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The Life of a Law Student podcasts chronicle the material presented to and learned by Neil Wehneman, a student at the University of Cincinnati's College of Law. Feeds are segmented by course. Primary Format : Education Language : English Also Listed as: City : Cincinnati State/Province : OH Country : USA Region : NA User Tags: User Votes: RSS Feed Website People found this Podcast Searching for: View this Podcast on a Google Map. Podcast iTunes Link Text Only listing of Life of a Law Student: All Feeds Podcasts Methings.com listings of Life of a Law Student: All Feeds Podcasts If you like this podcast, you might also like:

Canadian Constitutional Law #23: Approaches to Charter Interpretation Well, it’s February and we made it to the Charter (if I only I could make it to spring break…) In this podcast we’ll talk about the advent of the Charter and some approaches the court has developed for its interpretation. Interpreting a constitutional document is different from regular statute interpretation, so Dickson [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #22: Implied (and Real) Bill of Rights In this podcast we first look at the implied bill of rights, a concept drawn from a series of cases that seem to hint at the idea that there is a sphere of fundamental freedoms needed for a democracy which is beyond the reach of the provincial (and perhaps also the federal) government. Then [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #21:Racism in the Law, Pre-Charter Era In this podcast we will look at three cases as examples of how racism in the law was dealt with before the charter entrenchment of rights. Without a constitutional document protecting rights, we see that the court can only strike racist legislation on the basis of division of powers. Both the JCPC and [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #20: International Economic Obligations In this podcast we discuss some of Canada’s international economic agreements, and how they are impacted by division of power issues regarding the economy. We will look at some ways in which the constitution is “amended” in practice - that is, the methods that may be employed to achieve a distribution of power between [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Foundations of Canadian Law #6: The Hart-Fuller Debate This podcast we will do a brief overview of the Hart-Fuller debate. What happens when two overeducated professors duke it out in the Harvard Law Review? Hart defends the positivist stance that law and morality are seperate, while Fuller maintains that law must encompass a certain amount of morality to explain its binding [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Foundations of Canadian Law #5: Rules and Obligations As Foundations abruptly stops being simple, I attempt to explain the philosophies of HLA Hart and Ronald Dworkin regarding the nature of law, legal systems, and the source of our obligations to obey. Hart’s positivism views law as seperate from morality (more on this next podcast), and explains obligations as a product of social [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Foundations of Canadian Law #4: Conceptions of Justice What is justice? Is it the same as law? What happens when laws are unjust or harmful to us? In this episode we discuss Aristotle’s Ethics, Plato’s Republic and Dialogues, and Sophocles’ Anitgone. We will discuss different conceptions of justice, and the moral dilemna that arises in regards to obeying laws which [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Foundations of Canadian Law #3: Aboriginal Title This podcast we look atthe landmark Delgamuukw case, in which the Supreme Court recognized the aboriginal title held by several First Nations in BC. This title is not the same as ownership, it is the sui generis right to exclusive use and occupation of the land, inalienable but to the crown. (If [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Maritime Law #4: Recovery of Non-Pecuniary Damages (with Prof. Force) If you have taken civil procedure or listened to one of Neil’s podcasts on the subject, you may be familiar with the Erie doctrine.  In matters of admiralty law, the reverse Erie doctrine applies; common law is created by the federal judiciary.  Such federal common law rules are even binding on state courts hearing an [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law (Samuel) #1: Standing Plaintiffs have standing when the court finds that there is (I) an legally-recognised harm to the plaintiff, (II) a reasonable causal connexion between the injury to the plaintiff and the complained-of conduct of the defendant, and (III) a likelihood that an affirmative ruling will vindicate the rights of the plaintiff. Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #19: Economic Regulation II In our second podcast on economic regulation, we look at the federal government’s power to legislate for trade under sec 91(2), control over trade and commerce.  Beginning with the parsons case, this has been interpreted as containing 2 branches: power over international or interprovincial trade and commerce, and a second branch of power over general [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #18: Economic Regulation I Who has jurisdiction over economic regulation?  This is an area that could fit under the federal power of trade and commerce (sec91(2)), or the provincial power over property and civil rights (sec92(13)).  In general, intraprovincial trade is considered to be a provincial matter and interprovincial and international trade is considered a federal matter.  