News For the Mormon Legal Community

LDS International Society Conference

2012-03-13T23:04:00.000-07:00

We have been asked by the International Society to send out this invitation to their Annual Meeting on Monday, April 2, 2012.

THE LDS INTERNATIONAL SOCIETY INVITES YOU TO A CONFERENCE!

THEME, LOCATION AND TIME

What: The 23nd annual LDS International Society Conference, “The Mormon Moment,”
When and where: Monday, April 2, 2012 at the Hinckley Alumni and Visitors Center on the BYU Campus.
Time: Registration will start at 8:00 a.m. with the the program starting at 8:30 a.m.

PROGRAM

Keynote speakers: Elder Anthony D. Perkins of the First Quorum of the Seventy, President of the Asia Area, and Michael Otterson, Managing Director of Public Affairs.
Other participants: Sahar Qumsiyeh, Analyst for the United Nations Relief and Works Agency; Michael Colemere, managing director of Internet Communications for the Church.
A panel discussion on "causes for the Momon Moment" Cathy Chamberlain, managing director of Market Strategy at Deseret Book Company; Terry Oakes, Managing Director of Welfare Service; Lew Cramer, CEO of the World Trade Center Utah; and Quin Monson, professor of political science at BYU.

ADMINISTRATION DETAILS

Parking next to the BYU Museum of Art and next to the Law School parking lot.
Luncheon at noon for conference attendees at $15 per person by RSVP only, limited seating.
Tour of BYU new BYU TV Broadcasting Building following the Conference by reservations only (RSVP). Free for participants of Conference, but reservation required
To RSVP for either or both of these events, please call the Kennedy Center at (801) 422-3377 by Monday, 26 March. A payment by credit card for the luncheon will be accepted."

Register Now for the 2012 JRCLS Conference

2012-01-20T20:29:00.000-07:00

Click HERE to register for the 2012 JRCLS conference in Stanford, California. It runs from February 16th. to the 18th., 2012. The event will be highlighted by guest speakers; Former Secretary Michael Leavitt, United States Department of Health and Human Services, The Honorable Thomas Griffith, US Court of Appeal for the DC Circuit, The Honorable Clifford Wallace, U.S. Circuit judge for the 9th Circuit and former chief judge, The Honorable Jay Bybee, U.S. Circuit Judge for the 9th Circuit, The Honorable Randy Smith, U.S. Circuit Judge for the 9th Circuit, Michael McConnell, Director of the Constitutional Law Center at Stanford Law School, Elder Lance Wickman, General Counsel for the LDS Church, Cole Durham, Director of the International Center for Law and Religion Studies, Jack Welch, BYU law professor and Editor-in-Chief of BYU Studies, and many others.

Since the first student conference in 2004, the J. Reuben Clark Law Society Annual Conference has expanded to include attorneys, and Society members from outside the US who gather to discuss contemporary legal issues, expand professional networks, discuss the mission of the Law Society, hold Section meetings, and provide mentoring.

Bishop Burton Joins Leaders in Promoting Religious Freedom and Traditional Marriage

2012-01-18T10:51:00.000-07:00

Last Thursday, Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, H. David Burton, joined 38 leaders of different faiths in signing a letter advocating traditional marriage and religious freedom.

The letter, titled "Marriage and Religious Freedom: Fundamental Goods That Stand or Fall Together," stated that the promotion and protection of marriage--the union of one man and one woman as husband and wife-- is a matter of the common good and serves the wellbeing of the couple, of children, of civil society and all people."

Reflections After Three Semesters

2012-01-13T17:54:00.004-07:00

It's official! I am in my second semester of my 2L year now, which means I am "over the hill." Maybe it's the spirit of the new year, or maybe it's simply a natural occurrence for someone who is halfway done with a difficult task, but I'm feeling nostalgic. As I ponder on the things people told me about law school two years ago, I am struck by how inaccurate some of it was. Here are a few samples:

