• There are two main ways to look like a prick.  The first is by the actions you take.   Case in point – GoDaddy CEO Bob Parson got a lot of flak, and lost a lot of customers, for his recent participation in an elephant hunt.

    The other way to look like a prick is to take an action that may be completely reasonable, but do it in a way that appears to be wholly self-focused and without consideration to the impact on others.  Such an act was allegedly committed this past week by one Paul Schiff Berman, dean of the law school at Arizona State University.

    Photo by Ryan Cassella, used with permission from WNPR

    In the last few years, ASU law school has added numerous programs and exalted faculty, increased the size of each incoming class, and added an undergraduate program.  Space at the law school is now at a premium and it’s been a challenge to accommodate everyone.  I would not be surprised if the school has given serious consideration to how it’s using its space and how it can use it more efficiently until the new facility is built downtown.

    A few suspicious things have happened recently within the law school.  First, on the schedule of classes for Fall 2011, some classes are located in the “Law Library Basement.”  There are currently no classrooms in the library’s basement, and no classes have previously been held down there.  Second, there is a rumor that architects were discovered in the law journal’s room taking measurements, allegedly for “code compliance,” but they also had design plans with them.  It looks like the school plans to take away the law journal’s space in the basement and turn it into a classroom.  The fact that space is being reallocated does not surprise me, and it’s even reasonable given the circumstances.  What disturbs me is the fact that it was done without consideration of or notification to the people who will be directly impacted, not even the journal’s faculty advisor.

    I’ve heard a few reactions from the law school student body regarding the expected changes and Berman’s reputation:

    • He made a bad assumption without proper investigation.  He assumed that journal doesn’t need the space because the journal’s layout is completed electronically instead of manually.
    • He’s a prick.
    • He acts in a way that says, “I do what I want and I’m not going to tell you about it.”

    Berman already has a reputation of acting without transparency or considering the impact of his decisions on all parties.  Here’s what Berman could have done that would have had the same result but without further damaging his already tarnished reputation.

    1. Identify that the school has a space issue.
    2. Notify anyone whose space could be changed to resolve the problem.  Explain what the problem is and what the school’s overall goal is in reallocating space.
    3. Provide an opportunity to everyone involved to express their concerns about losing their space and what their needs are regardless of what space they are in.  Providing at least a token opportunity to be heard goes a long way.  It at least gives the impression that you care.
    4. Inform people who are losing their space in advance of disclosing it directly or indirectly to the entire student body.  Apologize for any inconveniences you’re causing and try to make the transition as easy as possible.

    So what did we learn from this?  What you do matters.  How you do it matters more.

  • Recommended Classes for ASU 2Ls

    When I was a 1L, we had an Assistant Dean of Student Life named Michael Bossone whose whole job was to be there to give guidance regarding academics, career decisions, and life in general.  When I was picking out my classes for 2L year, he was there to help me compare my legal interests to the course offerings.  He was an awesome resource.  ASU College of Law school eliminated his position after he left at the end of my 1L year.  I’ve heard that this year’s 1Ls are looking for some advice on what they should take next semester so I thought I’d offer my two cents.  This is a compilation of my opinions and those of some of my fellow students on what’s being offered next semester.

    2L year is generally the year that they work you to death.  It’s a good time to take care of bar courses since most of the slots in the small seminar courses will be taken by the 3Ls.  These classes come highly recommended:

    Reviewing
    Image by mason13a via FlickrCriminal Procedure – C. Hessick
    • Criminal Procedure – C. Hessick
    • Evidence – A. Hessick (This class is a pre-req for a lot of other classes & clinics)
    • Estate & Gift Tax – Becker
    • Constitutional Law II – Matheson
    • Professional Responsibility – Cohen or Winer
    • Trademark – Halaby
    • Sports Law

    If you’re interested in taking Karjala’s Copyright or Patent class, it’s better to take Sylvester’s Intellectual Property class first to get a solid foundation for the material.  Karjala doesn’t spend much time on these basics but jumps right in to challenging the judges’ logic in the cases.