In the [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Foundations of Canadian Law #2: Court System In this episode we look at the structure of the court system in Canada. The most important feature to remember is that Canada is a unified (as opposed to a dual) court system. So our courts sit in direct hierarchies, with the Supreme Court serving as the final court of appeal for both federal and [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Foundations of Canadian Law #1: Civil Law History This is the first podcast in a class called Foundations of Canadian Law at McGill University. In Foundations we tend to cover a wide variety of topics related to law such as philosophy, aboriginal title, history, rights, rules and morals, etc., so many of these episodes can stand alone. In this short episode, I talk [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #17: Provincial Regulation of Morality Nude dancing, prostitution and stamping out communism are just some of the issues the provinces have attempted to tackle. Since morality is considered a valid criminal purpose (see Margarine reference from episode 15 of the last term’s podcasts), and criminal law is a federal power, how have the courts interpreted provincial attempts to regulate [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #16: Review In about 40 minutes we recap the whole term. We will begin term two in January with provincial regulation of morality. Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #15: Federal Criminal Power Under 91(27) the federal government has the plenary (total) power to make criminal laws for Canada. This power has been interpreted very broadly by the courts to include legislation that can appear more regulatory than criminal so long as it contains a prohibition and punishment, with a valid purpose (usually protecting the public from an [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #14: POGG National Concern To conclude our discussion of POGG, we will look at the second major branch of this concept as national concern. What makes something national concern? What criteria must it meet? The foundational case on this subject is R v Crown Zellerbach Ltd, in which justice Le Dain establishes a test to determine whether an area [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #13: POGG Emergency The federal government has the power to make lakes for the “Peace Order and Good Governance” (POGG) of the country under s91. But what does this mean? In the first of two podcasts on POGG we will look at POGG as an emergency power, as seen in the Laskin-Beetz debate in the Anti-Inflation Reference 1976. Reference [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #16: Review In about 40 minutes we recap the whole term. We will begin term two in January with provincial regulation of morality.Download the episode(41:17) Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #15: Federal Criminal Power Under 91(27) the federal government has the plenary (total) power to make criminal laws for Canada. This power has been interpreted very broadly by the courts to include legislation that can appear more regulatory than criminal so long as it contains a prohibition and punishment, with a valid purpose (usually protecting the public from an "evil"). Legislation has even been upheld as criminal when it appears the federal government intended it to be considered under POGG. This is the last ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #14: POGG National Concern To conclude our discussion of POGG, we will look at the second major branch of this concept as national concern. What makes something national concern? What criteria must it meet? The foundational case on this subject is R v Crown Zellerbach Ltd, in which justice Le Dain establishes a test to determine whether an area of jurisdiction meets the criteria for national concern. We will look at this test and a few other cases relating to POGG.Download the episode(23:03) Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #13: POGG Emergency The federal government has the power to make lakes for the "Peace Order and Good Governance" (POGG) of the country under s91. But what does this mean? In the first of two podcasts on POGG we will look at POGG as an emergency power, as seen in the Laskin-Beetz debate in the Anti-Inflation Reference 1976.Download the episode(29:39) Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #12: Paramountcy Doctrine This is the last doctrine for a while! Paramountcy dictates that in areas of concurrent jurisdiction (remember the double aspect doctrine?), if there is a conflict between statutes the federal government will have final say. In this podcast will we observe a drunk driver have his licence both suspended and restricted (confusing, no?) [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #11: Interjurisdictional Immunity Doctrine We continue our study of the many, many doctrines of Canadian Constitutional theory with the Interjurisdictional Immunity Doctrine, which exempts certain federal undertakings (think Bell Canada) from provincial laws which are otherwise valid. In this podcast you will learn: where labour laws go to die. what a hopeless anglo sounds like when she tries to read the [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #10: Ancillary Doctrine, Double Aspect Doctrine In this podcast we celebrate the conclusion of my memo by studying two more doctrines! The Ancillary (also called Necessarily Incidental) doctrine is sometimes used to uphold a specific provision that infringes on another government’s jurisdiction when the provision is part of a larger valid scheme. The Double Aspect Doctrine is very commonly [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #12: Paramountcy Doctrine This is the last doctrine for a while! Paramountcy dictates that in areas of concurrent jurisdiction (remember the double aspect doctrine?), if there is a conflict between statutes the federal government will have final say. In this podcast will we observe a drunk driver have his liscence both suspended and restricted (confusing, no?) and lament the fate of Saskatchewan farmers, who are often unappreciated by bureaucrats in Ottawa. Multiple Access v McCutchoen is also back by popular req ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #11: Interjurisdictional Immunity Doctrine We continue our study of the many, many doctrines of Canadian Constitutional theory with the Interjurisdictional Immunity Doctrine, which exempts certain federal undertakings (think Bell Canada) from provincial laws which are otherwise valid. In this podcast you will learn:-where labour laws go to die.