1. "All your tests will be essay." FALSE. I have had more multiple choice questions in my first three semesters of law school than I did in my last two years of undergrad. A few of my finals have even been purely multiple choice, and some have been a combination of multiple choice and short answer.
2. "All your classes will be taught with the Socratic Method." FALSE. This was true for the first few weeks of my 1L year, but the professors backed off of it as time went on. It's almost non-existent now in my second year.
3. "On the first day, take a look at the person on your left and the person on your right. One of you won't be there on graduation day." FALSE. Although this may have been true in past years, I just don't see it happening. While I know of a couple people that have dropped out, it is nowhere near 33% of people that were at orientation.
4. "Volunteer somewhere during your 1L summer. 1Ls can't get paid jobs." Somewhat false. It certainly is more difficult for 1Ls to get a paid summer job than it is for 2Ls, but it is not impossible. If I can find a paid summer job after my first year, so can you.
5. "Law school is exciting and fun!" OK, I never actually heard anyone say that, but that seems to be the idea that Hollywood perpetuates about law school. Have you ever noticed that the law students in the movies and on TV never spend much time studying? I've often wondered what kind of grades they get. Sometimes classes and readings can be interesting and possibly even dramatic. Your first time in a courtroom during a hearing or trial is pretty fun, too. It's nothing like Hollywood, though; it's a lot of quiet nights reading cases and composing outlines.

I'm sure there are other myths about law school out there that can be put to rest, but these are the main ones I've noticed. Feel free to comment on your own experiences.

Christ As Testator

2011-12-02T12:49:00.002-07:00

With the semester winding down and finals starting up, it has been difficult to find time to post recently. There is something I thought would be interesting to share, however. Recently I was reading in the New Testament right before I started studying for my Decedent's Estates class, and I found a passage where Paul describes the purpose of the Atonement in terms of estate planning. It offered new, and timely, insights into a topic we have all studied. In case some of you haven't taken a decedent's estates class, or if it has been a while, here is a little basic refresher:

For someone to give a gift at death, they need to complete a will or testament. If the testament is not completed by the person giving the gift (the "testator"), that person's wishes cannot be fulfilled. However, even if the testator completes the testament long before his death, the devisees (people receiving the gifts) have absolutely NO interest in the gift until the testator dies. They can only claim the gift after the testator dies. In other words, the testator has to die before the devisees can receive their inheritance.

In Hebrews chapter 9 verse 15 Paul says "by means of death, for the redemption of the transgressions (the testamentary "gift") . . . they which are called might receive the promise of eternal inheritance."

Then, in the next verse, "For where a testament is, there must also of necessity be the death of the testator.

"For a testament is of force after men are dead: otherwise it is of no strength at all while the testator liveth."

Christ is the testator, and we are the devisees. He had a testamentary gift He wanted to give to us (our "eternal inheritance"), but in order for us to claim that gift, according to Estate law, He had to die first. Only then, through the Testator's death, can we receive our inheritance of redemption and eternal life.

It has always interested me to see how an individual's career choice can inform his understanding of the gospel (i.e. Elder Uchtdorf always talks about aviation, and Elder Oaks tends to talk a lot about justice and mercy). For myself, as I took a break from studying for my Decedent's Estates final, I was offered a new insight (well, new to me) as to why the Atonement was necessary.

