make sure you are sitting 5 in one exam diet.  Skills you already possess are ideal as are good foundations to skill based CVs - my interest in computing was fantastic because I was more than comfortable right up to Advanced Higher, so I scored highly, and computer literacy is a pretty much essential skill to mention on any CV.

The other issue is LNAT, should your school of choice want it. I’ve sat this twice, once in fifth and once in sixth year and still don’t like it as a judging tool. It does however pretty much work out who can reason with words but doesn’t give people a lot of opportunity to work hard to compete with naturally gifted people, in the profession there’s a lot of natural talent but the willingness to work is a very big point in anyone’s favour. It’s not a particularly difficult test, especially because, just like in real law school you aren’t competing with the score instead you’re competing on the curve of everyone else. If you get over average consider yourself safe, any interviews you need have most likely been earned at this point. After you appear at interviews don’t worry if you only scored a point or two over the average score - it’ll be your performance at the interview which distinguishes you from the others so concentrate on giving it your best shot.

I personally feel that you shouldn’t learn substantive law before the start of your course, reading ahead is fine and well but I disagree with the idea of starting off with an entirely new sphere of work while still studying at the high end of your previous level. If you have family or educator friends who can gently ease you into law school preparation then you honestly don’t need this blog and go with the advice they give you, your comments would be very much appreciated. If you try to learn law from books on your own you might end up in the total wrong end of the park from your lecturers and that will create difficulties when you move to law school - you’re going to law school to learn how to be flexible and adaptable with the law as opposed to already knowing it before you arrive. In fact, I started to apply for Cambridge out of curiosity in my 6th year but decided that needing to start reading up on the subject, in advance, was excessive on top of already heavy school workloads and withdrew from the process. The fact that I would need to re-naturalise to practice in Scotland after taking a challenging degree didn’t spur me on much either.

In your fifth and sixth years lots of As (band 1s are nice but don’t matter in the long run) are far more important than having the finer points of delict under your belt before you meet a single teacher, the time for reading ahead is during summer after the holidays (if at all).  Request a book list from your university, pick one or a couple of the books up used from Amazon and read simple casebooks, Law Basics books and maybe even have a look (don’t buy) at reference copies of the institutional writers like Hume, MacBryde, Bell, Stair to see what you make of them.  But before the exams is SQA studying time.

Once you have accepted your place on your course of choice prepare to enjoy your last lazy summer as much as you can and be ready for a shock when you arrive in autumn. It is technically possible to sign onto job seekers allowance in your between school and university period so this is worth trying to bolster your finances, you could also get a job and this is probably a much more sensible idea to prevent you stopping entirely for months. After you start law school you will work your fingers to the bone and will only slowly begin to realise what the competition between the students themselves means. You have already jumped through more hoops to get to your course than most other students - those of you who were interviewed for your place will know this better than anyone and the people who are left in the course are determined and driven. This of course includes you, even if you don’t feel determined or driven right now it will grow on you as your course progresses. Law school shapes you into a very effective graduate and is a great start on life.

Although, I still think I’m crazy for doing law as a first degree, I’m missing out on all the fun the social sciences guys are having, but I’m gaining from the experience for everything I lose in time at the student’s union.

The most unlikely law study aid ever?

June 6th, 2008

As I am an avid reader and notorious for it, it’s not unusual for me to get books at Christmas, and last year I received a copy of Derren Brown “Tricks of the Mind“. This book, although not ever intended specifically for it, may actually become the most unususal law study aid I have thus far tried.

My reason for this conclusion - the title of Part 3 : “Memory”

A law student needs to remember a great deal for closed book exams and this is a common complaint - I’ve already written about the issue in the short time this blog has been established.

Now, in no way am I suggesting that reading Brown should supercede reading Gane & Stoddard but any law student, any student whatsoever, on reading him recount listing Shakespeare’s plays in chronological order of their being written by mentally walking a path through a theatre wishes to God that he’s giving a genuine tip that might help him to remember, for example, common law case lines. Teasingly, Derren Brown himself studied law while at university and applies his system to remembering a case name and year - very promising stuff.  For those interested, it’s Pharmaceuticals Society of Great Britain v Boots Cash Chemists 1953.

