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. Fri, 26 Aug 2011 02:35:25 +0000 http://backend.userland.com/rss092 en 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 ... http://www.lifeofalawstudent.com/2011/04/26/evidence-10-authentication-and-original-writing/ 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 ProceedingsDownload Standard Podcast http://www.lifeofalawstudent.com/2011/04/26/evidence-9-presumptions/ 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 ... http://www.lifeofalawstudent.com/2011/04/26/evidence-8-lay-and-expert-witnesses/ 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 CrimeDownload Standard Podcast http://www.lifeofalawstudent.com/2011/03/06/evidence-7-character-evidence-ii/ 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 CharacterDownload Standard Podcast http://www.lifeofalawstudent.com/2011/03/06/evidence-6-character-evidence-i/ 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 ExceptionDownload Standard Podcast http://www.lifeofalawstudent.com/2011/03/05/evidence-5-hearsay-issues/ 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 ImmaterialDownload Standard Podcast http://www.lifeofalawstudent.com/2011/03/05/evidence-4-admissible-statements-and-hearsay-exceptions/ 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. DefinitionsDownload Standard Podcast http://www.lifeofalawstudent.com/2011/03/05/evidence-3-introduction-to-hearsay/ 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 ... http://www.lifeofalawstudent.com/2011/03/03/evidence-2-admissibility/ 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 ... http://www.lifeofalawstudent.com/2011/02/20/evidence-1-relevence/ Funny! Brought to my attention through Andrew V, thanks! http://www.lifeofalawstudent.com/2010/02/22/hearsay-exception-song/ 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 ... http://www.lifeofalawstudent.com/2009/09/19/the-art-of-the-law-school-transfer/ 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 ... http://www.lifeofalawstudent.com/2009/09/16/a-plea-to-new-law-students/ 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 ... http://www.lifeofalawstudent.com/2009/08/03/loals-1-on-online-schools-blog-choice/ 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 ... http://www.lifeofalawstudent.com/2009/04/30/fixing-podcasts/ 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 ... http://www.lifeofalawstudent.com/2009/01/07/feed-woes-update/ 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 ... http://www.lifeofalawstudent.com/2009/01/03/of-feeds-and-technical-difficulties/ 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/ 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", ... http://www.lifeofalawstudent.com/2008/10/11/the-constution-bill-of-rights-and-bankrupcy-procedures/ 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 ... http://www.lifeofalawstudent.com/2008/10/06/federal-rules/ 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; ... http://www.lifeofalawstudent.com/2008/09/15/news-and-views-23-new-feeds-and-nominations/ 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 ... http://www.lifeofalawstudent.com/2008/09/12/criminal-judiciary-2-law-and-crime/ 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/ 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 ... http://www.lifeofalawstudent.com/2008/09/09/intro-to-criminal-justice-1-justice-and-public-safety/ 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 ... http://www.lifeofalawstudent.com/2008/08/30/news-and-views-22-new-feeds-and-podcast-awards/ 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 ... http://www.lifeofalawstudent.com/2008/08/30/criminal-judiciary-1-house-v-bell/ 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 ... http://www.lifeofalawstudent.com/2008/08/11/i-dont-know-what-ill-do-this-summer/ 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 ... http://www.lifeofalawstudent.com/2008/08/07/news-and-views-21-dc-v-heller/ 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.Download News and Views ... http://www.lifeofalawstudent.com/2008/08/04/news-and-views-20-introducing-rob-wiltbank/ 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 ... http://www.lifeofalawstudent.com/2008/08/04/website-software-updated/ 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 ... http://www.lifeofalawstudent.com/2008/07/31/getting-back-on-track-an-update/ 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 ... http://www.lifeofalawstudent.com/2008/01/30/plan-for-this-semester/ 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 ... http://www.lifeofalawstudent.com/2008/01/29/vote-for-law-student-run-jurist-in-webbys/ 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 ... http://www.lifeofalawstudent.com/2008/01/19/why-the-site-still-isnt-fully-working/ 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 ... http://www.lifeofalawstudent.com/2008/01/09/update-technical-glitches-and-episode-backlog/ 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). Download ... http://www.lifeofalawstudent.com/2007/12/28/copyright-law-4-fixation/ 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 ... http://www.lifeofalawstudent.com/2007/12/28/copyright-law-3-introduction-to-copyright-iii/ 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 ... http://www.lifeofalawstudent.com/2007/12/28/copyright-law-2-introduction-to-copyright-ii/ 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 ... http://www.lifeofalawstudent.com/2007/12/28/copyright-law-1-introduction-to-copyright-i/ 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.Download Standard Podcast http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-11-non-copyright-concerns/ 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.Download Standard Podcast http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-10-other-limitations-and-exceptions/ 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.Download Standard Podcast http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-9-fair-use-iv/ 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 ... http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-8-fair-use-iii/ 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."Download Standard Podcast http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-7-fair-use-ii/ 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.Download Standard Podcast http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-6-fair-use-i/ 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. Download Standard Podcast http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-5-the-five-exclusive-rights-and-moral-rights/ 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. Download Standard Podcast http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-4-duration-of-copyright-ii/ 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.Download ... http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-3-duration-of-copyright-i/ 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 ... http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-2-basic-mantra-and-some-exceptions/ 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 ... http://www.lifeofalawstudent.com/2007/12/28/fundamentals-of-copyright-1-high-level-overview-of-copyright/ 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 ... http://www.lifeofalawstudent.com/2007/12/04/technical-problems/ 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)Download Standard Podcast http://www.lifeofalawstudent.com/2007/11/28/canadian-immigration-and-refugee-law-5-constitutional-review/ 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 ... http://www.lifeofalawstudent.com/2007/11/28/canadian-immigration-and-refugee-law-4-national-status/ 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.Download Standard Podcast http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-3-sovereignty-and-open-boarders-part-2/ 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.Download Standard Podcast http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-2-sovereignty-and-open-boarders/ 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 ... http://www.lifeofalawstudent.com/2007/11/25/canadian-immigration-and-refugee-law-1-introduction/ 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 ... http://www.lifeofalawstudent.com/2007/10/08/were-not-dead-yet/ 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)Download Canadian Constitutional Law 37 http://www.lifeofalawstudent.com/2007/08/23/canadian-constitutional-law-37-remedies-and-reform/ 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 ... http://www.lifeofalawstudent.com/2007/08/22/canadian-constitutional-law-36-aboriginal-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 ... http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-35-language-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 ... http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-34-economic-and-social-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 ... http://www.lifeofalawstudent.com/2007/08/16/canadian-constitutional-law-33-equality-rights/ 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 ... http://www.lifeofalawstudent.com/2007/04/13/canadian-constitutional-law-32-section-7-continued-assisted-suicide/ 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 ... http://www.lifeofalawstudent.com/2007/04/13/canadian-constitutional-law-31-life-liberty-and-security-of-the-person/ 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 ... http://www.lifeofalawstudent.com/2007/04/06/canadian-constitutional-law-30-hate-speech/