2011 Top Ten Most Mormon Friendly Law Schools

2011-11-14T22:44:00.000-07:00

1. Arizona State University School of Law

Number of LDS Law Students: 110

Cost of Living: $11,700

Cost of Tuition: $35,147

Distance to Nearest LDS Temple: 10 Miles

US News Ranking: 40

2. Gonzaga University School of Law

Number of LDS Law Students: 50

Cost of Living: $8,775

Cost of Tuition: $32,775

Distance to Nearest LDS Temple: 12 Miles

US News Ranking: Not in Top 100

3. University of Denver School of Law

Number of LDS Law Students: 35

Cost of Living: $9,963

Cost of Tuition: $37,152

Distance to Nearest LDS Temple: 8 Miles

US News Ranking: 77

4. UNLV Law School

Number of LDS Law Students: 65

Cost of Living: $13,520

Cost of Tuition: $34,238

Distance to Nearest LDS Temple: 13 Miles

US News Ranking: 71

5. University of Idaho School of Law

Number of LDS Law Students: 75

Cost of Living: $9,318

Cost of Tuition: $24,532

Distance to Nearest LDS Temple: 83 Miles

US News Ranking: Not in Top 100

6. University of Nebraska School of Law

Number of LDS Law Students: 31

Cost of Living: $8368

Cost of Tuition: $28,649

Distance to Nearest LDS Temple: 58 Miles

US News Ranking: 84

7. Phoenix School of Law

Number of LDS Law Students: 90

Cost of Living: $12,316

Cost of Tuition: $36036

Distance to Nearest LDS Temple: 21 Miles

US News Ranking: Not in Top 100

8. Creighton University School of Law

Number of LDS Law Students: 50 Students

Cost of Living: $13,500

Cost of Tuition: $33054

Distance to Nearest LDS Temple: 7 Miles

US News Ranking: Not in Top 100

9. George Washington University Law School

Number of LDS Law Students: 58

Cost of Living: $16500

Cost of Tuition: $43999

Distance to Nearest LDS Temple: 10 Miles

US News Ranking: 20

10. George Mason University School of Law

Number of LDS Law Students: 30

Cost of Living: $16710

Cost of Tuition: $36278

Distance to Nearest LDS Temple: 21 Miles

US News Ranking: 40

Honorable Mention: University of Arizona School of Law

Number of LDS Law Students: 35

Cost of Living: $11,840

Cost of Tuition: $41,051

Distance to Nearest LDS Temple: 114 Miles

US News Ranking: 42

Biggest Surprises of the 2011 Top Ten List

2011-11-13T22:19:00.000-07:00

A few things jumped out at me after I reviewed the data from this year's top ten list.

First, is the skyrocketing costs of law school. For example, consider the University of Arizona School of Law. Out of state tuition is $41,051, plus $11,840 in living expenses for a total one year cost of $63,101! That's mind blowing! $63K a year, for a single person to live in Tucson and attend a public school.

Another thing that stood out to me is the number of LDS students at Virginia and Phoenix. Currently, the University of Virginia Law currently has 60 LDS students and the Phoenix School of Law with 90.
Very impressive, way to go.

Lastly, I'm always underwhelmed with the University of Colorado Law School, which as far as I could tell has no LDS students. From the outside, Colorado Law would appear to be a strong hold for LDS students.It lies just east of the "Mormon Belt", it is highly ranked, and reasonably priced.
But then again why settle for the world's second best snow?

Speaking Up

2011-10-20T17:50:00.008-07:00

Before I started law school I was told that the discussions in law classes often challenged your beliefs. I knew that those kinds of situations were inevitable, especially considering I was leaving BYU to study at Arizona State. But for whatever reason, belief-challenging discussions didn’t seem to present themselves until this semester.

In addition to the Con Law class I am taking this semester I am also taking a seminar on free speech. Over the course of yesterday’s class the discussion turned to de-regulating the availability of pornography and allowing more swear words in TV broadcasts. Everyone in the room that contributed to the discussion appeared to be in support of both ideas, at least to a certain extent. I chose to stay quiet on those topics, although I later regretted my silence. Toward the end of class our professor quoted a story about John Stuart Mill and how Mill believed religious questions were irrelevant to his parliamentary duties, after which he said, “I wish the Republicans would take this suggestion to heart, given the recent comments about Mormonism being a cult. But that’s unlikely to happen.” Considering the amount of thought I have given to this subject as of late, I spoke up. I mentioned that several of the candidates in the debate on Tuesday night said things similar to Mill, although not all of them. As it turned out, no one else in the room had seen the debate, but everyone expressed surprise at the idea that a Republican would support an idea they agreed with. At that point, the girl next to me said, “let me guess, was it the Mormons?” After I said yes, she responded with, “it figures” (I wasn’t sure how to take that, and I still don’t).

I’m not saying that I’m opposed to people challenging my political ideologies, or that Mormonism is connected to the Republican Party. However, it’s interesting to learn how to contribute to religious/moral/political discussions when I feel so outnumbered, even at the #1 most "Mormon-friendly law school" of 2010. It causes me to wonder if I will continue to feel like a minority after I graduate. Either way, I'm definitely not at BYU anymore.

Presidential Primaries and the Religious Test Clause

2011-10-13T16:25:00.002-07:00

Considering the fact that there are two members of the LDS church running for President, it seemed inevitable that the “Mormon issue” would rise to the surface again. Mitt Romney attempted to confront the criticism regarding his faith in the 2008 election, but it didn’t seem to quell the unwarranted fears of those that don’t understand LDS doctrine. Around the same time Mitt Romney confronted the religion issues facing his candidacy, Barack Obama was forced to fend off allegations that he was not a Christian and was, in fact, Muslim. Personally, I was shocked at how serious these religious issues were at the time. In this country of religious liberty I assumed that, as a society, our level of religious tolerance was higher than it proved to be. Last week, those ghosts of 2008 seemed to emerge all over again.