For example, a very common problem seen before the court is that of parties making a mistake in their contract or their understanding of it and disputes arising from it. Obviously not all mistakes are equal so the law has created a series of tiers and definitions of these - one of which is Unilateral Error, the induced version being close to misrepresentation and ending with the contract becoming voidable and I learnt that the cases of Morrisson v Robertson and Shogun Finance Ltd v Hudson told me the common law principles that govern this form of error. However, should that unilateral error be uninduced then the issue is much more unclear and I have to remember that MacBryde has written authority on exactly this issue so it would be good to be able to quote it and I know that case wise it was decided in 1875 through the case of Steuart’s Trs v Hart that mala fides, knowledge and non-disclosure were relevant factors. This seems fine and reasonably memorable, however, as far as I understand it in 1890 Stewart v Kennedy pretty much denied the very existence of uninduced unilateral error, instead prefering “error plus” and declared that it had to be induced to be effective and that was upheld and followed several times as recently as 1990, that’s confusing but it sounds like the later cases have superceded the earlier one. However in 1992 Angus v Bryden went back to the 1875 case and decided that knowledge and bad faith were once again indeed remediable faults.

Thus, there were two lines of active case law operating in the same area of law and a lot of authoritative cases, which cruelly happen to have the same sounding name. This is the kind of situation where you need a visual alternative to a sound and it is the kind of thing that Brown teaches in his book - moving everything to images, even using rhyme to convert numbers to images. It’s a fantastic plan but I’ve always been concerned that it seems like more work than just learning the facts as they stand. I think if you managed to leverage the visual memory system that he advocates you would see a marked improvement in your ability to recall facts and their relationships with other facts and that would pay off very well.

Just as you need to be able to read quickly in law school, a good memory for what you have taken in is essential if you want to get the most out of your reading and note taking. There is nothing like struggling to remember if a case was anomalous because it was decided after a landmark authority or came before and represented the established way of thinking and remembering cases as, for example, things on plinths in alcoves of a hallway (my attempt at transferring this method to contract law) would help you remember if the case came before or after another. Physically remembering the year on the case report which you studied is my current method for exam preparation but I think it is too fleeting, I effectively bulk up on rapidly memorised facts and stomp into the exam hall and forget everything I ever knew in the stress (large blocks of higher maths are no longer clear memories to me).

However, I was watching one of his TV series, Trick or Treat, on channel 4 and spotted the mother-lode of research gifts. In that he apparently managed to get a regular human being, Glen, to record the contents of a library by dragging his fingers down each page in a book and sort of glancing at the page.

Let me tell you, I’m an authority on sort of glancing at the page while studying and I’m pretty certain it doesn’t work. If it did work though, that is an unbelievable system which seriously changes how schooling will happen around the world. Until then I will dream on that the speed reading + eidetic memory is as effective and as effortless as Derren has made out.

The fact that Glen, a man who by all accounts cited his poor memory as a failing when he applied to go on the show single handedly managed to beat off all but one team in the All England Pub Quiz just rubs my quiz loving nose in it. I literally had a daydream while watching the show of being able to do that with Stair, Hume, the dear Scots Law Times and basically the rest of the library too. It’s a dream of students on reading heavy courses to be able to speed it up, so improved retention and improved speed will both help and I realised I needed to make this a priority.

Derren, aside from his sometimes evil nature, is very entertaining and I make a point of watching the majority of his shows as they’re broadcast. I would never go to see him live because he’s a scary man but I’ll watch him on TV and cheer him on from a safe distance. This is a man who has rolled a human being -tied up in a sack- into a lake and not been particularly shook up about it.

In the words of Charlie Brooker, my favourite columnist for the Guardian, Derren Brown is:

“Clearly the best dinner-party guest in history - he’s either a balls-out con artist or the scariest man in Britain.”

Amen to that.

Software for law school

June 6th, 2008

Having shelled out for your shiny new (or shiny used, both suit law school) computer you will need to fill it with software. You will not find yourself needing a great deal of software for your study at law school – as requirements go it’s a pretty straightforward list.

Firstly, you will need a word processor, this is a given at law school and it will be difficult to use a computer without one for any school. Generally the only requirement is that you submit marked work in a format which your law school can understand – in my case this means .doc (or .rtf, but you lose some of the features of the former). These formats cover nearly every word processing system in the world. .Doc is officially Microsoft Word’s format but it has been reverse engineered a number of times over the years and is now available in nearly all competing products.