    2L year is also a great time to do an externship.  If you want to be judicial clerk after graduation, it’s imperative that you do a judicial clerkship during your 2L year.  Be aware of which judges like to hire their former externs as clerks and which ones have a policy against hiring their former externs as clerks.

    Always consider which professor is teaching the each class, and try to select the professors with which you will mesh the best.  For classes that are offered every semester, there may be a different professors assigned to teach in the fall and the spring.

    Some classes are better left for 3L year, because that’s when senioritis has set in, and it’s better to take the classes that don’t have written finals and/or the professor doesn’t assign an atrocious amount of reading.  Here are some of them:

    • Advanced Legal Writing
    • Decedent’s Estates
    • Lawyering Theory & Practice – one the easier skills classes to take
    • Advanced Legal Research
    • Trial Advocacy
    • Applied Evidence and Trial Advocacy
    • Creative Writing for Lawyers

    3L year is also the best time to participate in a clinic.

    As you’re selecting classes, be mindful that some seminar classes are only offered once every other year.  That means you’ll only have one chance during your law school career to take those classes, so it might be worth it to arrange your schedule around those classes.

    Remember, if the school doesn’t offer a class in a subject you are interested in, you can always do an Independent Study.  It’s also an easy way to add 1 or 2 credits to your course load.

    Good luck registering for classes.  If you have any questions regarding class selection or if any 2Ls, 3Ls, and graduates want to leave feedback on any class they’ve taken, please leave them as comments.

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  • ASU Law Must Think We’re Morons

    When I was a 1L, the school told us that the copy center at the law school had class outlines for sale.  There were dozens of outlines created by previous students available.  For some classes they are a necessity, and for others, it’s just nice to have another person’s outline to compare to your own and to have another person’s take on the material.

    Photo by Ryan Cassella, used with permission from WNPR

    Mysteriously, these outlines have disappeared from the copy center this semester, except for two “professor-approved” outlines.  Apparently, Dean Berman didn’t like that an outline for his Civil Procedure class was available.  It was over 100 pages long, and according to an email he sent to his students, it was almost verbatim what he said during his lectures.  The rumor is he didn’t want this outline to be available because he thought students should create their own outlines.  There was also another rumor that a different professor didn’t want students to have an outline for her class that clearly explained concepts because she liked it when students suffered.

    I think this is probably Berman’s mental logic: “I benefited from making my own outlines from scratch without outside help, so no one else should be able to have external help from others’ notes.”  It doesn’t matter what Berman likes or doesn’t like.  It’s about the students being able to learn the material.  If having another information source is helpful, especially if they’re willing to pay the school extra to have it, then so be it!  Just because the school doesn’t like it or encourage it in general, it doesn’t make it wrong.

    Here’s the moronic part – outlines are widely available and easily passed from student to student.  Student clubs have their own outline banks that they freely share with their members.  Any student whose judgment is so bad as to assume a 50-page outline will substitute for an 800-page textbook and a semester’s worth of lectures, shouldn’t be in law school in the first place.  Such assumptions only reflect the lack of confidence Dean Berman has in his students’ intellect and judgment.  The only thing the school did was cut off a revenue stream.  Given how much the school has had to raise tuition and class size, this seems like a really stupid thing to do.

    And to top all of this off, the school didn’t think to inform the student body about this change.  The outlines simply disappeared at the end of last semester.  This lack of transparency makes me question what else the school might be hiding from students, its consumers and future donors.

    Let me be clear, this is not a post demanding that the outlines be reinstated because I believe it’s an entitlement afforded to all law students.  I simply mean to enumerate one more example of a poorly chosen policy and the law school’s consistent inability to effectively instate such overhauls.  Not to mention the school’s now predictable attitude toward communicating with its students, that of don’t ask don’t tell.

    And since I’m on my soapbox, I don’t think Berman should be teaching class.  He has enough to do with raising money for the school.  According to this year’s students, he frequently cancelled class due to his other job duties and made them up with marathon classes.  I hear he’s actually a good teacher, but I don’t think he should be an instructor and an administrator.  If I was one of his students, I would have been pissed.

    Special thanks to my anonymous co-writer this week.

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