Article VI paragraph 3 of the United States Constitution provides that “no religious test shall ever be required as a qualification to any office or public trust under the United States.” This Religious Test Clause clarifies that United States officials, including the President, are not required to accept a particular religion or faith in order to obtain their office. Certainly, when individual Americans voice a religious preference for candidates of public office they do not violate this clause; however, acting on such a preference violates its spirit. No candidate for the presidency of the United States should be excluded from consideration simply because they are Christian or not.

One thing I noticed this past week is a relatively high level of support for the church in the face of bigoted attacks. This support, coming from the general public and the media alike, seems to be greater than it was 3 to 4 years ago. It is likely that the church and its members will continue to be under the microscope in the near future, but I have faith that the American people in general will abide by the spirit of the Religious Test Clause and choose our next President according to the vital issues of our time and not religious misunderstandings.

The LDS Church and Russell Pearce

2011-10-12T23:04:00.001-07:00

Does the LDS Church endorse Senator Russell Pearce's view on immigration? According to him, yes.

Deep Thoughts by Steve Jobs

2011-10-06T15:27:00.000-07:00

In remembrance of Steve Jobs I thought I'd share this video. This is a speech that he gave in 2005 at a Stanford Commencement. It is one of the most profound speeches that I have ever heard--it gave me the chills the first time I saw it. If you haven't seen it before, take a minute and watch it, I think you'll find it deeply thought provoking as well.

Legal Briefs: BYU Football May Lead to Beer Drinking

2011-10-03T10:28:00.001-07:00

Provo, Utah set to end it's Sunday beer-sale ban. Could this be a result of how BYU has been playing football on Saturdays? Salt Lake Tribune.

The West Africa Chapter of the J. Reuben Clark Law Society held its second Annual Conference in Lagos, Nigeria. JRCLS Newsletter.

JRCLS, Phoenix Chapter spotlight. As a member of the Phoenix Chapter I can personally vouch for how exemplary the group really is. For example, a few weeks ago Jan Shipps from Purdue University, spoke at a luncheon that was attended by roughly 200 LDS attorneys. JRCLS Newsletter.

The Upcoming Term and Proposition 8

2011-09-29T16:39:00.003-07:00

As a student currently taking a constitutional law class, one of my first thoughts this semester was, “Wow. My Con Law book is enormous.” In fact, I recently heard an undergrad say to his friend, “Is that guy reading the dictionary?” as they walked past me while I studied. Fortunately for me, I find most of my Con Law cases interesting. Unfortunately for future law students, that textbook is about to get bigger.

The new SCOTUS term is set to start this next week (October 3^rd), and it has the potential to be one of the most influential terms in recent memory. The Court already has cases on its docket regarding ministerial exceptions and searches and seizures. However, there is a good chance the Court will also address such hot-button issues as affirmative action, immigration (Arizona’s SB 1070 case), “Obamacare,” California’s Prop 8, and the Defense of Marriage Act. Although all these topics can spark vigorous debate, the topic LDS attorneys and law students are most likely to have strong opinions about is same-sex marriage.

Although there is potential for Prop 8 (Perry v. Schwarzenegger) to be heard by the US Supreme Court this term, in my opinion it will not happen. In January the 9^th Circuit Court certified a question to the California Supreme Court regarding the defendants’ standing. The California Supreme Court heard oral argument on the question earlier this month, and their decision is still pending. Simply put, this gives the Prop 8 case two possible paths: (1) the CA Supreme Court can decide there is no standing, potentially resulting in a dismissal, and (2) the CA Supreme Court can decide there is standing, allowing the 9^th Circuit to make a decision on the appeal. If option 2 occurs, I think we can all agree that no matter what they decide, the case will be appealed to the US Supreme Court. However, the chances of the Supreme Court granting certiorari before this next term ends are relatively slim. One thing is certain, though: this could be a blockbuster term for the United States Supreme Court, one that will force future Con Law students to spend even more time hitting the books.

