Life of a Law Student http://www.lifeofalawstudent.com The Life of a Law Student project chronicles the material presented to and learned by law students across the country and around the world. The project was created by Neil Wehneman, an incoming transfer student at Indiana University at Indianapolis and led by Rob Wiltbank, a Criminal Justice undergrad at Delaware Tech and the University of Delaware. Feeds are segmented by course. Tue, 06 Mar 2012 17:02:06 +0000 http://wordpress.org/?v=2.6 en http://www.lifeofalawstudent.com http://www.lifeofalawstudent.com//wp-content/themes/fleur/img/fdl_icon.gif Life of a Law Student ©Rob Wiltbank and the LoaLS Team rob@lifeofalawstudent.com (Rob Wiltbank and the LoaLS Team) rob@lifeofalawstudent.com(Rob Wiltbank and the LoaLS Team) 1440 law school, law student, legal, law, court, school, constitution, criminal To make as much legal knowledge and information freely available, to as many people, in as many ways, as is possiblehellip; The Life of a Law Student project chronicles the material presented to and learned by law students across the country and around the world. The project was created by Neil Wehneman, an incoming transfer student at Indiana University at Indianapolis and led by Rob Wiltbank, a Criminal Justice undergrad at Delaware Tech and the University of Delaware. Feeds are segmented by course. Rob Wiltbank and the LoaLS Team Rob Wiltbank and the LoaLS Team rob@lifeofalawstudent.com No no http://www.lifeofalawstudent.com/images/podcast.jpg Life of a Law Student http://www.lifeofalawstudent.com 144 144 Evidence 10: Authentication and Original Writing http://www.lifeofalawstudent.com/2011/04/26/evidence-10-authentication-and-original-writing/ http://www.lifeofalawstudent.com/2011/04/26/evidence-10-authentication-and-original-writing/#comments Tue, 26 Apr 2011 12:24:34 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=577 In our final episode of our Evidence series, we talk about the 900 and 1000 rules on Authentication and the Original Writing requirement.

Rule 901. Requirement of Authentication or Identification
Rule 902. Self-authentication
Rule 903. Subscribing Witness’ Testimony Unnecessary

Rule 1001. Definitions
Rule 1002. Requirement of Original
Rule 1003. Admissibility of Duplicates
Rule 1004. Admissibility of Other Evidence of Contents
Rule 1005. Public Records
Rule 1006. Summaries
Rule 1007. Testimony or Written Admission of Party
Rule 1008. Functions of Court and Jury

]]> http://www.lifeofalawstudent.com/2011/04/26/evidence-10-authentication-and-original-writing/feed/ 16:57 In our final episode of our Evidence series, we talk about the 900 and 1000 rules onnbsp;Authentication and the Original Writing requirement. Rule 901. Requirement of ... In our final episode of our Evidence series, we talk about the 900 and 1000 rules onnbsp;Authentication and the Original Writing requirement. Rule 901. Requirement of Authentication or Identification Rule 902. Self-authentication Rule 903. Subscribing Witness' Testimony Unnecessary Rule 1001. Definitions Rule 1002. Requirement of Original Rule 1003. Admissibility of Duplicates Rule 1004. Admissibility of Other Evidence of Contents Rule 1005. Public Records Rule 1006. Summaries Rule 1007. Testimony or Written Admission of Party Rule 1008. Functions of Court and Jury 2L/3L,,Evidence,,Northwestern,University,Law,,Steve,Wasick Rob Wiltbank and the LoaLS Team no No Evidence #9: Presumptions http://www.lifeofalawstudent.com/2011/04/26/evidence-9-presumptions/ http://www.lifeofalawstudent.com/2011/04/26/evidence-9-presumptions/#comments Tue, 26 Apr 2011 12:21:22 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=576 In this episode of Life of a Law Student, we’ll be discussion Presumptions.

Rule 301. Presumptions in General Civil Actions and Proceedings
Rule 302. Applicability of State Law in Civil Actions and Proceedings

]]> http://www.lifeofalawstudent.com/2011/04/26/evidence-9-presumptions/feed/ 13:51 In this episode of Life of a Law Student, we'll be discussion Presumptions. Rule 301. Presumptions in General Civil Actions and Proceedings Rule 302. Applicability of State ... In this episode of Life of a Law Student, we'll be discussion Presumptions. Rule 301. Presumptions in General Civil Actions and Proceedings Rule 302. Applicability of State Law in Civil Actions and Proceedings 2L/3L,,Evidence,,Northwestern,University,Law,,Steve,Wasick Rob Wiltbank and the LoaLS Team no No Evidence #8: Lay and Expert Witnesses http://www.lifeofalawstudent.com/2011/04/26/evidence-8-lay-and-expert-witnesses/ http://www.lifeofalawstudent.com/2011/04/26/evidence-8-lay-and-expert-witnesses/#comments Tue, 26 Apr 2011 12:19:08 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=575 In Evidence, episode 8, we’re talking about who can testify and how the testimony must occur.

Rule 602. Lack of Personal Knowledge

Rule 701. Opinion Testimony by Lay Witnesses
Rule 702. Testimony by Experts
Rule 703. Bases of Opinion Testimony by Experts
Rule 704. Opinion on Ultimate Issue
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion
Rule 706. Court Appointed Experts

]]> http://www.lifeofalawstudent.com/2011/04/26/evidence-8-lay-and-expert-witnesses/feed/ 29:11 In Evidence, episode 8, we're talking about who can testify and how the testimony must occur. Rule 602. Lack of Personal Knowledge Rule 701. Opinion Testimony by ... In Evidence, episode 8, we're talking about who can testify and how the testimony must occur. Rule 602. Lack of Personal Knowledge Rule 701. Opinion Testimony by Lay Witnesses Rule 702. Testimony by Experts Rule 703. Bases of Opinion Testimony by Experts Rule 704. Opinion on Ultimate Issue Rule 705. Disclosure of Facts or Data Underlying Expert Opinion Rule 706. Court Appointed Experts 2L/3L,,Evidence,,Northwestern,University,Law,,Steve,Wasick Rob Wiltbank and the LoaLS Team no No Evidence #7: Character Evidence II http://www.lifeofalawstudent.com/2011/03/06/evidence-7-character-evidence-ii/ http://www.lifeofalawstudent.com/2011/03/06/evidence-7-character-evidence-ii/#comments Sun, 06 Mar 2011 17:12:37 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=569 Steve continues his podcast on character evidence, discussing the Federal Rules of Evidence covering credibility, character and impeachment.

Rule 608. Evidence of Character and Conduct of Witness

Rule 609. Impeachment by Evidence of Conviction of Crime

]]> http://www.lifeofalawstudent.com/2011/03/06/evidence-7-character-evidence-ii/feed/ 38:15 Steve continues his podcast on character evidence, discussing the Federal Rules of Evidence covering credibility, character and impeachment. Rule 608. Evidence of Character and Conduct of ... Steve continues his podcast on character evidence, discussing the Federal Rules of Evidence covering credibility, character and impeachment. Rule 608. Evidence of Character and Conduct of Witness Rule 609. Impeachment by Evidence of Conviction of Crime 2L/3L,,Evidence,,Northwestern,University,Law,,Steve,Wasick Rob Wiltbank and the LoaLS Team no No Evidence #6: Character Evidence I http://www.lifeofalawstudent.com/2011/03/06/evidence-6-character-evidence-i/ http://www.lifeofalawstudent.com/2011/03/06/evidence-6-character-evidence-i/#comments Sun, 06 Mar 2011 15:33:31 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=568 In this episode of Evidence, Steve Wasick presents the first of a two part series on character evidence, covering Federal Rules of Evidence 404 and 405.

Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes

Rule 405. Methods of Proving Character

]]> http://www.lifeofalawstudent.com/2011/03/06/evidence-6-character-evidence-i/feed/ 32:41 In this episode of Evidence, Steve Wasick presents the first of a two part series on character evidence, covering Federal Rules of Evidence 404 and ... In this episode of Evidence, Steve Wasick presents the first of a two part series on character evidence, covering Federal Rules of Evidence 404 and 405. Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes Rule 405. Methods of Proving Character 2L/3L,,Evidence,,Northwestern,University,Law,,Steve,Wasick Rob Wiltbank and the LoaLS Team no No Evidence #5: Hearsay Issues http://www.lifeofalawstudent.com/2011/03/05/evidence-5-hearsay-issues/ http://www.lifeofalawstudent.com/2011/03/05/evidence-5-hearsay-issues/#comments Sat, 05 Mar 2011 18:06:17 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=567 In Evidence #5, Steve Wasick talks about unavailable declarants, the residual hearsay exception and the confrontation clause.

Rule 804. Hearsay Exceptions; Declarant Unavailable

Rule 807. Residual Exception

]]> http://www.lifeofalawstudent.com/2011/03/05/evidence-5-hearsay-issues/feed/ 29:29 In Evidence #5, Steve Wasick talks about unavailable declarants, the residual hearsay exception and the confrontation clause. Rule 804. Hearsay Exceptions; Declarant Unavailable Rule 807. Residual Exception In Evidence #5, Steve Wasick talks about unavailable declarants, the residual hearsay exception and the confrontation clause. Rule 804. Hearsay Exceptions; Declarant Unavailable Rule 807. Residual Exception 2L/3L,,Evidence,,Northwestern,University,Law,,Steve,Wasick Rob Wiltbank and the LoaLS Team no No Evidence #4: Admissible Statements and Hearsay Exceptions http://www.lifeofalawstudent.com/2011/03/05/evidence-4-admissible-statements-and-hearsay-exceptions/ http://www.lifeofalawstudent.com/2011/03/05/evidence-4-admissible-statements-and-hearsay-exceptions/#comments Sat, 05 Mar 2011 16:36:27 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=566 In Evidence #4, Steve Wasick covers statements that are not hearsay under Rule 801(d) and hearsay statements that are admissible under the exceptions of Rule 803.

Rule 801. Definitions

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial

]]> http://www.lifeofalawstudent.com/2011/03/05/evidence-4-admissible-statements-and-hearsay-exceptions/feed/ 46:33 In Evidence #4, Steve Wasick covers statements that are not hearsay under Rule 801(d) and hearsay statements that are admissible under the exceptions of Rule ... In Evidence #4, Steve Wasick covers statements that are not hearsay under Rule 801(d) and hearsay statements that are admissible under the exceptions of Rule 803. Rule 801. Definitions Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial 2L/3L,,Evidence,,Northwestern,University,Law,,Steve,Wasick Rob Wiltbank and the LoaLS Team no No Evidence #3: Introduction to Hearsay http://www.lifeofalawstudent.com/2011/03/05/evidence-3-introduction-to-hearsay/ http://www.lifeofalawstudent.com/2011/03/05/evidence-3-introduction-to-hearsay/#comments Sat, 05 Mar 2011 12:27:34 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=565 In this episode of Life of a Law Student, Steve Wasick talks about the basics of hearsay under the Federal Ruleof Evidence 801.