I personally use Microsoft Word 2007 for writing my papers and even these posts but there are a number of extremely good competing programs available. The most famous is probably OpenOffice.org which is available for all the systems a law student would consider using, the best element in OO.o’s favour is that is sold free. Another is Google Docs which has the advantage of letting you access any documents you have written using a web browser – this avoids problems of leaving files on your computer at home. You are able to edit the documents as you would in any other word processor and, like the others, this also supports .doc. If you are willing to convert files between programs you may be interested in using a program such as DarkRoom (originally seen on the Mac as WhiteRoom) which allows you to simply write onto the screen with no other distractions, it’s a good move if you’re using your computer for taking typed notes, but beware - DarkRoom lacks features such as a spellcheck, word count, most certainly does not complete words for you and cannot save in .doc format, but never the less it is an entirely different way of writing which can avoid you being distracted by any other items on the screen and that is a valuable .

Secondly, presentation software – today you can often use the Powerpoint slides that a professor has lectured with to help you study. These files are a lot less compatible with competing products but I have had good results from both OpenOffice’s presenter and Google’s in displaying the slides. Fortunately the first casualties in a compatibility problem are fancy effects while you are really only concerned with the content of the slide. PC and Mac versions are available for each of the options given. OpenOffice and Google Docs will also run straight away using Linux if anyone wishes to use that option – probably most likely on an ultra low cost laptop like an EeePC. Running Microsoft Office on these ultra low cost laptops is very possible but somewhat more convoluted.

Third is a good pdf reader. I happen to prefer PDFs to doc files for files I want to have a permanent, read only record of – like case reports. I would not want to run the risk of having accidentally erased part of a case which I would like to later rely on and it also helps me physically distinguish my own work from research at a glance.

Options abound for pdf readers, Adobe’s own free Acrobat Reader is very effective but is becoming increasingly bulky with features added which are not necessarily helpful. You may get better performance from a lighter program such as Foxit Reader which provides the same functionality – you’ll still be able to read your case reports but you’ll also be able to annotate it as well, which is a major advantage that the free Acrobat Reader can’t do, the $299 version of Acrobat can but that’s extremely expensive and not really intended for students to use. All of the major legal databases provide an option to save cases to your computer in pdf format so this makes a lot of sense while researching.

Finally, a web browser, as mentioned there is such a thing as a online legal database which you will use a lot at law school, my personal favourite is Westlaw but there are many others available which provide subtly different sources and interfaces for you to use, some resources such as HUDOC (the European Court of Humans Right’s portal) are nigh on essential for taking part in some classes. I’m still waiting for someone to develop some form of meta search for these but I think that day cannot be long off. Through these your web browser will give you access to case reports, journal articles and legislation. In fact, the internet is rapidly becoming the best research tool you have. Critically, your university library will almost certainly use an electronic record service, this may allow you to browse the catalogue and reserve books until you travel to the library physically, one of the sneakier moves is to reserve books from the lecture hall as they’re announced to improve your chances of getting the rare library copies of assigned textbooks. This saves a lot of time looking for books and time saved away from fruitlessly perusing the stacks is worth its weight in gold when you are working hard on assignments. Your web browser will probably be the only program that you use for degree work more than your word processor.

I should mention that LexisNexis has changed greatly since even I started my law degree and is much more responsive when used with a browser other than Microsoft Internet Explorer. I was disapointed with the need for Lexis to reload its sources page every time I clicked one box, as opposed to letting me select a number at once, this has now been fixed and the main draw of Lexis - the dizzing array of searchable sources - can now be properly used in Opera and other non Internet explorer browser. This also makes the choice of using a Mac or Linux computer a better option than it used it to be as there is no loss of functionality when using Lexis.

My copies of Word and Powerpoint are official versions which came as part of Microsoft Office 2007 Ultimate, normally this is hugely excessive and I would not recommend it but in the first part of my first year Microsoft started a teachers and students only service allowing them to buy the Ultimate version for £40 if they could provide a valid .ac.uk email address, which I consider reasonable enough to purchase, considering that I will use the program for years as it has all the functionality that I need. Had this deal not come around I was planning to use OpenOffice but decided that I wanted to use OneNote so this made the deal very good.

OneNote is really a good program – it provides you with a mixed media digital notebook, it lets you combine your pdf case reports, typed (or recorded) lecture notes and supports handwriting support. I’ve even been able to use the movie insert function for webcasts. It means that all your notes are combined into one searchable form, and searches are not always perfect for law students to use (I advise everyone to avoid searching for words when reading cases), but being able to find specific points in textbooks or lecture notes (like being able to search for “remedies” for instance) very quickly is a great time saver which would have taken a good deal longer even with a casual scan through yourself. I find the virtual printer that it adds to your system indispensible as a way of getting a permanent record of a page without using a printer. I also use OneNote as a way of saving my receipts from online shops without wasting paper, if it should happen that I need to print a copy of the timestamped record off – I have one stored in OneNote.