JRCLS Now Has Facebook Page

2011-09-27T09:34:00.001-07:00

I received the below email this morning and thought I'd pass it on... -- CSD.

Dear Law Society Members,

The mission of the J. Reuben Clark Law Society is powerful:

"We affirm the strength brought to the law by a lawyer’s personal religious conviction. We strive through public service and professional excellence to promote fairness and virtue founded upon the rule of law."

We need to spread that message, as well as other uplifting messages, not only to our membership, but to society as a whole. In our efforts to expand the Law Society's influence for good, we have produced a YouTube video based on our first Annual Fireside by Elder James E. Faust, entitled "Lawyers as Healers". It is an uplifting message that we hope will become widely circulated. The more hits, or views, the video receives, the easier it will be for others to find it on YouTube and learn more about the J. Reuben Clark Law Society. If each of our 11,874 members viewed the video and sent it to their colleagues, friends and families our message could get out rapidly.

A JRCLS Facebook page has been set up to help facilitate communication and help the Law Society become more well known. Please visit our Facebook page http://www.facebook.com/jrcls.org and "like" the page. The video can be viewed through the JRCLS Facebook page or directly on YouTube at http://www.youtube.com/user/JReubenClarkLaw .

Please view the YouTube video and pass it on to others. We hope it will help your partners, colleagues and clients better understand your values and the values of the J. Reuben Clark Law Society. You, as a lawyer, are an asset to your community. Be an influence for good.

Lawyers as Problem Solvers

2011-09-22T16:19:00.003-07:00

A couple of years ago, before I started law school, I worked at my dad’s firm. He does a lot of contract drafting for commercial developments, and his partner does construction litigation. As I spoke to my dad’s partner one afternoon, he clarified the difference between those two fields of law in a way that stuck with me. He said, “your dad prevents problems, and I clean up problems.” My dad, who happened to be in the vicinity, responded by saying, “many attorneys forget that we are not here to create problems, but to resolve them.” As a clerk at a family law firm this summer, I realized that those words are not only applicable to any field of law, but they are also important to remember as we work with clients that are passing through very difficult experiences.

Today I received an email with a link to a talk by James E. Faust, which was posted on YouTube by the J. Reuben Clark Law Society. The video, entitled “Lawyers as Healers,” discusses the duties we, as attorneys (or future attorneys), have to society, and how we can best fulfills those duties. President Faust counsels, “you need to be more than skilled advocates, you need to be decent human beings trying to solve problems.” Of course, this is counsel that is applicable to all attorneys, and not just those of the LDS faith.

As I watched the video I was reminded of a talk by Boyd K. Packer that I read during my 1L year. In that talk President Packer declares, “The Lord needs you who are trained in the law. You can do for this people what others cannot do . . . You have, or should have, the spirit of discernment. It was given you when you had conferred upon you the gift of the Holy Ghost.” This counsel is both humbling and ennobling. Although President Faust’s words are applicable to all attorneys, President Packer notes that there is an added responsibility for lawyers within the church. If we live up to that responsibility by trying our best to resolve problems, we can bring peace to the lives of our clients and fulfillment to our own lives.

Legal Briefs: Jail Mail, Utah Alcohol, Bad Grammr

2011-09-21T12:15:00.000-07:00

Mormon bishop, inmates sue Cache County (Utah) Jail over mail policy. The jail's new policy restricts prisoner mail to postcards. Deseret News.

Utah further tightens its liquor laws (in my opinion some of these new laws are just ridiculous). All Headline News.

7th circuit slaps an illinois lawyer for 345 word sentence and briefs full of gibberish apparently the court gave this gentleman three different tries at filing a proper brief however the court said the complaint was generally incomprehensible and riddled with errers making it impossible for the defendants to know what wrongs they were accused of committing wow and people think that my grammar and punctuation are bad i dont even think i could write a 345 word run on sentence if i was trying ABA Journal

Do You Tweet?