-what a hopeless anglo sounds like when she tries to read the titles of french cases.-why my spell-check doesn't recognize Interjurisdictional as a word.Download the episode(17:51) Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #10: Ancillary Doctrine, Double Aspect Doctrine In this podcast we celebrate the conclusion of my memo by studying two more doctrines! The Ancillary (also called Necessarily Incidental) doctrine is sometimes used to uphold a specific provision that infringes on another government's jurisdiction when the provision is part of a larger valid scheme. The Double Aspect Doctrine is very commonly used to allow for concurrent jurisdictions of shared legislative power between the provinces and the federal government. The double aspects doctrin ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #31: Public Displays and Free Exercise In this, our final episode for Constitutional Law II, we will examine public religious displays (such as nativity scenes and the Ten Commandments), as well as briefly consider the Free Exercise of religion. Lynch v. Donnelly (SCOTUS, 1984) Allegheny County v. Greater Pittsburgh ACLU (SCOTUS, 1989) Stone v. Graham (SCOTUS, 1980) McReary County v. ACLU of Kentucky (SCOTUS, 2005) Van [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #30: More Tests and School Prayer In this episode we will examine the coercion test, the history / tradition test, the “stupid legislator” test, as well as briefly examining school prayer and the pledge of allegiance. Marsh v. Chambers (SCOTUS, 1983) Lee v. Weisman (SCOTUS, 1992) Santa Fe Independent School District v. Doe (SCOTUS, 2000) Wallace v. Jaffree (SCOTUS, 1985) Elk Grove Unified School District v. [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #29: Establishment and School Funding Can the state provide funding to a private, religious school? The answer, as in many situations is, “it depends.” In this episode we’ll look at some of the various ways that private-school funding has been deemed an establishment, and other ways in which it was not. Committee for Public Education v. Nyquist (SCOTUS, 1973) Mueller [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #28: Introduction to Establishment We now turn to our final topic in Constitutional Law II, the Religion Clauses. The clauses protect the free exercise of religion, as well as ensuring against the establishment of a religion (aka “separation of church and state”). We will talk a bit about the historical context of the Religion Clauses, as well [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #31: Public Displays and Free Exercise In this, our final episode for Constitutional Law II, we will examine public religious displays (such as nativity scenes and the Ten Commandments), as well as briefly consider the Free Exercise of religion.Download the episode(26:35) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #30: More Tests and School Prayer In this episode we will examine the coercion test, the history / tradition test, the "stupid legislator" test, as well as briefly examining school prayer and the pledge of allegiance.Download the episode(25:19) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #29: Establishment and School Funding Can the state provide funding to a private, religious school? The answer, as in many situations is, "it depends." In this episode we'll look at some of the various ways that private-school funding has been deemed an establishment, and other ways in which it was not.Download the episode(23:52) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #28: Introduction to Establishment We now turn to our final topic in Constitutional Law II, the Religion Clauses. The clauses protect the free exercise of religion, as well as ensuring against the establishment of a religion (aka "separation of church and state"). We will talk a bit about the historical context of the Religion Clauses, as well as two foundational cases.Download the episode(32:24) Listen | Listen in your iPhone | Download | View full cache | Visit Website Foundations of Canadian Law #2: Court System In this episode we look at the structure of the court system in Canada. The most important feature to remember is that Canada is a unified (as opposed to a dual) court system. So our courts sit in direct hierarchies, with the Supreme Court serving as the final court of appeal for both federal and the provincial courts. We will talk a little bit about each court and its jurisdiction.Download the episode(16:35) Listen | Listen in your iPhone | Download | View full cache | Visit Website Foundations of Canadian Law #1: Civil Law History This is the first podcast in a class called Foundations of Canadian Law at McGill University. In foundations we tend to cover a wide variety of topics related to law such as philosophy, aboriginal title, history, rights, rules and morals, etc., so many of these episodes can stand alone. In this short episode, I talk a little bit about the history of civil law in Canada. For a more comprehensive history of Canada's pre-confederate legal system you may also listen toCanadian Constitutional ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #9: Pith = Babies? In this podcast we take a closer