Rule 801. Definitions

]]> http://www.lifeofalawstudent.com/2011/03/05/evidence-3-introduction-to-hearsay/feed/ 30:15 In this episode of Life of a Law Student, Steve Wasick talks about the basics of hearsay under the Federal Ruleof Evidence 801. Rule 801. Definitions In this episode of Life of a Law Student, Steve Wasick talks about the basics of hearsay under the Federal Ruleof Evidence 801. Rule 801. Definitions 2L/3L,,Evidence,,Northwestern,University,Law,,Steve,Wasick Rob Wiltbank and the LoaLS Team no No Evidence #2: Admissibility http://www.lifeofalawstudent.com/2011/03/03/evidence-2-admissibility/ http://www.lifeofalawstudent.com/2011/03/03/evidence-2-admissibility/#comments Fri, 04 Mar 2011 02:56:06 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=564 Steve has sent me a good-sized round of podcasts on Evidence — I’m currently working on getting them setup for publishing, but we hope to have them all out in time for midterms.

In Episode #2 of Evidence, Steve covers Federal Rules of Evidence 407-411 which touch on exclusions of evidence that, despite being relevant, isn’t admissible.

Rule 407. Subsequent Remedial Measures

Rule 408. Compromise and Offers to Compromise

Rule 409. Payment of Medical and Similar Expenses

Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements

Rule 411. Liability Insurance

]]> http://www.lifeofalawstudent.com/2011/03/03/evidence-2-admissibility/feed/ 26:48 Steve has sent me a good-sized round of podcasts on Evidence -- I'm currently working on getting them setup for publishing, but we hope to ... Steve has sent me a good-sized round of podcasts on Evidence -- I'm currently working on getting them setup for publishing, but we hope to have them all out in time for midterms. In Episode #2 of Evidence, Steve covers Federal Rules of Evidence 407-411 which touch on exclusions of evidence that, despite being relevant, isn't admissible. Rule 407. Subsequent Remedial Measures Rule 408. Compromise and Offers to Compromise Rule 409. Payment of Medical and Similar Expenses Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements Rule 411. Liability Insurance 2L/3L,,Evidence,,Northwestern,University,Law,,Steve,Wasick Rob Wiltbank and the LoaLS Team no No Evidence #1: Relevence http://www.lifeofalawstudent.com/2011/02/20/evidence-1-relevence/ http://www.lifeofalawstudent.com/2011/02/20/evidence-1-relevence/#comments Sun, 20 Feb 2011 14:50:12 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=561 I’d like to start off by welcoming Steve Wasick to the Life of a Law Student team!

Steve is a 2L at Northwestern University who has taken the time out of his studies to create a new series for us based on his Evidence class.  Thank you, Steve and we appreciate your hard work!

In this, the inaugural episode of Evidence, Steve covers Evidence, covering the following:

Rule 401: Definition of “Relevant Evidence.”

Rule 402: Admissibility based on relevance.

Rule 104(b): Conditional relevance.

]]> http://www.lifeofalawstudent.com/2011/02/20/evidence-1-relevence/feed/ 23:06 I'd like to start off by welcoming Steve Wasick to the Life of a Law Student team! Steve is a 2L at Northwestern University who has ... I'd like to start off by welcoming Steve Wasick to the Life of a Law Student team! Steve is a 2L at Northwestern University who has taken the time out of his studies to create a new series for us based on his Evidence class. nbsp;Thank you, Steve and we appreciate your hard work! In this, thenbsp;inaugural episode of Evidence, Steve covers Evidence, covering the following: Rule 401: Definition of "Relevant Evidence." Rule 402: Admissibility based on relevance. Rule 104(b): Conditional relevance. 2L/3L,,Evidence,,Northwestern,University,Law,,Steve,Wasick Rob Wiltbank and the LoaLS Team no No Hearsay Exception Song http://www.lifeofalawstudent.com/2010/02/22/hearsay-exception-song/ http://www.lifeofalawstudent.com/2010/02/22/hearsay-exception-song/#comments Mon, 22 Feb 2010 13:28:28 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=558 Funny! Brought to my attention through Andrew V, thanks!

]]> http://www.lifeofalawstudent.com/2010/02/22/hearsay-exception-song/feed/ The Art of the Law School Transfer http://www.lifeofalawstudent.com/2009/09/19/the-art-of-the-law-school-transfer/ http://www.lifeofalawstudent.com/2009/09/19/the-art-of-the-law-school-transfer/#comments Sat, 19 Sep 2009 22:05:33 +0000 Neil http://www.lifeofalawstudent.com/?p=552 As many of you know, I transferred law schools after my 1L year. Many law students consider transferring after their 1L year, generally to move to a higher ranked school.

I transferred because I was marrying someone out of state (and dropping a little in the law school rankings), so I didn’t have the same academic pressure. Unfortunately, that transfer process did not go smoothly for me.

Thankfully, a LoaLS listener has written a comprehensive guide on transferring, appropriately entitled The Art of the Law School Transfer. I provided my narrative as an epilogue, and the book is now available! The author was kind enough to send me a review copy.

Here’s my official “review” of The Art of the Law School Transfer: “Any law student that isn’t 100% satisfied with their current school should invest the time and money to read this book. Well-written, practical, and comprehensive, The Art of the Law School Transfer walks you through the entire tightrope that is transferring: from whether you should consider transferring to how to succeed at your new school.”

You can buy The Art of the Law School Transfer via Amazon.com

- Neil

]]> http://www.lifeofalawstudent.com/2009/09/19/the-art-of-the-law-school-transfer/feed/ A Plea to New Law Students http://www.lifeofalawstudent.com/2009/09/16/a-plea-to-new-law-students/ http://www.lifeofalawstudent.com/2009/09/16/a-plea-to-new-law-students/#comments Wed, 16 Sep 2009 14:32:57 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=551 Among other things, I am Firearms Instructor.

When I tell people this, it’s usually a 50/50 split as to whether their eyes are filled with fear or interest.  Minds have been conditioned by the media and social biases that “Guns are bad.”  When I counsel students at the college where I work who are starting their education in legal studies, I ask them a few questions (this works a bit better during an election year):

1) Do you think guns should be banned?
2) The guy who held the sign “You’re a Liar” in the front row of an Obama/Bush rally — should  he have been escorted out?
3) Should a person be allowed to wear their pants low so you can see their boxers?
4) Are DUI checkpoints a good idea?

Each of these issues deals with specific individual freedoms guaranteed by our Constitution, some of which have been compromised, but all of which usually (8 times out of 10) solicit an expected knee-jerk response from the person I’m asking.  So, here is my plea to you — the incoming 1L class:

Wait. When you’re asked a question such as the one above, bite your tongue and prevent yourself from giving the “right” answer…  The “right” answer being common sense.  Instead, take a few moments and think, not just about the rights of the people and public safety, but of the rights of the individual.  Remember that “the people” are comprised of individuals and each of us has inalienable rights — remember your Con Law case studies…  Once you’ve taken everything into account, then give the “correct” answer.

Express. When you have a spirited debate, pot shots are bound to happen, but I beg that, while you should debate and defend your position with zeal, that you do so as civily as possible.  Resorting to foul language can instantly destroy any credibility you may have built and you will most certainly loose any respect gained by your opponent.

Love. Our Constitution is a wonderfully glorious thing — it laid the foundations for our individual freedoms and our way of living.  If, at this very moment, you believe that jump-out squads and curfews are good for public safety; if you believe someone who says, “Fuck” in public should be cited with disorderly conduct; if you think that police should be allowed to require you to show them your ID at will…  I beg of you to learn all of the reasons to hate these ideas and love your Constitution and freedoms it provides you.  Research the case history and learn WHY obvious criminals are let go because an officer illegally siezed a weapon and cherrish that.  Understand that the laws that let suspects off on “technicalities” aren’t just there for them, but that every single day they protect people like you.

Once you’ve done this, if you still believe your previous notions were correct then, by all means, return to them.  You’ll go back, not only with an appreciation for the other side, but you’ll be better able to defend your position because you will understand your opponent and their line of reasoning.

Good luck on your Fall semester, my friends…  keep up with your reading and remember to challenge your mind every single day.

]]> http://www.lifeofalawstudent.com/2009/09/16/a-plea-to-new-law-students/feed/ LoaLS #1 on Online Schools Blog Choice http://www.lifeofalawstudent.com/2009/08/03/loals-1-on-online-schools-blog-choice/ http://www.lifeofalawstudent.com/2009/08/03/loals-1-on-online-schools-blog-choice/#comments Mon, 03 Aug 2009 11:41:31 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=549 I found out this morning that Life of a Law Student is the top choice over at OnlineSchools.Org on their list of 100 Best Blogs for Law School Students.

“Law school is an arduous ordeal few are prepared to undertake. In recent years, the proliferation of technology has made it easier for students to get study tips, career advice or anything else they may need. Blogs have been especially useful for sharing information between people. Whether you’re already in law school or are thinking about applying check out the 100 best blogs for law school students.”

Head on over to their Blog Post and check out their article!

]]> http://www.lifeofalawstudent.com/2009/08/03/loals-1-on-online-schools-blog-choice/feed/ Fixing Podcasts http://www.lifeofalawstudent.com/2009/04/30/fixing-podcasts/ http://www.lifeofalawstudent.com/2009/04/30/fixing-podcasts/#comments Thu, 30 Apr 2009 14:54:56 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=548 Greetings, folks!

So, in the course of migration from Podango, several of our podcasts had become corrupted.  I have begun restoring the process from DVD backup, though it will take a while.  Criminal Law has been fixed as well as Property Law — the others will need to be manually edited since our automated process for assembling the episode together with the intro and outro is gone.

I appreciate your patience!

]]> http://www.lifeofalawstudent.com/2009/04/30/fixing-podcasts/feed/ Feed Woes Update http://www.lifeofalawstudent.com/2009/01/07/feed-woes-update/ http://www.lifeofalawstudent.com/2009/01/07/feed-woes-update/#comments Wed, 07 Jan 2009 17:59:17 +0000 Rob Wiltbank 590216093 It pays to be a programmer sometimes.

I just finished writing a script to migrate our database so the podcasts, which previously pointed to the Podango feed, now point to a valid source location.  You can now listen to our podcasts through the website or you can subscribe to the various classes at our feedpage — you can click the iTunes Subscribe button and it will add that feed to the list of your podcasts using iTunes as your podcatcher.  You can find our feed list here: http://www.lifeofalawstudent.com/podcast-feeds/

NOTE: Subscribing through the iTunes Store will still be problematic as we have to speak with iTunes support to make that change for us and those types of requests usually take some time to process.   So, we’d greatly appreciate it if you could pass along the word about the update.