2011-09-14T17:54:00.000-07:00

So...do you tweet? Does your firm tweet? Is it worth the effort? What's the point? I'm not sure that I have an answer to any of those questions, however, I would like to point out the fact that the Mormon Lawyers Blog has almost 2,500 followers. Now it's true that many of those followers are companies selling pharmaceuticals from Indonesia, there are some actual humans that read our tweets. I know this because when a new article is written on this blog I will send out a tweet giving a brief explanation of the post's content. Then sometime in the next 24 hours approximately 1% of our Twitter followers will click on the tweet's hyperlink and visit the blog. Is a 1% bump in site viewership good? What would it mean to you? Now if we could only get as many followers as Justin Bieber...he is approaching 13 million followers.

I recently came across a very interesting study showing how people use Twitter both on the receiving and sending end. Take a minute to review the article it may just help boost your bottom line or help you stay better connected to your millions of adoring fans.

Religious Tolerance Post-9/11

2011-09-09T11:17:00.005-07:00

Of course, this Sunday will be the 10^th anniversary of 9/11. As a member of the so-called “9/11 Generation,” the events of that Tuesday morning shaped a good portion of my life and helped define my view of the world. I can only vaguely remember the days when you didn't have to say goodbye to friends and family before they went through airport security. I can only vaguely remember the days when TSA didn’t randomly pat people down before a flight. I can vaguely remember, as a kid who grew up in the prosperity of the 90s, thinking that America was invincible. What I distinctly remember, however, is how I felt when I watched the second plane crash into the World Trade Center on live TV. Even more distinctly, I recall the feelings of unity, patriotism, and tolerance in the weeks that followed. Strangers were more kind. The national anthem was sung at football games with more exuberance than before. People filled the church pews in greater numbers. For a short period of time, we were truly “One Nation Under God.”

As the events of the subsequent decade unfolded, we lost much of the unity, tolerance, and kindness we shared immediately following the attacks. Once again, politics became partisan. Religious intolerance returned, and in some instances may have become worse than before. In a recent study on tolerance of diversity in America post-9/11, it was shown that Catholics and Jews are viewed favorably by 83% and 84% of Americans, respectively. However, Mormons are viewed favorably by only 67% of the American public, and American Muslims are viewed favorably by only 57%. The study also found that only 47% of Americans consider Mormons to be Christian. The low numbers of tolerance of certain religious groups, including Mormons and Muslims, seems to be in contrast to the American public’s general view of religious tolerance. 88% of “Americans agree that America was founded on the idea of religious freedom for everyone, including” unpopular religious groups. Additionally, 95% of Americans think that “all religious books should be treated with respect.” If this is so, then why is there a double-standard? What happened to the strength we found as a society in our moment of weakness?

As many of you may be aware, President Thomas S. Monson was a guest columnist for the Washington Post yesterday. President Monson likewise notes that “Americans of all faiths came together in a remarkable way” post-9/11, but we soon forgot the lessons we learned in the “depth of grief.” The prophet encouraged all Americans to return to the unity and tolerance we were forced to discover, and not turn to God only in our times of need, because “we truly ‘need Him every hour,’ not just in hours of devastation.” Hopefully we can all heed this counsel, and allow this time of reflection to remind us of the unity and kindness we all felt toward one another 10 years ago.

Legal Briefs: Colorado Temple, No Jobs, and Smoot Case.

2011-09-06T11:47:00.002-07:00

Fort Collins, Colorado neighbors fret about planned LDS temple. Times-Call.

Legal field is Nation's most difficult industry for job placement. Wall Street Journal.

Head of Mormon church called in Smoot case (recently came accross this article and thought it might be of interest). March 2, 1904. Pittsburgh Press.

The Reality of Student Loans

2011-09-01T15:26:00.004-07:00

“Yep. It’s not just monopoly money anymore.”

My wife received her student loan information in the mail a few days ago, and the reality of our student loans hit us both pretty heavily. As I work on my JD, my wife is concurrently working on her MSW. And, like most grad students in general, we rely on student loans to help us pay for those extra letters we’ll add to the end of our names on graduation day and that piece of paper we’ll frame and put in our office (about half of law students graduate with at least $100k in student loans). Knowing that we don’t need to worry about making payments on the loans until we graduate tends to make the loans seem almost fake. However, the reality of the fact that we are tens of thousands of dollars in debt, thanks to student loans, has hit us hard.