look at the Pith and Substance doctrine by examining one of the Morgentaler cases relating to abortion and the Reference re Employment Insurance regarding maternity leave benefits. Morgentaler is always interesting, this will be a fun podcast. R v Morgentaler (1993) Reference re Employment Insurance Act, (2005) Unemployment Insurance [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #27: Defamation Defamation is another type of “speech” that is often said as being outside the 1st Amendment. In this episode we briefly look at the substantive aspects of defamation, as well as the constitutional requirements of proof before a defamation cause of action can proceed against a public figure. NY Times Co. v. Sullivan (SCOTUS, 1964) Gertz [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #26: Indecent Speech II We continue our discussion of indecent speech by examining COPA, the Child Online Protection Act. ACLU v. Ashcroft (SCOTUS, 2002) Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #25: Indecent Speech I Often times speech will not rise to the level of “obscene”, but will be considered “indecent.” (For example, it could be considered obscene as to minors.) When public broadcasting is concerned, there are certain regulations that the state can place on this speech. I also advocate examining these regulations based upon a [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #24: Obscenity Obscenity is often said to be outside the 1st Amendment. In this episode we will look at the policies and arguments that underly not protecting obscenity, the historical (and continuing) difficulty in defining exactly what obscenity is, as well as the current test for obscenity. Wikipedia article on Robert Mapplethorpe Roth v. United States (SCOTUS, 1957) Ginzburg [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #23: Commercial Speech Commercial speech historically received no 1st Amendment protection. However, that has somewhat recently changed, granting commercial speakers an intermediate level of protection. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (SCOTUS 1976) Central Hudson Gas & Elec. Corp v. Public Service Comm’n (SCOTUS, 1980) 44 Liquormart v. Rhode Island (SCOTUS, 1996) Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #22: State-Funded Speech When the government pays for speech, it is also given additional leeway in crafting the conveyed message. Examples are government employees and those receiving government funding. Rust v. Sullivan (SCOTUS, 1991) Rosenburger v. Rector and Visitors of University of Virginia (SCOTUS, 1995) United States v. American Library Association, Inc. (SCOTUS, 2003) Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #21: Speech in Schools In restricted environments, such as militaries, prisons, and schools, the government is given slightly more leeway to restrict speech. In this episode we will examine the rules that apply to schools. Tinker v. Des Moines Independent Community School District (SCOTUS, 1969) Bethel School District v. Fraser (SCOTUS, 1986) Hazelwood School District v. Kuhlmeier (SCOTUS, 1998) Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #20: Forum Analysis Just because property is publicly owned, doesn’t mean that the government can’t restrict what type of speech goes on there. Different rules apply to different types of “public forums” (or perhaps “public fora”). In this episode we will look at some of the considerations that go into calibrating protection based on the relevant [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #8: The Depression and the New Deal Legislation In this episode we’ll discuss the “New Deal” legislation, six statutes enacted by RP Bennett’s government in 1935 to combat the depression. These acts were mostly ruled ultra vires by the JCPC in two reference decisions that sparked some backlash towards the Privy Council’s strict interpretations, and later led to a constitutional amendment. The Unemployment [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #7: Watertight Compartments Diverging from the Russell and Hodge cases we looked at last time, in the 1920s Lord Haldane made a series of judgements that viewed the powers given to the federal and provincial governments in s91 and s92 as “watertight compartments” where little or no overlap may exist. I disscuss the Snider case as an [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #6: Division of Powers Does prohibition relate to national unity? Apparently so. We look at three early prohibition cases to exemplify how the Judicial Committee of the Privy Council developed two doctrines used to interpret constitutional division of power, the “pith and substance doctrine” and the “double aspect doctrine”. In the third case, the JCPC begins [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #5: The Persons Case! The 1929 Persons Case (Edwards v AG Canada), is an extremely important and well-known court case in which Emily Murphy (as one of the famous five) fought all the way to London to gain recognition that the words “qualified persons” in the 1867 Constitution Act include women, thus allowing us to sit in the senate. [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #38: Regulatory Takings and Nuisance II In our last episode for Property, we look a bit more at the question of regulation and the “denominator problem”, as well as looking at a third categorical rule. This rule is that regulations that de-value property into inutility are always a taking, unless justified by background principles of common law nuisance. Penn Central Transportation [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #37: Regulatory Takings and Nuisance I Sometimes what appears to be a normal regulation threatens to regulates property into valueless inutility. How far is too far, triggering a taking? And can nuisances be regulated