Oh, and Happy New Year folks. :)

]]> http://www.lifeofalawstudent.com/2009/01/07/feed-woes-update/feed/ Of Feeds and Technical Difficulties http://www.lifeofalawstudent.com/2009/01/03/of-feeds-and-technical-difficulties/ http://www.lifeofalawstudent.com/2009/01/03/of-feeds-and-technical-difficulties/#comments Sat, 03 Jan 2009 11:22:26 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=544 Greetings, folks…

As of December 31st, 2008, our primary feed provider, Podango, decided to reorganize and switch from a free-based service to a fee-based service.  In true internet fashion, they gave everyone about a weeks notice to switch everything over and forward their RSS feeds.  Being in and out of the hospital after Christmas, needless to say I had zero time to accomplish this, so we’ll be having a period of maintenance ourselves while we switch all of our podcasts from podango feeds to another feed service or host the feed ourselves.

I want to stress that no content has been lost — we have all of our episodes, so we’re golden there…  please just bear with us as we go through this period of reorganization.

]]> http://www.lifeofalawstudent.com/2009/01/03/of-feeds-and-technical-difficulties/feed/ It’s Time For Finals! http://www.lifeofalawstudent.com/2008/12/11/its-time-for-finals/ http://www.lifeofalawstudent.com/2008/12/11/its-time-for-finals/#comments Thu, 11 Dec 2008 15:53:18 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=542 It’s time for finals and, in the spirit of reviewing, Fitz found this great video on YouTube.  Enjoy!

]]> http://www.lifeofalawstudent.com/2008/12/11/its-time-for-finals/feed/ The Constution, Bill of Rights and Bankrupcy Procedures http://www.lifeofalawstudent.com/2008/10/11/the-constution-bill-of-rights-and-bankrupcy-procedures/ http://www.lifeofalawstudent.com/2008/10/11/the-constution-bill-of-rights-and-bankrupcy-procedures/#comments Sat, 11 Oct 2008 21:14:25 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=540 Fitz, over at The Law Pod, has updated his iPod Touch and iPhone resource with the Constitution and the Amendments along with the Federal Rules of Bankruptcy Procedure.  Interestingly, you can browse to the pages directly on your PC or Macintosh, but only with Safari (Apple’s browser) or Google’s “Chrome”, but only because it used Apple’s toolkit to develop it, so those two browsers support iPhone and iPod Touch formatted pages and features.

Thanks for the update, Fitz!

]]> http://www.lifeofalawstudent.com/2008/10/11/the-constution-bill-of-rights-and-bankrupcy-procedures/feed/ Federal Rules http://www.lifeofalawstudent.com/2008/10/06/federal-rules/ http://www.lifeofalawstudent.com/2008/10/06/federal-rules/#comments Mon, 06 Oct 2008 16:44:28 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=538 Fitz, over at The Law Pod, has a great resource for your iPhone or your iPod Touch.

Law Pod’s web applications can be quickly and easily installed on your iPhone or iPod Touch by following the directions on the law pod home page. The Law Pod currently features the following web applications:

- Federal Rules of Civil Procedure
- Federal Rules of Criminal Procedure
- Federal Rules of Appellate Procedure
- Federal Rules of Evidence

Upcoming Law Pod web applications include:
- Model Penal Code
- U.S. Constitution + Amendments
- Federal Rules of Bankruptcy
- And Many More!

The Law Pod is a perfect companion for lawyers and law students.

You can find more information at Apple’s Website or, again, at The Law Pod.  Thanks, Fitz!

]]> http://www.lifeofalawstudent.com/2008/10/06/federal-rules/feed/ News and Views #23: New Feeds And Nominations http://www.lifeofalawstudent.com/2008/09/15/news-and-views-23-new-feeds-and-nominations/ http://www.lifeofalawstudent.com/2008/09/15/news-and-views-23-new-feeds-and-nominations/#comments Tue, 16 Sep 2008 01:05:23 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=536 In this episode, we let you know that our two new feeds are both finally up — Introduction to Criminal Justice is a 100-level Criminal Justice course for Delaware Tech and Criminal Judiciary is a 200-level Criminal Justice course at Delaware Tech.  Both feeds should be up on iTunes shortly; however, in the mean time, you can subscribe to the feed through iTunes by going to our Feeds back and clicking on the iTunes icon next to the feed name.

Also, nominations for the 2008 Podcast Awards has begun!  Please visit http://www.podcastawards.com/ and, under the Education topic, please nominate us!  Part of the criteria for selection is the number of nominations received…  You only need to nominate once and the period ends soon, so please lend us a hand with this!

]]> http://www.lifeofalawstudent.com/2008/09/15/news-and-views-23-new-feeds-and-nominations/feed/ 7:08 In this episode, we let you know that our two new feeds are both finally up -- Introduction to Criminal Justice is a 100-level Criminal ... In this episode, we let you know that our two new feeds are both finally up -- Introduction to Criminal Justice is a 100-level Criminal Justice course for Delaware Tech and Criminal Judiciary is a 200-level Criminal Justice course at Delaware Tech. nbsp;Both feeds should be up on iTunes shortly; however, in the mean time, you can subscribe to the feed through iTunes by going to our Feeds back and clicking on the iTunes icon next to the feed name. Also, nominations for the 2008 Podcast Awards has begun! nbsp;Please visit http://www.podcastawards.com/ and, under the Education topic, please nominate us! nbsp;Part of the criteria for selection is the number of nominations received... nbsp;You only need to nominate once and the period ends soon, so please lend us a hand with this! News,and,Views Rob Wiltbank and the LoaLS Team no No Criminal Judiciary #2: Law and Crime http://www.lifeofalawstudent.com/2008/09/12/criminal-judiciary-2-law-and-crime/ http://www.lifeofalawstudent.com/2008/09/12/criminal-judiciary-2-law-and-crime/#comments Sat, 13 Sep 2008 02:36:54 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=535 In this episode of Criminal Judiciary, we get a brief overview of the history of our law and its English roots.  Common law, civil law and criminal law and basic legal concepts are explained and we learn the different between “beyond a reasonable doubt” and “beyond a preponderance of the evidence.”

Just a reminder that in a couple of days, nominations for the 2008 Podcast Awards will be opening, we hope we can count on you to drop up a nomination for the Best Educational Podcast!

]]> http://www.lifeofalawstudent.com/2008/09/12/criminal-judiciary-2-law-and-crime/feed/ 23:02 In this episode of Criminal Judiciary, we get a brief overview of the history of our law and its English roots. nbsp;Common law, civil law ... In this episode of Criminal Judiciary, we get a brief overview of the history of our law and its English roots. nbsp;Common law, civil law and criminal law and basic legal concepts are explained and we learn the different between "beyond a reasonable doubt" and "beyond a preponderance of the evidence." Just a reminder that in a couple of days, nominations for the 2008 Podcast Awards will be opening, we hope we can count on you to drop up a nomination for the Best Educational Podcast! Criminal,Judiciary,,Delaware,Tech,,Rob,Wiltbank,,Undergraduate Rob Wiltbank and the LoaLS Team no No In Our Thoughts… http://www.lifeofalawstudent.com/2008/09/11/in-our-thoughts/ http://www.lifeofalawstudent.com/2008/09/11/in-our-thoughts/#comments Thu, 11 Sep 2008 13:25:10 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=533 I just wanted to take a brief moment to recognize the 7th anniversary of the attack on the World Trade Center towers on September 11th, 2001.  The injured and those who were lost and their survivors are in my thoughts today.

]]> http://www.lifeofalawstudent.com/2008/09/11/in-our-thoughts/feed/ Intro to Criminal Justice #1: Justice and Public Safety http://www.lifeofalawstudent.com/2008/09/09/intro-to-criminal-justice-1-justice-and-public-safety/ http://www.lifeofalawstudent.com/2008/09/09/intro-to-criminal-justice-1-justice-and-public-safety/#comments Wed, 10 Sep 2008 01:58:34 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=530 Benjamin Franklin was once quoted as saying, “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”  There’s a balance that must be struck between maintaing individual rights while balancing them against the interest of public safety.  In this, our innaugural episode of Introduction to Criminal Justice, we’ll be discussing the basic concepts of criminal justice and the judicial process.  You can also learn more about the association of corporate counsel at martindale.com, a company that provides information regarding professional legal associations.

I would like to remind our listeners that this podcast is part of our new undergraduate content — it is a 100 level course for the Criminal Justice program at Delaware Tech.  We hope you enjoy our new shows!  When you’re done listening, we ask that you stop by our website at http://www.lifeofalawstudent.com/ and check us out.  On September 15th, we’re asking all of our listeners to click on the Podcast Awards banner on our website and nominate us for the Best Education Podcast…  With close to 450 episodes, we feel we’ve earned it and hope that you do, too!

]]> http://www.lifeofalawstudent.com/2008/09/09/intro-to-criminal-justice-1-justice-and-public-safety/feed/ 27:42 Benjamin Franklin was once quoted as saying, "They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." ... Benjamin Franklin was once quoted as saying, "They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." nbsp;There's a balance that must be struck between maintaing individual rights while balancing them against the interest of public safety. nbsp;In this, our innaugural episode of Introduction to Criminal Justice, we'll be discussing the basic concepts of criminal justice and the judicial process.nbsp; You can also learn more about the association of corporate counsel at martindale.com, a company that provides information regarding professional legal associations. I would like to remind our listeners that this podcast is part of our new undergraduate content -- it is a 100 level course for the Criminal Justice program at Delaware Tech. nbsp;We hope you enjoy our new shows! nbsp;When you're done listening, we ask that you stop by our website at http://www.lifeofalawstudent.com/ and check us out. nbsp;On September 15th, we're asking all of our listeners to click on the Podcast Awards banner on our website and nominate us for the Best Education Podcast... nbsp;With close to 450 episodes, we feel we've earned it and hope that you do, too! Delaware,Tech,,Introduction,to,Criminal,Justice,,Rob,Wiltbank,,Undergraduate Rob Wiltbank and the LoaLS Team no No News and Views #22: New Feeds and Podcast Awards! http://www.lifeofalawstudent.com/2008/08/30/news-and-views-22-new-feeds-and-podcast-awards/ http://www.lifeofalawstudent.com/2008/08/30/news-and-views-22-new-feeds-and-podcast-awards/#comments Sat, 30 Aug 2008 23:09:58 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=524 This is a quick podcast to tell you about a couple of new feeds we have no for the Fall and to request your help!

To begin with, Episode 1 of our Criminal Judiciary podcast is up and available!  By tomorrow, I’m hoping to have up the first episode of the Introduction to Criminal Justice podcast — listen to the podcast for details on what they cover.