This moment of enlightenment (discouragement?) is compounded by the current state of the economy and the job market. It causes me to wonder: How long will it take us to pay off these loans? Will we ever pay off the loans at all? Will I find a good job after I graduate? Where can I find a cardboard box large enough for my wife and I to live in? I’ve always believed that a legal education is something I will never regret obtaining. I still feel that way. The real question, however, is how long it will take after graduation before my family and I can live comfortably.

Fortunately, I attend one of the law schools on this list, which means I won’t have over $100k in student debt when I graduate (interesting sidenote: 5 of the top 10 “Mormon Friendly Law Schools” from 2010 are mentioned on the list). As a result, I’ll either be able to pay off my student loans more quickly or buy some Wendy’s chicken nuggets.

International Center for Law and Religion Studies Event

2011-08-30T21:21:00.005-07:00

The International Center for Law and Religion Studies is holding its Religious Freedom Discussion, Thursday, September 15^th at 12:00 noon, MDT. Professor Robert T. Smith is to be the guest speaker. Smith will present on “Valuing Religion: Historical Tax Privileges of Churches in a Modern Secular Age.” You may attend this event in person at the Brigham Young University, J. Reuben Clark Law School (Room 472) or you can attend online. Space is limited, so to attend online, please register at https://www1.gotomeeting.com/register/795897633.

After registration, you will be sent the link to use for the presentation. This process is straight-forward, but you will need to allow 10 minutes or so to download the initial software and reconnect using your registered guest link. A recording of the presentation will be available online, so if you're interested in hearing the lecture but are unable to join us on the 15th, you can listen by going to www.iclrs.org following the presentation. If you have questions about this presentation or about the Religious Freedom Discussion Series in general, please contact Gayla Sorenson at GaylaSorenson@gmail.com. If you encounter any technical difficulties on the day of the presentation, you may contact Gayla at 215-565-6681.

7 Deadly Sins of LSAT Prep

2011-08-29T10:16:00.001-07:00

The 7 Deadly Sins of LSAT Preparation

My name is Brent Dunn. I am the founder of ACE Test Preparation, and have been helping students prepare for the LSAT for over 15 years. I am not going to bore you with all the cool things that I have been able to be a part of in that time. I probably know some of the people reading this from previous classes. I am going to be as blunt as possible about the mistakes that many LSAT takers make in their study. I realize that there are exceptions to each of these. Many people have a “friend of a friend who just took the test on a whim and got a 177.” If you are going to do well on the LSAT you should probably start by applying your critical reasoning skills to those sorts of stories, and decide if using those as a basis for your preparation is likely to yield the desired result.

1-Failure To Study

Unlike the SAT and ACT where your schoolwork offers at least a reasonable amount of preparation for the exam the LSAT is a different creature altogether. Not many people take Logic Puzzles 201 as part of their college coursework. Even very intelligent people who have succeeded gloriously in their undergraduate programs are often humbled by the LSAT. There is a reason why the more than half of the LSAT test takers score below 60 percent. College classes generally are not going to prepare you all that well for the test. I tell people in my classes that we love people that go in and take the test cold...someone has to be bottom quartile, and better them than you.

2- Procrastination

This really goes along well with the first deadly sin. People have a tendency to underestimate the amount of time that they will need to put into the test. Those people who have taken the time to gather the data have found that about 300-400 hours of study is what most people need to reach a consistent score pattern that will be close to their diminishing returns point. If you decide to start studying two months before the test that means you would need to be putting in 40 hour weeks studying LSAT. Most students simply don't have that kind of time or stamina.

3- Studying the Wrong Things

There are over 3000 pages of actual previously administered tests available. Books/classes that use their own created questions/tests are just trying to cut costs, but it is your score that will suffer. LSAT tests are extremely nuanced, and people who create their own questions/tests nearly always fail to achieve the same level of intricacy. People who have taken real LSAT questions enough to have achieved high level competency can usually spot a 'fake' LSAT question fairly easily.

4- Trying to 'Game' the Test

This goes along with the previous deadly sin. Doing well on the LSAT isn't a matter of learning how to guess, or trying to create some system for trying to pick out the easiest/hardest questions. People who do well on the LSAT learn to master basic skills of analysis, put in the time to learn the patterns of reasoning, and drill until their skills are habit. Cramming, or taking a 2-3 day class right before the test isn't going to do much for you.