Computers have really revolutionised the way that people study law and if you plan out your methods in advance you can really benefit from having a computer with you while on campus. Don’t underestimate how much of your degree can be solved through books and there’s nothing worse than reading a book later in the year and realising it would have been helpful.

I personally try to do as much research as possible online, as far as finding reports and journal articles goes – simply because photocopying begins to be a considerable cost when you factor in the amount of reading that we have to do - and not to mention that I find myself sidetracked by getting into conversations with people once I’m at the library. I also prefer having a .pdf record of the case on my usb stick rather than a thick and heavy paper stack in my bookcase, not to mention the effect this must have on the environment. When presenting you should have a hard copy of the case or article which you are relying on, ideally with a copy to hand out to the significant parties, such as the other side and the judge during a moot, ready to hand in case clarification on a point you do not personally remember is called for but when researching to type up assignments there is a lot less difficulty in simply using the copy on your computer, especially for bibliographical data.

Computers for law school

May 31st, 2008

I’ve been planning to make a post on this for a while now but I thought it would make the most sense during the summer. A computer is, near enough, a requirement for law school nowadays. We may not be at the level of business students who need a laptop with them to be taught how to present but there is still a lot of benefit to having a computer with you. My university has embraced IT in a big way and there are plenty of computers available for students to use on campus and it is very possible for someone to get by on these alone for their typing use.

The question is if someone needs to use a computer at irregular hours (typing a paper at 11pm for a midnight submission is not impossible) or for a long time because then using one in a university computer lab might not ideal. Having a computer available to use on your own terms is ideal, and will let you work in a way that you find more natural to you.  People who study at night may particularly appreciate this freedom.

The requirements that law students have are pretty minimal and the most important factor is a word processor which can save in a format which markers will accept, most commonly Microsoft Word files (.doc). If you are shopping on a tight budget never forget that the primary medium you will use during your degree is the written word - coursework assignments for a media student stretch to DVD sizes, coursework for a law student can be around just 100 kilobytes of nonetheless painstakingly researched text. It could be just as much work but you don’t need nearly as powerful the computer to do it. It is very possible to buy a used computer and use it successfully during your degree: you will not be at a disadvantage if you use a non Core 2 Duo laptop.

PC or Mac?

This is a very general decision and the choice to use an Apple computer will not hinder you at law school. If you are able to afford a Macbook Pro or are happy to settle for using some older models of Powerbook you may find the particularly good keyboards make typing assignments a little more comfortable but it is a very subjective issue and the best test will be to try the keyboard out before buying the computer. Apple hardware is well made in my experience and is a useful accessory for university. PCs are just as useful and the programs you will need for your degree are generally very similar, a word file saved on a Mac will be identical to a word file saved on a PC and the reference databases are generally exactly the same on either platform. LexisNexis is picky about the system that you use to access it, however but is still usable without the Windows and Internet Explorer it recommends.

Desktops

Briefly, I think that students who are living on or near campus are perfectly able to operate a desktop as their main computers, using portable storage and campus computers as needed. However, I do not recommend that someone buy a new desktop for law school over a laptop - many students in this situation will end up buying a laptop for themselves anyway.  Desktops are bulkier, heavier and more flexible than laptops and there is still a price premium for portable computers, so there are benefits for a student aiming for one of these. You also eliminate a lot of the theft problem. The problem is that the primary benefit of desktops is the extra power that is available. It used to be that a basic desktop cost much less than a comparable laptop but the difference has narrowed greatly. Instead the advantage is now the extra power available - additional power which law students do not need. If I was doing a media degree and needed to process video or similar at home (but universities allow you to process your video on their workstations) for coursework I would consider having access to a computer with a fast processor, big screen and lots of storage to be a positive investment for my education. Instead, I’m doing law, which is much less strenuous on hardware. A law student only needs a word processor and a web browser and for the most part everything else is extra functionality.

Laptops

The quintessential law school laptop was highlighted by the movie Legally Blonde, released in 2001, and it contains a scene where every student (except from Reese Witherspoon) sat behind an IBM Thinkpad. This visual joke has a lot of truth to it; a Thinkpad is a wonderful tool for a law student. My own (slightly dated) experience of the keyboards is that they were as good as billed, and a law student can expect to be typing for their degree enough to be sick of it. A good keyboard is a very good idea for your own health and productivity.