Lastly, our call for help…

Come September 15th, nominations will open for Podcast Awards.com Listener’s Choice Award.  For 2008, Life of a Law Student will be seeking nomination for the Best Podcast in the area of Education so, come mid-September, we ask that all of our listeners go to http://podcastawards.com/ and give us a nomination.  40% of the decision on whether or not a podcast will be nominated is on the number of nominations, so we’ll be dropping reminders as we get closer to the date!

Can we count on you?  Drop us a comment here and let us know!

]]> http://www.lifeofalawstudent.com/2008/08/30/news-and-views-22-new-feeds-and-podcast-awards/feed/ 5:08 This is a quick podcast to tell you about a couple of new feeds we have no for the Fall and to request your help! To ... This is a quick podcast to tell you about a couple of new feeds we have no for the Fall and to request your help! To begin with, Episode 1 of our Criminal Judiciary podcast is up and available!nbsp; By tomorrow, I'm hoping to have up the first episode of the Introduction to Criminal Justice podcast -- listen to the podcast for details on what they cover. Lastly, our call for help... Come September 15th, nominations will open for Podcast Awards.com Listener's Choice Award.nbsp; For 2008, Life of a Law Student will be seeking nomination for the Best Podcast in the area of Education so, come mid-September, we ask that all of our listeners go to http://podcastawards.com/ and give us a nomination.nbsp; 40% of the decision on whether or not a podcast will be nominated is on the number of nominations, so we'll be dropping reminders as we get closer to the date! Can we count on you?nbsp; Drop us a comment here and let us know! News,and,Views,,Rob,Wiltbank Rob Wiltbank and the LoaLS Team no No Criminal Judiciary #1: House v. Bell http://www.lifeofalawstudent.com/2008/08/30/criminal-judiciary-1-house-v-bell/ http://www.lifeofalawstudent.com/2008/08/30/criminal-judiciary-1-house-v-bell/#comments Sat, 30 Aug 2008 21:14:56 +0000 Rob Wiltbank 1052803701 With a new semester comes new courses; with new courses comes new content!  Criminal Judiciary is a 200-level undergraduate course offered at Delaware Tech as part of their Criminal Justice program — the course will cover the history, traditions and philosophies of our system of justice in addition to covering many landmark cases and court procedure.

In this episode we give a brief overview of the course, the Shareef Cousin’s murder trial which we’ll be following throughout this course and, finally, cover the procedural history behind House v. Bell.

House v. Bell (Case)

House v. Bell (SCOTUS Decision)

]]> http://www.lifeofalawstudent.com/2008/08/30/criminal-judiciary-1-house-v-bell/feed/ 25:02 With a new semester comes new courses; with new courses comes new content!nbsp; Criminal Judiciary is a 200-level undergraduate course offered at Delaware Tech as ... With a new semester comes new courses; with new courses comes new content!nbsp; Criminal Judiciary is a 200-level undergraduate course offered at Delaware Tech as part of their Criminal Justice program -- the course will cover the history, traditions and philosophies of our system of justice in addition to covering many landmark cases and court procedure. In this episode we give a brief overview of the course, the Shareef Cousin's murder trial which we'll be following throughout this course and, finally, cover the procedural history behind House v. Bell. House v. Bell (Case) House v. Bell (SCOTUS Decision) Criminal,Judiciary,,Delaware,Tech,,Rob,Wiltbank,,Undergraduate Rob Wiltbank and the LoaLS Team no No I Don’t Know What I’ll Do This Summer http://www.lifeofalawstudent.com/2008/08/11/i-dont-know-what-ill-do-this-summer/ http://www.lifeofalawstudent.com/2008/08/11/i-dont-know-what-ill-do-this-summer/#comments Mon, 11 Aug 2008 12:09:08 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=519 Steve Luther is a law student who’s trying to find the right summer job — the pressures of deciding whether to follow his conscious or his wallet ultimately throw his life into turmoil, so he does what any of us would do…  he turns it into a four minute work of fiction he made to try to win a contest.

A little humor to lighten up your day.  Thanks to Richard for passing this along!

You can vote for them here: http://errgh.com/HelpSteve/Vote/

]]> http://www.lifeofalawstudent.com/2008/08/11/i-dont-know-what-ill-do-this-summer/feed/ News and Views #21: D.C. v. Heller http://www.lifeofalawstudent.com/2008/08/07/news-and-views-21-dc-v-heller/ http://www.lifeofalawstudent.com/2008/08/07/news-and-views-21-dc-v-heller/#comments Fri, 08 Aug 2008 02:12:40 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=518 A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

No other sentence has been the root of so much contention, confusion and controversy when it comes to the Bill of Rights. In this episode, we’ll be reviewing D.C. v. Heller, the landmark supreme court case that has defined the Second Amendment as an individual right.

D.C. v. Heller (2008)
Oral Argument Transcript (PDF)
SCOTUS Decision (PDF)

]]> http://www.lifeofalawstudent.com/2008/08/07/news-and-views-21-dc-v-heller/feed/ 26:15 A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not ... A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. No other sentence has been the root of so much contention, confusion and controversy when it comes to the Bill of Rights. In this episode, we'll be reviewing D.C. v. Heller, the landmark supreme court case that has defined the Second Amendment as an individual right. D.C. v. Heller (2008) Oral Argument Transcript (PDF) SCOTUS Decision (PDF) News,and,Views,,Rob,Wiltbank Rob Wiltbank and the LoaLS Team no No News and Views #20: Introducing Rob Wiltbank http://www.lifeofalawstudent.com/2008/08/04/news-and-views-20-introducing-rob-wiltbank/ http://www.lifeofalawstudent.com/2008/08/04/news-and-views-20-introducing-rob-wiltbank/#comments Tue, 05 Aug 2008 00:52:46 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=510 Rob Wiltbank will be taking up the mantle as Project Lead for Life of a Law Student. As an established IT industry professional and a Criminal Justice as Pre-Law student, Rob will be adding undergrad content as he continues to push forward to expand the project.

]]> http://www.lifeofalawstudent.com/2008/08/04/news-and-views-20-introducing-rob-wiltbank/feed/ 12:11 Rob Wiltbank will be taking up the mantle as Project Lead for Life of a Law Student. As an established IT industry professional and ... Rob Wiltbank will be taking up the mantle as Project Lead for Life of a Law Student. As an established IT industry professional and a Criminal Justice as Pre-Law student, Rob will be adding undergrad content as he continues to push forward to expand the project. law,school,,law,student,,legal,,law,,court,,school,,constitution,,criminal Rob Wiltbank and the LoaLS Team no No Website Software Updated http://www.lifeofalawstudent.com/2008/08/04/website-software-updated/ http://www.lifeofalawstudent.com/2008/08/04/website-software-updated/#comments Mon, 04 Aug 2008 13:50:31 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/?p=479 I’ve updated the site to the latest version of the software available by WordPress — if you come across any oddities or issues, please let me know! Additionally, I’ve gotten my introduction recorded and will be publishing that podcast very soon, so keep an eye out on the News and Views feed.

]]> http://www.lifeofalawstudent.com/2008/08/04/website-software-updated/feed/ Getting Back on Track… An Update. http://www.lifeofalawstudent.com/2008/07/31/getting-back-on-track-an-update/ http://www.lifeofalawstudent.com/2008/07/31/getting-back-on-track-an-update/#comments Thu, 31 Jul 2008 13:55:15 +0000 Rob Wiltbank http://www.lifeofalawstudent.com/2008/07/31/getting-back-on-track-an-update/ Greetings, folks.

I’m looking to get things back on track, albeit in baby steps.   My name is Rob Wiltbank and I’ll be lending a hand to Neil for the foreseeable future with Life of a Law Student.  Between law school, some personal commitments and, of course, being a good husband, it’s going to be difficult for him to have as active of a role as he’s had in the past.

So, a little about myself…  By day, I’m a web and database application developer at Delaware Technical & Community College.  By night, I’m an Adjunct Faculty member for our Computer Science department.  You may be asking yourself, “How does that qualify you to take over LoaLS?”  And the short answer is, “It doesn’t.  Not really… well, kinda sorta.”  Perhaps more explanation is in order.

On the back-end of things, I’ll be able to maintain the site and keep the code current — the day to day operation of web applications is right up my alley.  Additionally, I’ve done professional audio production in the past, so creating quality podcasts will also be a fairly simple task, which comes to the big issue…  What’s my legal experience?!

Glad you asked!  In addition to my family and those pesky day and night jobs, I’ve also made it a goal in my life to earn my J.D..   So, working for a college, I get fairly sweet deals on tuitions (read: free) at my institution and at the University of Delaware.  So, I’m currently in a connected program between these two educational facilities to obtain my A.A.S./B.A. in Criminal Justice as a Pre-Law Major before going off to Widener University’s School of Law, so I will be producing podcasts on the material that will be covered in my course of study.

So, in the meantime, we’ll be doing a bit of house cleaning and re-organizing to get everything up to date — hopefully, you won’t notice much of a change.  Once the Fall semester begins, I’ll look at posting a podcast introduction and follow it up with what’s being covered.

If you have any suggestions for updates, content or changes, please leave a comment and we’ll make a list to see what’s workable.

]]> http://www.lifeofalawstudent.com/2008/07/31/getting-back-on-track-an-update/feed/ Plan for this Semester http://www.lifeofalawstudent.com/2008/01/30/plan-for-this-semester/ http://www.lifeofalawstudent.com/2008/01/30/plan-for-this-semester/#comments Wed, 30 Jan 2008 15:06:51 +0000 Neil http://www.lifeofalawstudent.com/2008/01/30/plan-for-this-semester/ I know many of you are getting tired of seeing new blog posts but no new content.

I understand. It’s killing me that I haven’t had the opportunity to add much to the site in some time.

Unfortunately, I see now that my 18 credit hour schedule is not going to be as friendly as I had initially thought. The internships are taking up a significant amount of time, and the reading for three of my classes is much longer (and in one case, much more technical), than I’ve previously had. I’m not complaining by any measure, but more time is being taken up than I expected.

And let’s not forget that I’m still married, and I need to be spending some time with my wife. (I made a sacred vow to her, not to this site :).)

What does all of this mean for LoaLS?

It means that updates this semester are going to be sporadic at best. My substantive classes have to get first priority (which paid off with 3 A+’s, 2 A’s and a Moot Court championship last semester). I also need to ensure that I’m spending time with my wife.

So is LoaLS dead?

Not at all. I’ll put up what I can this semester and over the summer. Next year I will only have to take 12 credit hours each semester (although 1 hour of that may be Moot Court board). That will help me clear out the backlog and potentially start bringing in new content from other sources. Additionally, I hope that my grades and resume will enable me to get a job nailed down by early in the fall, so I don’t have to spend a significant number of hours job-hunting.

So sorry if things go / remain silent. The silence won’t last forever :).