5- Hubris

For those who do put in the time to study, most will encounter questions that they don't like. Even after seeing what the credited response is, they will say, “Well, I still think my answer choice is better.” Newsflash—you don't get to grade the LSAT, so it doesn't really matter what you think. Are you planning on adding an addendum to your application explaining that the admissions committee should add 4 points to your score because you think your answers were better? Good luck with that. What you really need to do is figure out why LSAC thinks that is the better response, and then adjust your thinking to match theirs (at least while taking the tests).

6- Failure to Take Simulated Tests

Based on the data that many different groups have collected, one of the strongest correlations between preparation activities and actual score is based on the number of timed, simulated practice exams. You need to regularly take timed practice tests in conditions as similar to the actual test conditions as you can create. Any good LSAT class will have these as a part of your study, but if you study on your own you should find a group of people and reserve a room for practice tests a least weekly.

7- Choosing the Wrong LSAT Class

I am not going to advocate any particular class, because I obviously have my view on what is best. Instead, I am going to tell you things that you could verify by reading posts on forums, or talking to law students. Look more for a good teacher than at the class itself. Read any chatboard and you will find this popping up over and over. “My teacher for company X was great, and really helped me.” Later on someone will post, “No way, that company sucks, I had a horrible experience.” Find out about the teachers, their background, how long they have been teaching, what sort of student successes have they generated, what sorts of reviews have they received. If possible go sit in on their class. Sometimes it is a matter of a teaching style that matches your learning style. An LSAT class is a big investment. Not just from the roughly $1000 dollars you are going to spend. What you get on the LSAT has the potential to make the price you pay for a class seem like a pittance. Take the time to find the class that gives you the best chance of success.

Truth in Advocacy

2011-08-25T19:04:00.004-07:00

This summer I had the opportunity to work as a law clerk at a small firm in Scottsdale, Arizona. It was my 1L summer, as well as my first real experience with litigation. I gained much invaluable experience and learned many things they just don’t teach in law school. I shared an office with a young associate that recently passed the bar and with whom I had many conversations regarding Christianity and the LDS church.

One afternoon, as I was drafting a motion to file with the court, I began to realize just how easy it might be to “stretch the truth” a little. I certainly wasn’t doing anything unethical, nor was I being encouraged to do so by anyone at the firm. However, I started to understand that there is often a thin line we walk when we represent our client’s best interests. I voiced this concern to the associate with whom I shared an office, only to discover that she had likewise encountered the same problem. We discussed Luke 11:46 – one of the various places that Christ voices his (not-so-gentle) feelings regarding many lawyers. I realized that being an attorney is a noble calling if it is done correctly, but that is something that can only be learned by experience. As we advocate our client’s interests, we need to strive to follow the example of Our Advocate.

On behalf of all law students and young attorneys, I welcome any advice on how to best achieve this goal.

Legal Briefs: Seminary Land, Legalizing Polygamy and Law Students

2011-08-20T09:43:00.002-07:00

Decision about seminary land questioned by Summum attorney. Salt Lake Tribune.

If polygamy becomes legal will Mormons return to practicing it? BYU's Valerie Hudson (my favorite professor while at the Y) weighs in. Salt Lake Tribune.

How law schools can produce 'practice ready' grads: start their own law firms. National Law Journal.

Optimism at the Start of Classes

2011-08-18T18:45:00.004-07:00

Anticipation, angst, hope, and heat exhaustion: this rare mixture of emotion reigned as I stepped into ASU Law School for the first time a year ago this week. The bus stop was farther from the school than I anticipated, and the air conditioning was a welcome relief from the summer sizzle. The first of three days of orientation was starting, but not one familiar face was found. “It’s hot out there, isn’t it?” said the girl who walked in with me as we took our seats in the lecture hall. Confidence soon replaced nerves and my long-awaited journey was set to begin.

One year after the beginning of my 1L year I am much more comfortable walking into the law school. The heat is still just as oppressive as ever, but the pressure in the classrooms is much more manageable. The first day of classes your 2L year is drastically different than the first day of classes your 1L year. The students no longer have a "deer in the headlights" look, and the professors don't open the class by picking on one student and bombarding him or her with the Socratic Method for an hour. I'm sure my 2L year will be no easy ride, but it certainly looks to be more enjoyable than my first year.

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2008-12-19T00:00:00-08:00

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