Interestingly, Witherspoon’s own choice from Legally Blonde – the Clamshell iBook - is still a passable option for a law student’s word processing machine as it will provide all the functionality which they will need for their studies, at a price premium due to its rarity and sought after nature and at the cost of being under powered compared to newer computers – lowendmac.com can explain how to work with these older computers.

Personally, I use a budget laptop which I bought online new for a few hundred pounds a bit over a year ago. I agree that looks are important so I chose one which was powerful for the money but still pretty timeless in style. It’s black and grey and it’s a little over an inch thin when closed, thin and black will never be unacceptable in a laptop. It uses an older, single core Pentium M processor which does not provide the same power as the newer models (but cut around £100 off the price when I bought it) but I have hooked up an extended life battery and I get around 6 hours away from a plug, which covers me perfectly while I’m out away from a plug. I back up my files to a flash drive which also means I can use them on the campus systems – useful for centralised printing. The combination means that my work is secure enough to protect it from accidents like drive failure.

My very functional HP 510 (pdf) gets well looked after and will continue to serve me as a portable typing, emailing and browsing machine well after university, it is not a speed demon but the combination of low cost, highly clocked processor and long battery life means that I consider it to be one of the best purchases I have made in a long time. For people who want more power from a laptop, there are pricier options but my lower end option works extremely well for me as a typing and researching machine.  All the posts on this site are typed on this machine.

Finally, if you are not a very technical person I suggest the first thing you do is find a techie friend at your university, my first love was computing so that shows it’s even possible to find one within your course, who can talk you through what can be pretty complicated configuration for campus networks etc which will save headaches in the future.

Blog Recommendation - Baby Barista

May 31st, 2008

There are many different blogs in the world with very different takes on their many different subjects – as law blogs go Baby Barista manages to be one of the scariest to read.

Baby Barista is the fictionalised account of a trainee barrister as he goes through his pupilage at Chambers down in Oxford. I originally started reading it because it is written by a real world barrister and I hoped it might show me some of the things that training involves, at least in England, and what common problems do advocates and barristers suffer. As I read on, however, I found myself utterly terrified at the attitude of many of the characters of BabyBarista.

I have often said that anyone who manages to become a lawyer in today’s climate is razor sharp, hardened, determined and you can be assured has never failed a test in their life, and in one sense this is extremely good - even if you have a young lawyer that young lawyer will have worked staggeringly hard to get to a point to be able to represent you, but it also raises the concern that the young lawyer has almost literally fought off hordes of his peers to be able to represent you.

The English Chambers system for barristers means that the number of positions for barristers is practically nearly as fixed as that of the judges they appear before. Chambers are literally the offices in which barristers work and are often truly ancient. (In Scotland the system is a lot more open and instead of a stone Chambers building an advocate receives the use of a pigeon hole in the upper court in Edinburgh which means that they are much more flexible as far as numbers go.) Places often open up only on retirement of a current member and competition is terrifyingly fierce for tenancy in the most renowned Chambers.

Needless to say, BabyBarista is competing for tenancy in the one of the most renowned Chambers - one so elite they refuse to have names like “Shawn” on the members list outside and there are 4 or 5 candidates willing to spend years competing for the single tenancy spot at the end of the process. The author even points out that in every other field an interview of hours or at most days is considered perfectly able to select the right candidate for any number of roles. Only barristers (and advocates) have this process of years of fighting just to be selected for the job. Any similarity to Sir Alan Sugar’s “The Apprentice” is not wholly undeserved.

As BabyBarista himself says, if the system was set up to encourage cooperation he’d cooperate better than anyone but the system’s set up for a fight, so they’ll get one. So, rather than justice and wisdom we see a group of stunningly specialised professionals fighting with each other and any weapon is acceptable (even to the point of hiring a “girlfriend tester” to blackmail one of the other candidates). It might be dramatised for entertainment purposes – and it works, the blog is nothing short of enthralling from my perspective – but it makes altogether too much sense.

In contrast, there are the stories given by OldRuin, the “grandpupilmaster” of BabyBarista who appears periodically to give a snippet of wisdom and humanity. His stories are wonderful, touching and disturbingly come across as idyllic, he stands out from the rest of the crowd by simply being the decent, ethical professional most of us wanted to be at university but he seems to be a distinct minority in these Chambers.

As an aside, the character of TheBusker really interests me – this is a barrister who does the job as an art not a science and seems to benefit enormously from it, from the point of stress alone, and it may just be how positively he’s described but that’s who I want to be, the artful, eloquent, ruffled but just about still acceptable professional.

I think that would be fantastic.