- Neil

]]> http://www.lifeofalawstudent.com/2008/01/30/plan-for-this-semester/feed/ Vote for Law Student Run JURIST in Webbys http://www.lifeofalawstudent.com/2008/01/29/vote-for-law-student-run-jurist-in-webbys/ http://www.lifeofalawstudent.com/2008/01/29/vote-for-law-student-run-jurist-in-webbys/#comments Tue, 29 Jan 2008 14:46:32 +0000 Josh http://www.lifeofalawstudent.com/2008/01/29/vote-for-law-student-run-jurist-in-webbys/ Hi LoaLS Readers,

I am a 1L at the University of Pittsburgh, and avid LoaLS reader.   As I told Neil in my e-mail, the resources he has have been extremely helpful to me in my first year.  Neil is letting me post here about the 2008 Webby Awards and JURIST, the site I write for.  JURIST was nominated this year for a Webby in the law category.

As a Webby Award nominee, JURIST is also eligible to win a People’s Voice Award. I am writing here to ask you to vote for JURIST. JURIST is up against the ABA Journal, a Goliath to JURIST’s David.  However, with help from the law student online community like LoaLS readers, I believe JURIST can win the award.

Voting on Webby nominees is open to the public from April 8th to May 1st. To vote for JURIST, go to the “People’s Voice” voting site by clicking here. Register (you may need to scroll down), get the activation code that will be sent to your e-mail account, then log in to the People’s Voice site, click on the “Website” grouping, scroll down to “Society” and vote in the Law category. The process takes just a couple of minutes. It’s easy.

Headquartered at Pitt Law, JURIST is powered by a team of some 45 law student reporters, editors and web developers led by law professor Bernard Hibbitts who volunteer their time and talent to the project, working with leading legal experts from around the world to provide up-to-the minute legal news, primary source research and analysis as an educational service to the public and the legal community.

Please feel free to e-mail me with any questions: josh at joshcamson dot com.

Thanks to Neil for letting me post here!!

Josh Camson

]]> http://www.lifeofalawstudent.com/2008/01/29/vote-for-law-student-run-jurist-in-webbys/feed/ Why the Site (Still) Isn’t Fully Working http://www.lifeofalawstudent.com/2008/01/19/why-the-site-still-isnt-fully-working/ http://www.lifeofalawstudent.com/2008/01/19/why-the-site-still-isnt-fully-working/#comments Sat, 19 Jan 2008 14:38:52 +0000 Neil http://www.lifeofalawstudent.com/2008/01/19/why-the-site-still-isnt-fully-working/ The company that runs the back-end CMS I use (Podango) is still experiencing problems. They transitioned servers last night, and now I’m unable to log in to my control panel to manage audio and troubleshoot the problems with the recently uploaded audio.

I have sent them an email, and hope to get this resolved shortly.

Unfortunately, time I spend fixing the site is not time I can spend recording. This is getting quite frustrating…

- Neil

Update: Podango has fixed things are their end, and hopefully this weekend I’ll be able to start recording and posting new content.

]]> http://www.lifeofalawstudent.com/2008/01/19/why-the-site-still-isnt-fully-working/feed/ Update: Technical Glitches and Episode Backlog http://www.lifeofalawstudent.com/2008/01/09/update-technical-glitches-and-episode-backlog/ http://www.lifeofalawstudent.com/2008/01/09/update-technical-glitches-and-episode-backlog/#comments Thu, 10 Jan 2008 03:29:09 +0000 Neil http://www.lifeofalawstudent.com/2008/01/09/update-technical-glitches-and-episode-backlog/ Hey all,

So last semester is over, and a new semester is about to begin. You may have noticed a few episodes up, but they are taking time to get up (and often don’t work if you go to listen to them).

Here’s what’s going on. The back-end Content Management System I use was taken over by another organization. Since that hand-over, technical problems have begun occurring. The CMS team sent out an email apologizing to the entire user base regarding these problems, but they have not yet all been resolved.

These technical problems slowed me down quite a bit over winter break, when I hoped to clear out the episode backlog. I’ve also been slowed down because I’m recording Copyright Law first. (It’s not that I don’t understand the material, the opposite in fact. I’m being much more careful and re-recording episodes if I’m not completely satisfied with them.) I’ve also been busy over Winter Break with coaching our school’s national trademark Moot Court team.

I anticipate this semester to be a bit easier than last semester. First, I’m taking a few less credit hours. Second, five of those hours are internships (ie no reading, recording, or exams). Third, I don’t have the writing credit hours that I did last semester. Finally, I don’t have a Saturday class, as that drains the life out of you.

So that’s where we’re at. I’m going to keep troubleshooting these back-end problems, and try to get Copyright Law recorded in the near future. As always, feel free to contact me with questions.

- Neil

]]> http://www.lifeofalawstudent.com/2008/01/09/update-technical-glitches-and-episode-backlog/feed/ Copyright Law #4: Fixation http://www.lifeofalawstudent.com/2007/12/28/copyright-law-4-fixation/ http://www.lifeofalawstudent.com/2007/12/28/copyright-law-4-fixation/#comments Fri, 28 Dec 2007 21:48:18 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/copyright-law-4-fixation/ Copyright applies upon tangible fixation. In this episode, we will examine what is meant by “fixation,” including the question of whether a copy of a work in RAM is tangibly fixed.

Note: Due to temporary technical issues, this episode lacks an intro and outro (they will be provided shortly).

]]> http://www.lifeofalawstudent.com/2007/12/28/copyright-law-4-fixation/feed/ 22:36 Copyright applies upon tangible fixation. In this episode, we will examine what is meant by "fixation," including the question of whether a copy of ... Copyright applies upon tangible fixation. In this episode, we will examine what is meant by "fixation," including the question of whether a copy of a work in RAM is tangibly fixed. Note: Due to temporary technical issues, this episode lacks an intro and outro (they will be provided shortly). 2L/3L,,Copyright,Law,,IU-Indianapolis,,Intellectual,Property,,Neil,Wehneman Rob Wiltbank and the LoaLS Team no No Copyright Law #3: Introduction to Copyright III http://www.lifeofalawstudent.com/2007/12/28/copyright-law-3-introduction-to-copyright-iii/ http://www.lifeofalawstudent.com/2007/12/28/copyright-law-3-introduction-to-copyright-iii/#comments Fri, 28 Dec 2007 21:48:02 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/copyright-law-3-introduction-to-copyright-iii/ Copyright in the United States is affected by both the Federal Constitution, and international law such as the Berne Convention. Additionally, international law is often used to justify increases in rights for the sake of “harmonization.” We conclude this last introductory episode by briefly comparing and contrasting several areas of the law that are often lumped together as “intellectual property.”

Note: Due to temporary technical issues, this episode lacks an intro and outro (they will be provided shortly).

]]> http://www.lifeofalawstudent.com/2007/12/28/copyright-law-3-introduction-to-copyright-iii/feed/ 21:35 Copyright in the United States is affected by both the Federal Constitution, and international law such as the Berne Convention. Additionally, international law is ... Copyright in the United States is affected by both the Federal Constitution, and international law such as the Berne Convention. Additionally, international law is often used to justify increases in rights for the sake of "harmonization." We conclude this last introductory episode by briefly comparing and contrasting several areas of the law that are often lumped together as "intellectual property." Note: Due to temporary technical issues, this episode lacks an intro and outro (they will be provided shortly). 2L/3L,,Copyright,Law,,IU-Indianapolis,,Intellectual,Property,,Neil,Wehneman Rob Wiltbank and the LoaLS Team no No Copyright Law #2: Introduction to Copyright II http://www.lifeofalawstudent.com/2007/12/28/copyright-law-2-introduction-to-copyright-ii/ http://www.lifeofalawstudent.com/2007/12/28/copyright-law-2-introduction-to-copyright-ii/#comments Fri, 28 Dec 2007 21:47:47 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/copyright-law-2-introduction-to-copyright-ii/ Copyright applies to a wide variety of works, even types of expression that are newly created (and not explicitly referenced in the copyright act). However, some items of “intellectual creation” are outside of copyright, such as ideas or works of the federal government. We conclude this episode by exploring how to analyze a given situation, to determine whether copyright prevents a new use.

Note: Due to temporary technical issues, this episode lacks an intro and outro (they will be provided shortly).

]]> http://www.lifeofalawstudent.com/2007/12/28/copyright-law-2-introduction-to-copyright-ii/feed/ 15:56 Copyright applies to a wide variety of works, even types of expression that are newly created (and not explicitly referenced in the copyright act). ... Copyright applies to a wide variety of works, even types of expression that are newly created (and not explicitly referenced in the copyright act). However, some items of "intellectual creation" are outside of copyright, such as ideas or works of the federal government. We conclude this episode by exploring how to analyze a given situation, to determine whether copyright prevents a new use. Note: Due to temporary technical issues, this episode lacks an intro and outro (they will be provided shortly). 2L/3L,,Copyright,Law,,IU-Indianapolis,,Intellectual,Property,,Neil,Wehneman Rob Wiltbank and the LoaLS Team no No Copyright Law #1: Introduction to Copyright I http://www.lifeofalawstudent.com/2007/12/28/copyright-law-1-introduction-to-copyright-i/ http://www.lifeofalawstudent.com/2007/12/28/copyright-law-1-introduction-to-copyright-i/#comments Fri, 28 Dec 2007 21:47:26 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/copyright-law-1-introduction-to-copyright-i/ In this, the first episode of Copyright Law, we begin a high-level overview of what copyright is. Almost everyone is a copyright holder, with specific exclusive rights over their original works of authorship that are fixed in a tangible medium. We close this episode with a look at three views of the justification for copyright.

Note: Due to temporary technical issues, this episode lacks an intro and outro (they will be provided shortly).

]]> http://www.lifeofalawstudent.com/2007/12/28/copyright-law-1-introduction-to-copyright-i/feed/ 23:43 In this, the first episode of Copyright Law, we begin a high-level overview of what copyright is. Almost everyone is a copyright holder, with ... In this, the first episode of Copyright Law, we begin a high-level overview of what copyright is. Almost everyone is a copyright holder, with specific exclusive rights over their original works of authorship that are fixed in a tangible medium. We close this episode with a look at three views of the justification for copyright. Note: Due to temporary technical issues, this episode lacks an intro and outro (they will be provided shortly). 2L/3L,,Copyright,Law,,IU-Indianapolis,,Intellectual,Property,,Neil,Wehneman Rob Wiltbank and the LoaLS Team no No Fundamentals of Copyright #11: Non-Copyright Concerns http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-11-non-copyright-concerns/ http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-11-non-copyright-concerns/#comments Fri, 28 Dec 2007 21:47:09 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-11-non-copyright-concerns/ Copyright is not the only law you have to be aware of when considering whether or not to use a work. Patents, trademarks, trade secrets, contracts, and other issues may provide an additional “layer of protection” beyond just copyright.

]]> http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-11-non-copyright-concerns/feed/ 17:05 Copyright is not the only law you have to be aware of when considering whether or not to use a work. Patents, trademarks, trade ... Copyright is not the only law you have to be aware of when considering whether or not to use a work. Patents, trademarks, trade secrets, contracts, and other issues may provide an additional "layer of protection" beyond just copyright. 2L/3L,,Fundamentals,of,Copyright,,IU-Indianapolis,,Intellectual,Property,,Prof.,Kenneth,Crews Rob Wiltbank and the LoaLS Team no No Fundamentals of Copyright #10: Other Limitations and Exceptions http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-10-other-limitations-and-exceptions/ http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-10-other-limitations-and-exceptions/#comments Fri, 28 Dec 2007 21:46:36 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-10-other-limitations-and-exceptions/ Fair Use is not the only limitation or exception to the exclusive rights of copyright. In this episode, Prof. Crews walks through several other limitations and exceptions.

]]> http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-10-other-limitations-and-exceptions/feed/ 17:51 Fair Use is not the only limitation or exception to the exclusive rights of copyright. In this episode, Prof. Crews walks through several other ... Fair Use is not the only limitation or exception to the exclusive rights of copyright. In this episode, Prof. Crews walks through several other limitations and exceptions. 2L/3L,,Fundamentals,of,Copyright,,IU-Indianapolis,,Intellectual,Property,,Prof.,Kenneth,Crews Rob Wiltbank and the LoaLS Team no No Fundamentals of Copyright #9: Fair Use IV http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-9-fair-use-iv/ http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-9-fair-use-iv/#comments Fri, 28 Dec 2007 21:46:20 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-9-fair-use-iv/ In this final episode on Fair Use, Prof. Crews reviews and wraps up Fair Use. Additionally, Prof. Crews discusses hard and fast “guidelines” that are often promulgated in the fields of education and libraries.

]]> http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-9-fair-use-iv/feed/ 12:52 In this final episode on Fair Use, Prof. Crews reviews and wraps up Fair Use. Additionally, Prof. Crews discusses hard and fast "guidelines" that ... In this final episode on Fair Use, Prof. Crews reviews and wraps up Fair Use. Additionally, Prof. Crews discusses hard and fast "guidelines" that are often promulgated in the fields of education and libraries. 2L/3L,,Fundamentals,of,Copyright,,IU-Indianapolis,,Intellectual,Property,,Prof.,Kenneth,Crews Rob Wiltbank and the LoaLS Team no No Fundamentals of Copyright #8: Fair Use III http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-8-fair-use-iii/ http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-8-fair-use-iii/#comments Fri, 28 Dec 2007 21:46:03 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-8-fair-use-iii/ Fair Use provides guidelines, but very few hard and fast rules. As an example, sometimes using large amounts of a copyrighted work (perhaps even all of the copyrighted work) will qualify as a Fair Use, while sometimes using only a small amount of a copyrighted work will not qualify as Fair Use. As several cases show, the key is that all four of the factors must be considered.

]]> http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-8-fair-use-iii/feed/ 15:17 Fair Use provides guidelines, but very few hard and fast rules. As an example, sometimes using large amounts of a copyrighted work (perhaps even ... Fair Use provides guidelines, but very few hard and fast rules. As an example, sometimes using large amounts of a copyrighted work (perhaps even all of the copyrighted work) will qualify as a Fair Use, while sometimes using only a small amount of a copyrighted work will not qualify as Fair Use. As several cases show, the key is that all four of the factors must be considered. 2L/3L,,Fundamentals,of,Copyright,,IU-Indianapolis,,Intellectual,Property,,Prof.,Kenneth,Crews Rob Wiltbank and the LoaLS Team no No Fundamentals of Copyright #7: Fair Use II http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-7-fair-use-ii/ http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-7-fair-use-ii/#comments Fri, 28 Dec 2007 21:45:44 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-7-fair-use-ii/ In this second episode of Fair Use, Prof. Crews examines two actual court cases applying Fair Use. The first case concerns photocopying by Kinko’s, and the second case concerns 2 Live Crew’s parody of the song “Pretty Woman.”

]]> http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-7-fair-use-ii/feed/ 18:02 In this second episode of Fair Use, Prof. Crews examines two actual court cases applying Fair Use. The first case concerns photocopying by Kinko's, ... In this second episode of Fair Use, Prof. Crews examines two actual court cases applying Fair Use. The first case concerns photocopying by Kinko's, and the second case concerns 2 Live Crew's parody of the song "Pretty Woman." 2L/3L,,Fundamentals,of,Copyright,,IU-Indianapolis,,Intellectual,Property,,Prof.,Kenneth,Crews Rob Wiltbank and the LoaLS Team no No Fundamentals of Copyright #6: Fair Use I http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-6-fair-use-i/ http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-6-fair-use-i/#comments Fri, 28 Dec 2007 21:45:25 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-6-fair-use-i/ The “exclusive rights” of copyright aren’t exactly exclusive. There are numerous exceptions and limitations to these rights, with Fair Use being the most important of these. In this first episode on Fair Use, Prof. Crews examines the four statutory factors of Fair Use.

]]> http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-6-fair-use-i/feed/ 20:34 The "exclusive rights" of copyright aren't exactly exclusive. There are numerous exceptions and limitations to these rights, with Fair Use being the most important ... The "exclusive rights" of copyright aren't exactly exclusive. There are numerous exceptions and limitations to these rights, with Fair Use being the most important of these. In this first episode on Fair Use, Prof. Crews examines the four statutory factors of Fair Use. 2L/3L,,Fundamentals,of,Copyright,,IU-Indianapolis,,Intellectual,Property,,Prof.,Kenneth,Crews Rob Wiltbank and the LoaLS Team no No Fundamentals of Copyright #5: The Five Exclusive Rights and Moral Rights http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-5-the-five-exclusive-rights-and-moral-rights/ http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-5-the-five-exclusive-rights-and-moral-rights/#comments Fri, 28 Dec 2007 21:45:05 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-5-the-five-exclusive-rights-and-moral-rights/ The core of copyright revolves around the five exclusive rights. These rights include the right of reproduction, distribution, public display, public performance, and the creation of derivative works. The concept of “moral rights” are also discussed.

]]> http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-5-the-five-exclusive-rights-and-moral-rights/feed/ 23:28 The core of copyright revolves around the five exclusive rights. These rights include the right of reproduction, distribution, public display, public performance, and the ... The core of copyright revolves around the five exclusive rights. These rights include the right of reproduction, distribution, public display, public performance, and the creation of derivative works. The concept of "moral rights" are also discussed. 2L/3L,,Fundamentals,of,Copyright,,IU-Indianapolis,,Intellectual,Property,,Prof.,Kenneth,Crews Rob Wiltbank and the LoaLS Team no No Fundamentals of Copyright #4: Duration of Copyright II http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-4-duration-of-copyright-ii/ http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-4-duration-of-copyright-ii/#comments Fri, 28 Dec 2007 21:44:49 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-4-duration-of-copyright-ii/ The duration of a copyright is treated slightly differently if the work is a “work made for hire.” In this episode, Prof. Crews defines “work made for hire,” and looks at the specific issues regarding these works.

]]> http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-4-duration-of-copyright-ii/feed/ 24:03 The duration of a copyright is treated slightly differently if the work is a "work made for hire." In this episode, Prof. Crews defines ... The duration of a copyright is treated slightly differently if the work is a "work made for hire." In this episode, Prof. Crews defines "work made for hire," and looks at the specific issues regarding these works. 2L/3L,,Fundamentals,of,Copyright,,IU-Indianapolis,,Intellectual,Property,,Prof.,Kenneth,Crews Rob Wiltbank and the LoaLS Team no No Fundamentals of Copyright #3: Duration of Copyright I http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-3-duration-of-copyright-i/ http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-3-duration-of-copyright-i/#comments Fri, 28 Dec 2007 21:44:33 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-3-duration-of-copyright-i/ Copyright lasts for a very long time. For works created after 1977, the term of copyright is life of the author plus seventy years. However, previous copyright acts had different rules, and those rules will affect the duration of pre-1978 works. Prof. Crews also mentions joint authorship.

]]> http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-3-duration-of-copyright-i/feed/ 22:02 Copyright lasts for a very long time. For works created after 1977, the term of copyright is life of the author plus seventy years. ... Copyright lasts for a very long time. For works created after 1977, the term of copyright is life of the author plus seventy years. However, previous copyright acts had different rules, and those rules will affect the duration of pre-1978 works. Prof. Crews also mentions joint authorship. 2L/3L,,Fundamentals,of,Copyright,,IU-Indianapolis,,Intellectual,Property,,Prof.,Kenneth,Crews Rob Wiltbank and the LoaLS Team no No Fundamentals of Copyright #2: Basic Mantra and Some Exceptions http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-2-basic-mantra-and-some-exceptions/ http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-2-basic-mantra-and-some-exceptions/#comments Fri, 28 Dec 2007 21:43:36 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-2-basic-mantra-and-some-exceptions/ In this episode, Prof. Crews looks at the basic mantra of copyright: copyright applies instantly and automatically to original works of authorship that are fixed in a tangible medium of expression. Some of the exceptions to copyright are examined, such as facts, ideas, and works of the federal government being outside of copyright.

]]> http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-2-basic-mantra-and-some-exceptions/feed/ 18:12 In this episode, Prof. Crews looks at the basic mantra of copyright: copyright applies instantly and automatically to original works of authorship that are fixed ... In this episode, Prof. Crews looks at the basic mantra of copyright: copyright applies instantly and automatically to original works of authorship that are fixed in a tangible medium of expression. Some of the exceptions to copyright are examined, such as facts, ideas, and works of the federal government being outside of copyright. 2L/3L,,Fundamentals,of,Copyright,,IU-Indianapolis,,Intellectual,Property,,Prof.,Kenneth,Crews Rob Wiltbank and the LoaLS Team no No Fundamentals of Copyright #1: High-Level Overview of Copyright http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-1-high-level-overview-of-copyright/ http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-1-high-level-overview-of-copyright/#comments Fri, 28 Dec 2007 21:42:59 +0000 Neil http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-1-high-level-overview-of-copyright/ In this, the first episode of Fundamentals of Copyright, Prof. Kenneth Crews gives a high-level overview of copyright law. Essentially, the law gives specific rights to the holder of a copyright and then carves out certain exceptions. Copyright is granted automatically to a wide range of works, and lasts for a very long time.