BabyBarista is found at:
http://timesonline.typepad.com/baby_barista/

“How hard is law school?”

May 25th, 2008

As degrees go law is generally rated to be on par or slightly below medicine as far as the degree difficulty goes (if it’s any consolation these are reportedly also the most highly paid afterwards). It’s not an easy degree by an means, accredited law schools operate on a syllabus set out by the controlling professional bodies which keeps the level of graduates high in what is a field that relies a lot on the prestige of its members. Law is a definite increase on top of university acceptance qualifications and will very probably be hard enough to get in the way of compiling a proper student record of hard partying.

You will have to sometimes refuse to go out to get work done at university, there’s just no other way but my friends in other subjects have not had the problem of workload to the same extent that myself and my law friends have, so the consensus is that there is more to the course to cover. You’ll probably find it to be a very quick course trying to cover a great deal of information very quickly, the Scottish LLB (my course) tries to have a lot of students ready to study law further in two years while third year and honours provide an opportunity to broaden skills and cement them.  The specifics of the degree will differ depending on the law school you decide to go to but the standard form in Scotland is a four year degree (three years to Ordinary/Pass level and an additional year of honours, sometimes two years for the pass degree to give more time) this is then followed by a number of post graduate options which take between 1 and 3 years depending on what you want to be able to practice after your degree.  Graduate students can opt for a very quick degree which lasts 2 years.

So the pacing may take you by surprise – I was stunned when, on my first day, in my first lecture of higher education I was handed an assignment that would count towards my future employability. Law believes in learn by doing in a huge way. There’s really no messing about as a law student.

It’s not all bad – the course is supposed to stretch and it’s a really good challenge. It just won’t be as easy to maintain the sort of records of going out that people in other degree courses manage to do. You will hear people from the business school boasting about their 17-18 hour stints at the students union and your first thought will honestly be how they find the time. Many students on my law course have survived without becoming a studious recluse, myself included, and it will not stop you enjoying university as much as anyone else. Just consider that a lot of your academic success will be from a knack of pulling off coursework and exams which the markers like – like all English based subject law is also very subjective with the learned principles you have given providing a guide to your own style – your ability to compose, frankly, arty answers to questions is what will propel you though.

So, how hard is law school? Enough to be getting on with and you should consider if you feel up to the work before you start and always remember that in Scotland you are allowed a “false start” without losing your free education, so if you find it horrible after the first year be aware that there are options to get you away from it. Don’t believe the horror stories though – there’s no “book of laws” to memorise for the exam at the end of the year, it’ll resemble high school English and Modern Studies a lot more than the profession is probably happy with.

Blog recommendation- The Legality

May 23rd, 2008

I have been following blogs on the subject long before I decided to write my own law blog. One of the best I have seen is the University of Oregon’s The Legality.
The Legality describes itself as:

The Legality is written and maintained by students from the University of Oregon School of Law and outside submissions from professors and practitioners. We’re dedicated to providing accessible legal opinion on current events, and update twice a week (Mon & Wed).

And this is exactly what it manages to do, I’ve been entertained and interested by the articles I’ve read so far. The blog is well written and very well researched, finding legally correct details in a number of different jurisdictions- including ones directly relevant to my own, the one I’ve shown below is from England.

As any first year law student struggling with the “reasonable person standard” can tell you, the last thing the legal world needs is more imaginative standards and tests. One novel concept, however, might be an exception: the charmingly named “moron in a hurry.” Like the “reasonable person,” the “moron in a hurry” is a legal fiction employed to represent the decisions someone might make under a given set of circumstances. That “someone,” however, isn’t reasonably prudent at all. Instead, it’s an imaginary conception of the least informed, least diligent consumer in a given market - and it’s making the transition from informal phrase to bona fide legal concept.

The idea of a client needing to be compared to a moron in a hurry so he can get off is a particularly happy thought for when the world gives difficult clients. I’m interested in the level of standards that exist in the law – the balance of probabilities, beyond reasonable doubt to name just two. The more levels, particularly one so “charmingly named” just adds to the nuance.
The Legality runs “Word of Week” articles, as seen above with “Moron in a hurry” as well as “Journal News” which carries the same purpose as General on this forum and finally, and perhaps most interesting is the regular articles – on as wide a range of topics as how far as you can go to improve your odds in a casino before it breaks the law to how Tupac relates to defamation. In my opinion these two sections are legal journalism at the best.
The legality is found at:
http://www.thelegality.com/

The word of the week article “moron in a hurry” is found at:
Moron in a hurry