]]> http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-1-high-level-overview-of-copyright/feed/ 17:22 In this, the first episode of Fundamentals of Copyright, Prof. Kenneth Crews gives a high-level overview of copyright law. Essentially, the law gives specific ... In this, the first episode of Fundamentals of Copyright, Prof. Kenneth Crews gives a high-level overview of copyright law. Essentially, the law gives specific rights to the holder of a copyright and then carves out certain exceptions. Copyright is granted automatically to a wide range of works, and lasts for a very long time. 2L/3L,,Fundamentals,of,Copyright,,IU-Indianapolis,,Intellectual,Property,,Prof.,Kenneth,Crews Rob Wiltbank and the LoaLS Team no No Technical Problems http://www.lifeofalawstudent.com/2007/12/04/technical-problems/ http://www.lifeofalawstudent.com/2007/12/04/technical-problems/#comments Tue, 04 Dec 2007 18:26:22 +0000 Neil http://www.lifeofalawstudent.com/2007/12/04/technical-problems/ It’s been brought to my attention that audio is unavailable at the moment. This is a problem with our external host. I am looking into it, and hope for things to be resolved shortly.

In the meantime, you might want to check http://lifeofalawstudent.com/bulkaudio/. It’s not as pretty, but all of the episodes are available there.

- Neil

Update: All appears to be back to normal now.

]]> http://www.lifeofalawstudent.com/2007/12/04/technical-problems/feed/ Canadian Immigration and Refugee Law #5: Constitutional Review http://www.lifeofalawstudent.com/2007/11/28/canadian-immigration-and-refugee-law-5-constitutional-review/ http://www.lifeofalawstudent.com/2007/11/28/canadian-immigration-and-refugee-law-5-constitutional-review/#comments Wed, 28 Nov 2007 14:17:03 +0000 Neil http://www.lifeofalawstudent.com/2007/11/28/canadian-immigration-and-refugee-law-5-constitutional-review/ In this podcast we will consider the issue of constitutional review, specifically whether section 7 of the charter is violated by deportation.

Singh v Minister of Employment and Immigration (1985)
Canada (Minister of Employment and Immigration) v Chiarelli (1992)
Suresh v Canada (Minister of Citizenship and Immigration) (2002)

]]> http://www.lifeofalawstudent.com/2007/11/28/canadian-immigration-and-refugee-law-5-constitutional-review/feed/ 00:01:01 In this podcast we will consider the issue of constitutional review, specifically whether section 7 of the charter is violated by deportation. Singh v Minister of ... In this podcast we will consider the issue of constitutional review, specifically whether section 7 of the charter is violated by deportation. Singh v Minister of Employment and Immigration (1985) Canada (Minister of Employment and Immigration) v Chiarelli (1992) Suresh v Canada (Minister of Citizenship and Immigration) (2002) Canadian,Immigration,and,Refugee,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Canadian Immigration and Refugee Law #4: National Status http://www.lifeofalawstudent.com/2007/11/28/canadian-immigration-and-refugee-law-4-national-status/ http://www.lifeofalawstudent.com/2007/11/28/canadian-immigration-and-refugee-law-4-national-status/#comments Wed, 28 Nov 2007 14:15:09 +0000 Neil http://www.lifeofalawstudent.com/2007/11/28/canadian-immigration-and-refugee-law-4-national-status/ In this podcast, we will consider the different types of status that may be held by an individual in Canada - Citizen, Permanent Resident, and Foreign National. We will begin a preliminary examination of the effect a different status can make on one’s rights, which shall be expanded upon throughout the course.

Chen v Canada (Minister of Citizenship and Immigration) (2001)
Langer v Canada(Minister of Employment and Immigration) (1995)
Romans v Canada (Minister of Citizenship and Immigration) (2001)

]]> http://www.lifeofalawstudent.com/2007/11/28/canadian-immigration-and-refugee-law-4-national-status/feed/ 00:01:01 In this podcast, we will consider the different types of status that may be held by an individual in Canada - Citizen, Permanent Resident, and ... In this podcast, we will consider the different types of status that may be held by an individual in Canada - Citizen, Permanent Resident, and Foreign National. We will begin a preliminary examination of the effect a different status can make on one's rights, which shall be expanded upon throughout the course. Chen v Canada (Minister of Citizenship and Immigration) (2001) Langer v Canada(Minister of Employment and Immigration) (1995) Romans v Canada (Minister of Citizenship and Immigration) (2001) Canadian,Immigration,and,Refugee,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Canadian Immigration and Refugee Law #3: Sovereignty and Open Boarders, Part 2 http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-3-sovereignty-and-open-boarders-part-2/ http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-3-sovereignty-and-open-boarders-part-2/#comments Mon, 26 Nov 2007 03:53:31 +0000 Neil http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-3-sovereignty-and-open-boarders-part-2/ This episode is a continuation of the discussion of open boarders from the previous podcast. We will focus on the writings of Catherine Dauvergne and Donald Galloway.

]]> http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-3-sovereignty-and-open-boarders-part-2/feed/ 00:01:01 This episode is a continuation of the discussion of open boarders from the previous podcast. We will focus on the writings of Catherine Dauvergne ... This episode is a continuation of the discussion of open boarders from the previous podcast. We will focus on the writings of Catherine Dauvergne and Donald Galloway. Canadian,Immigration,and,Refugee,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Canadian Immigration and Refugee Law #2: Sovereignty and Open Boarders http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-2-sovereignty-and-open-boarders/ http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-2-sovereignty-and-open-boarders/#comments Mon, 26 Nov 2007 03:51:30 +0000 Neil http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-2-sovereignty-and-open-boarders/ In this podcast, we will consider some of the theories of state sovereignty and the arguments for and against open boarders. This topic will span two podcasts. The first will focus on the writings of Carens and Walzer.

]]> http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-2-sovereignty-and-open-boarders/feed/ 00:01:01 In this podcast, we will consider some of the theories of state sovereignty and the arguments for and against open boarders. This topic will ... In this podcast, we will consider some of the theories of state sovereignty and the arguments for and against open boarders. This topic will span two podcasts. The first will focus on the writings of Carens and Walzer. Canadian,Immigration,and,Refugee,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Canadian Immigration and Refugee Law #1: Introduction http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-1-introduction/ http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-1-introduction/#comments Mon, 26 Nov 2007 03:35:22 +0000 Neil http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-1-introduction/ This is the first podcast in Canadian Immigration and refugee law. We begin by considering the historical evolution of immigration within Canada and then turn to some early immigration cases to consider the role that racism played in the immigration process.

Union Colliery Co v Bryden (1899)
Quong Wing v the King (1914)
Canada v Singh
re Munshi Singh (1914)
Mack v Canada (AG) (2002)

Janet Dench, “A Hundred Years of Imm to Canada 1900-1999: A Chronology focusing on refugees and discrimination” (2000). (Online, http://www.web.net/~ccr/history.html)

]]> http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-1-introduction/feed/ 00:01:01 This is the first podcast in Canadian Immigration and refugee law. We begin by considering the historical evolution of immigration within Canada and then ... This is the first podcast in Canadian Immigration and refugee law. We begin by considering the historical evolution of immigration within Canada and then turn to some early immigration cases to consider the role that racism played in the immigration process. Union Colliery Co v Bryden (1899) Quong Wing v the King (1914) Canada v Singh re Munshi Singh (1914) Mack v Canada (AG) (2002) Janet Dench, "A Hundred Years of Imm to Canada 1900-1999: A Chronology focusing on refugees and discrimination" (2000). (Online, http://www.web.net/~ccr/history.html) Canadian,Immigration,and,Refugee,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No We’re Not Dead Yet! http://www.lifeofalawstudent.com/2007/10/08/were-not-dead-yet/ http://www.lifeofalawstudent.com/2007/10/08/were-not-dead-yet/#comments Mon, 08 Oct 2007 20:52:52 +0000 Neil http://www.lifeofalawstudent.com/2007/10/08/were-not-dead-yet/ Hey everyone.

Just an FYI: I have not forgotten about or abandoned LoaLS. The transition back to law school has required significantly more time than I had expected. I also had to spend a great deal earlier this semester writing an appellate brief for Moot Court.

I have fall break coming up, and I am hopeful that I can begin recording new episodes.

- Neil

]]> http://www.lifeofalawstudent.com/2007/10/08/were-not-dead-yet/feed/ Canadian Constitutional Law #37 - Remedies and Reform http://www.lifeofalawstudent.com/2007/08/23/canadian-constitutional-law-37-remedies-and-reform/ http://www.lifeofalawstudent.com/2007/08/23/canadian-constitutional-law-37-remedies-and-reform/#comments Thu, 23 Aug 2007 17:48:03 +0000 Erin http://www.lifeofalawstudent.com/2007/08/23/canadian-constitutional-law-37-remedies-and-reform/ In this podcast we will discuss remedies within the constitution, and the process of constitutional reform within Canada. This is the final podcast in Canadian Constitutional Law.

Schachter v Canada (1992)

Vriend v Alta (1998)

]]> http://www.lifeofalawstudent.com/2007/08/23/canadian-constitutional-law-37-remedies-and-reform/feed/ 30:04 In this podcast we will discuss remedies within the constitution, and the process of constitutional reform within Canada. This is the final podcast in ... In this podcast we will discuss remedies within the constitution, and the process of constitutional reform within Canada. This is the final podcast in Canadian Constitutional Law. Schachter v Canada (1992) Vriend v Alta (1998) 1L,,Canadian,Constitutional,Law,,Constitutional,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Canadian Constituional Law #36 - Aboriginal Rights http://www.lifeofalawstudent.com/2007/08/22/canadian-constitutional-law-36-aboriginal-rights/ http://www.lifeofalawstudent.com/2007/08/22/canadian-constitutional-law-36-aboriginal-rights/#comments Thu, 23 Aug 2007 03:42:24 +0000 Erin http://www.lifeofalawstudent.com/2007/08/22/canadian-constitutional-law-36-aboriginal-rights/ In the second-last podcast for the course, we move outside the Charter and consider the constitutional entrenchment of aboriginal rights in sec 35 of the Constitution Act 1982. Even though these rights are entrenched outside of the Charter, we will see how jurisprudence has imposed limits upon aboriginal rights in a style very similar to the section 1 analysis normally performed on charter rights.

St. Catherine’s Milling and Lumber Co. v. The Queen (1888)

Calder v. British Columbia (Attorney General) (1973)

Guerin v. The Queen (1984)

R. v. Sparrow, (1990)

R. v. Van der Peet, (1996)

Delgamuukw v. British Columbia (1997)

]]> http://www.lifeofalawstudent.com/2007/08/22/canadian-constitutional-law-36-aboriginal-rights/feed/ 33:07 In the second-last podcast for the course, we move outside the Charter and consider the constitutional entrenchment of aboriginal rights in sec 35 of the ... In the second-last podcast for the course, we move outside the Charter and consider the constitutional entrenchment of aboriginal rights in sec 35 of the Constitution Act 1982. Even though these rights are entrenched outside of the Charter, we will see how jurisprudence has imposed limits upon aboriginal rights in a style very similar to the section 1 analysis normally performed on charter rights. St. Catherine's Milling and Lumber Co. v. The Queen (1888) Calder v. British Columbia (Attorney General) (1973) Guerin v. The Queen (1984) R. v. Sparrow, (1990) R. v. Van der Peet, (1996) Delgamuukw v. British Columbia (1997) 1L,,Canadian,Constitutional,Law,,Constitutional,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Canadian Consitutional Law #35: Language Rights http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-35-language-rights/ http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-35-language-rights/#comments Thu, 16 Aug 2007 20:41:56 +0000 Erin http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-35-language-rights/ Language rights are very important in Canada as a result of the historical French-English tension. However, sections 91 and 92 do not assign administration of language-related issues to a specific level of government, so it is treated as an ancilliary sphere over which both levels of government have some control. Language is not a ground listed in section 15, although it may be analogous. The most important provisions relating to language in the constitution are in s133 (the right to use either official language in court and in parliament) and in the Charter between ss16 and 23, the latter being the right to minority language education.

Devine v AG Qc (1988)

AG Manitoba v forest (1979)

Mercure v AG Saskatchewan (1988)

R. v Paquette (1988)

Mahe v Alberta (1990)

Ford v Quebec (AG) (1988)

]]> http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-35-language-rights/feed/ 30:52 Language rights are very important in Canada as a result of the historical French-English tension. However, sections 91 and 92 do not assign administration ... Language rights are very important in Canada as a result of the historical French-English tension. However, sections 91 and 92 do not assign administration of language-related issues to a specific level of government, so it is treated as an ancilliary sphere over which both levels of government have some control. Language is not a ground listed in section 15, although it may be analogous. The most important provisions relating to language in the constitution are in s133 (the right to use either official language in court and in parliament) and in the Charter between ss16 and 23, the latter being the right to minority language education. Devine v AG Qc (1988) AG Manitoba v forest (1979) Mercure v AG Saskatchewan (1988) R. v Paquette (1988) Mahe v Alberta (1990) Ford v Quebec (AG) (1988) 1L,,Canadian,Constitutional,Law,,Constitutional,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Canadian Constitutional Law #34: Economic and Social Rights http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-34-economic-and-social-rights/ http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-34-economic-and-social-rights/#comments Thu, 16 Aug 2007 20:41:42 +0000 Erin http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-34-economic-and-social-rights/ Why does the Charter focus on legal and politcal rights, to the exclusion of economic and social rights? What does this absence mean for Canadian citizens? Could economic and social rights be read into the charter under an existing section? That’s what Gosselin tries to do in Gosselin v Quebec, without success. In this podcast we shall study the supreme court’s judgement, focusing on the dissenting opinion that Canada should include an economic right to basic subsistance under sec 7.

Gosselin v Quebec (2002)

]]> http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-34-economic-and-social-rights/feed/ 24:21 Why does the Charter focus on legal and politcal rights, to the exclusion of economic and social rights? What does this absence mean for ... Why does the Charter focus on legal and politcal rights, to the exclusion of economic and social rights? What does this absence mean for Canadian citizens? Could economic and social rights be read into the charter under an existing section? That's what Gosselin tries to do in Gosselin v Quebec, without success. In this podcast we shall study the supreme court's judgement, focusing on the dissenting opinion that Canada should include an economic right to basic subsistance under sec 7. Gosselin v Quebec (2002) 1L,,Canadian,Constitutional,Law,,Constitutional,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Canadian Constitutional Law #33: Equality Rights http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-33-equality-rights/ http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-33-equality-rights/#comments Thu, 16 Aug 2007 20:00:11 +0000 Erin http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-33-equality-rights/ In this podcast we will be discussing section 15 of the charter, equality rights. It is important to understand the difference between formal equality (American model) and substantive equality (Canadian model). We will consider the case of Law v Canada, which contains a very thorough analysis of equality rights by Iacobucci J.
Regina v Drybones (1970)

AG Canada v Lavell (1974)

Bliss v Canada (1979)

Law v Canada (1999)

]]> http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-33-equality-rights/feed/ 17:29 In this podcast we will be discussing section 15 of the charter, equality rights. It is important to understand the difference between formal equality ... In this podcast we will be discussing section 15 of the charter, equality rights. It is important to understand the difference between formal equality (American model) and substantive equality (Canadian model). We will consider the case of Law v Canada, which contains a very thorough analysis of equality rights by Iacobucci J. Regina v Drybones (1970) AG Canada v Lavell (1974) Bliss v Canada (1979) Law v Canada (1999) 1L,,Canadian,Constitutional,Law,,Constitutional,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Canadian Constitutional Law #32: Section 7 continued, Assisted Suicide http://www.lifeofalawstudent.com/2007/04/13/canadian-constitutional-law-32-section-7-continued-assisted-suicide/ http://www.lifeofalawstudent.com/2007/04/13/canadian-constitutional-law-32-section-7-continued-assisted-suicide/#comments Sat, 14 Apr 2007 02:30:07 +0000 Erin http://www.lifeofalawstudent.com/2007/04/13/canadian-constitutional-law-32-section-7-continued-assisted-suicide/ Continuing on with our look at section 7 rights, we will now consider the case of Rodriguez v BC (AG). A woman with Lou Gehrig’s disease seeks a declaration that she may legally seek doctor-assisted suicide when her condition deteriorates to the point that she wishes to end her life. Can the right to choose the manner of one’s death be a constitutionally protected right under security of the person?

Rodriguez v BC (AG) (1993)

]]> http://www.lifeofalawstudent.com/2007/04/13/canadian-constitutional-law-32-section-7-continued-assisted-suicide/feed/ 18:33 Continuing on with our look at section 7 rights, we will now consider the case of Rodriguez v BC (AG). A woman with Lou ... Continuing on with our look at section 7 rights, we will now consider the case of Rodriguez v BC (AG). A woman with Lou Gehrig's disease seeks a declaration that she may legally seek doctor-assisted suicide when her condition deteriorates to the point that she wishes to end her life. Can the right to choose the manner of one's death be a constitutionally protected right under security of the person? Rodriguez v BC (AG) (1993) 1L,,Canadian,Constitutional,Law,,Constitutional,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Canadian Constitutional Law #31: Life, Liberty, and Security of the Person http://www.lifeofalawstudent.com/2007/04/13/canadian-constitutional-law-31-life-liberty-and-security-of-the-person/ http://www.lifeofalawstudent.com/2007/04/13/canadian-constitutional-law-31-life-liberty-and-security-of-the-person/#comments Sat, 14 Apr 2007 02:09:29 +0000 Erin http://www.lifeofalawstudent.com/2007/04/13/canadian-constitutional-law-31-life-liberty-and-security-of-the-person/ Moving on to section 7 of the Charter, the first and broadest of the legal rights (ss7-14), we consider life, liberty, and security of the person. This is often used in a criminal law setting, but the cases we looked at in class were more unique. In this podcast, we consider the meaning of fundamental justice in the Motor Vehicle reference, then we look at the Morgentaler case in detail. In Morgentaler, the court found the existing abortion laws to violate security of the person without ever deciding whether women have the right to an abortion under the charter (only Wilson J expressly dealt with the substantive aspect of this issue). Next podcast we will continue section 7 rights with Rodriguez v BC.

Lochner v New York (1905)

Reference re sections 193 and 195.1(1)(c) of the Criminal Code

Reference re Section 94(2) of the Motor Vehicle Act (BC) (1985)

R v Morgentaler (1988)

]]> http://www.lifeofalawstudent.com/2007/04/13/canadian-constitutional-law-31-life-liberty-and-security-of-the-person/feed/ 26:16 Moving on to section 7 of the Charter, the first and broadest of the legal rights (ss7-14), we consider life, liberty, and security of the ... Moving on to section 7 of the Charter, the first and broadest of the legal rights (ss7-14), we consider life, liberty, and security of the person. This is often used in a criminal law setting, but the cases we looked at in class were more unique. In this podcast, we consider the meaning of fundamental justice in the Motor Vehicle reference, then we look at the Morgentaler case in detail. In Morgentaler, the court found the existing abortion laws to violate security of the person without ever deciding whether women have the right to an abortion under the charter (only Wilson J expressly dealt with the substantive aspect of this issue). Next podcast we will continue section 7 rights with Rodriguez v BC. Lochner v New York (1905) Reference re sections 193 and 195.1(1)(c) of the Criminal Code Reference re Section 94(2) of the Motor Vehicle Act (BC) (1985) R v Morgentaler (1988) 1L,,Canadian,Constitutional,Law,,Constitutional,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No Canadian Constitutional Law #30: Hate Speech http://www.lifeofalawstudent.com/2007/04/06/canadian-constitutional-law-30-hate-speech/ http://www.lifeofalawstudent.com/2007/04/06/canadian-constitutional-law-30-hate-speech/#comments Fri, 06 Apr 2007 15:22:12 +0000 Erin http://www.lifeofalawstudent.com/2007/04/06/canadian-constitutional-law-30-hate-speech/ Is hate speech a form of expression? Can it earn the same Charter protection as dissident political speech? In this podcast, we will discuss hate speech, focusing mainly on R v Keegstra. We will briefly compare the Canadian and American conceptions of hate speech. Unlike in the USA, Canadian courts have held hate speech to be an inherently harmful activity analogous to a verbal assault, which is not deserving of the same protection as other forms of expression. This view is not unanimous, and we will look at McLachlin J’s dissent in Keegstra and Taylor as an alternative view of hate speech not accepted by the supreme court.

R v Keegstra (1990)

Taylor v Canadian Human Rights Commission (1990)

Collin v Smith (1978) (American Case, for comparison only)

RAV v City of St Paul, Minnesota (1992) (American Case, for comparison only)

Ross v New Brunswick School District No 15 (1996)

Saskatchewan (HR commission) v Bell (1991)

]]> http://www.lifeofalawstudent.com/2007/04/06/canadian-constitutional-law-30-hate-speech/feed/ 23:16 Is hate speech a form of expression? Can it earn the same Charter protection as dissident political speech? In this podcast, we will ... Is hate speech a form of expression? Can it earn the same Charter protection as dissident political speech? In this podcast, we will discuss hate speech, focusing mainly on R v Keegstra. We will briefly compare the Canadian and American conceptions of hate speech. Unlike in the USA, Canadian courts have held hate speech to be an inherently harmful activity analogous to a verbal assault, which is not deserving of the same protection as other forms of expression. This view is not unanimous, and we will look at McLachlin Jacirc;euro;trade;s dissent in Keegstra and Taylor as an alternative view of hate speech not accepted by the supreme court. R v Keegstra (1990) Taylor v Canadian Human Rights Commission (1990) Collin v Smith (1978) (American Case, for comparison only) RAV v City of St Paul, Minnesota (1992) (American Case, for comparison only) Ross v New Brunswick School District No 15 (1996) Saskatchewan (HR commission) v Bell (1991) 1L,,Canadian,Constitutional,Law,,Constitutional,Law,,Erin,Morgan,,McGill,Faculty,of,Law Rob Wiltbank and the LoaLS Team no No