out of existence without paying just compensation? Hadacheck v. Sebastian Pennsylvania Coal Co. v. Mahon Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #36: Just Compensation and Physical Invasions In this episode we discuss (albeit briefly) some of the questions to keep in mind when trying to determine what “just compensation” is or should be. We will also begin looking at the question of when has a taking actually taken place, examining a categorical rule involving permanent physical occupations. Riggs v. Township of Long [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #35: Takings and Public Use We begin our final topic in this feed: Takings. We’ll define briefly what a taking is, what textual limits the 5th Amendment places on these takings, and try to define what a “public use” is. Hawaii Housing Authority v. Midkiff Kelo v. City of New London Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #34: Zoning IV In our final episode on zoning, we discuss the concept of spot zoning, or where a single area (allegedly) has its zoning changed for an improper purpose. State v. City of Rochester Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #33: Zoning III In our third episode on zoning, we move to variances and special exceptions. Variances are when the zoning code is not strictly applied to avoid undue hardship, while a special exception is when a use is generally allowable, but requires sign-off from the zoning board. Commons v. Westwood Zoning Board of Adjustment Cope v. Inhabitants of [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #32: Zoning II We continue our discussion of zoning by focusing on the noncomforming use. A noncomforming use is one that was legal before a zoning ordinance took effect, but is now outside of the appropriate zone. The concept of amortization (giving a deadline for shutting down the noncomforming use, after reasonable recoupment of investment) is [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #31: Zoning I We turn our attention from private land controls to public land controls. Specifically, we’ll be looking at a concept called zoning, the constitutionality of which was upheld by this episode’s case. Village of Euclid v. Ambler Realty Co. Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #4: Legislative and Executive Powers In this episode, I explain why in Canada the executive and legislative branches are fused, and look at how they operate in relation to one another. I then discuss the Roncarelli case and the Imperial Tobacco case as examples of how rule of law may or may not be used to constrain government power. British [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #30: Servitudes II We continue and conclude our discussion of servitudes by focusing on the touch and concern requirement. Neponsit Property Owners’ Association, Inc. v. Emigrant Industrial Savings Bank Caullett v. Stanley Stilwell & Sons, Inc. Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #29: Servitudes I A servitude is a generic term for negative easements, real covenants, and equitable servitudes. Servitudes impose restrictions and burdens on land owners, while also bringing a reciprocal benefit. Most homeowner association regulations are enforced via servitudes. Tulk v. Moxhay Sanborn v. McLean Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #3: History Why did Papineau stage an armed rebellion? Who is Lord Durham, and why do they no longer show those old Canadian Heritage Moments on TV? All this and more in Canadian Constitutional Law #3! In this episode I outline the historical background and major legislation leading up to confederation in 1867. Royal Proclaimation [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #2: Underlying Principles of the Constitution If important parts of the constitution are unwritten, what are the sources of these informal componants? In this episode, I discuss the Supreme Court Reference Regarding the Secession of Quebec (1998), a document in which the supreme court identifies four principles underlying the constitution. We then look at the Montfont Hospital case as an [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Law School Experience #3: The Closed Memo I have received my first assignment for my legal research and writing class, namely the ‘closed memo.’ In this short episode I try to give listeners some idea of what this assignment entails. Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Law School Experience #2: Canadian Law Schools In this episode, Erin Morgan talks about Canadian law schools, and the application process for getting into them. Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website News and Views #19: Introducing Erin Morgan I am pleased to formally introduce Erin Morgan. Erin, a 1L from McGill University in Montreal, will be recording on Canadian Constitutional Law. She intends to practice international law upon graduation. Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Canadian Constitutional Law #1: Constitutional Documents In the first episode of Canadian Constitutional Law, I explain which documents are formally included in the written constitution, and discuss the key points of the major two documents, the Constitution Act 1867 (formerly known as the BNA Act) and the Constitution Act 1982. The latter document also includes the Charter of Rights and [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts (Marc) #6: Trespass to Land Trespass to land is the next intentional tort on my agenda and here we see that the intent requirment for an action of trespass to land is less exacting than in the forms of actions previously discussed. Dougherty v. Stepp Bradley v. American Smelting and Refining Co. Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts (Marc) #5: Intentional Infliction of Emotional Distress In this episode I discuss a form of action that has been recognized by the courts relatively recently, intentional infliction of emotional distress. State Rubbsish Collectors Ass’n v. Siliznoff Slocum v. Food Fair Stores of Florida Harris v. Jones Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts (Marc) #4: False Imprisonment As we have seen intentional torts differ from actions based on negligence in that the plaintiff is not required to show damages. This basis for this distinction is that intentional torts involved the invasion of a inviolable right. False imprisonment address an invasion of one’s freedom to exit a location that has become [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website News and Views #18: Introducing Marc Montgomery I am pleased to formally introduce Marc Montgomery. Marc, a 1L from Tulane, recorded the three episode Maritime Law podcast, and is currently producing a Torts feed. He intends to practice maritime law upon graduation. Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #28: Easements III We conclude our discussion of easements by examining, among other things, the scope of an easement. Brown v. Voss Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #27: Easements II In this episode we continue our discussion of easements with two more cases. Van Sandt v. Royster Othen v. Rosier Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #26: Easements I An easement is a permanent right to use another person’s land. It does not give a right of possession, nor is it a temporary use license. The four types of easement creation mechanisms we will begin to look at in this episode are grant, implication (aka necessity), prescription, and estoppel. We will [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #25: Nuisance II We complete our discussion of nuisance by looking more closely at the remedies available for a nuisance. Do we just give monetary damages, or do we also give an injunction to shut the nuisance down? To answer this question we must often balance the equities. We will also consider what might happen [...] Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #24: Nuisance I Nuisance is where the use of one property creates a substantial and unreasonable interference with the rights of another property owner. In this episode I explain the basics of nuisance, as well as apply it to copyright law. Morgan v. High Penn Oil Co. Estancias Dalls Corp. v. Schultz Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #23: Tenant Protections Tenants have some protections to ensure that they are getting a fair shake from their landlord. The two that we will discussion in this episode are the covenant of quiet enjoyment (ie you will not be constructively evicted) and the warranty of habitability. Reste Realty Corp. v. Cooper Hilder v. St. Peter Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Law School Experience #1: Orientation Week Almost all law schools provide some sort of orientation program for incoming students immediately prior to the first day of classes. In this episode I share some of my experiences during Tulane’s orientation week. Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts (Marc) #3: Civil Assault and Battery In this episode I examine two related forms of intentional tort, battery and assault, and attempt to illustrate that in the world of civil litigation, the terms assault and battery do not have the same meaning as they do in a criminal context. Wallace v. Rosen Fisher v. Carrousel Western Union Telegraph C. v Hill Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts (Marc) #2: Intent Before beginning an examination of the specific causes of action for intentional torts, I discuss a number of cases that illustrate the two prong test that civil courts have adopted in determining if conduct can be considered intentional under tort law. Garrat v. Daily Spivey v. Battaglia Ranson v. Kitner McGuire v. Almy Talmage v. Smith Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts (Marc) #1: Liability Based on Fault Modern tort law recognizes three bases for finding liability: intentional conduct, negligence and strict liability. In this episode I provide a brief overview of how this framework developed and evolved in our legal system. Weaver v. Ward Brown v. Kendall Cohen v. Petty Spano v. Perini Corp. Download Standard Podcast Listen | Listen in your iPhone | Download | View full cache | Visit Website News and Views #16: What Lies Ahead In this episode I explain my impending marriage, what work I'll be focusing on over the next year, and what lies ahead for Life of a Law Student.Download the episode (6:33) Listen | Listen in your iPhone | Download | View full cache | Visit Website News and Views #15: Hiatus for Finals This is a quick episode to give everyone a heads-up that I have shifted into finals-mode. I will complete the semester's recordings in late spring / early summer.Download the episode (1:32) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #14: The Felony Murder Rule In many jurisdictions, any homicide that occurs during the commission of a felony is chargeable as murder. This doctrine, the felony murder rule, has been significantly criticized by commentators and limited by the judiciary.Download the episode (21:12) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #13: Negligent Homicides Homicide often comes about through inadvertance and acceptence of risk, rather than an intentional act. Such homicides include negligent homicide (criminal negligence) and involuntary manslaughter (criminal recklessness).Download the episode (17:01) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #12: Voluntary Manslaughter Intentional killings often occur based upon provocation and / or extreme emotional distress (EED). Such killings are classified as voluntary manslaughter, which a reduction in punishment.Download the episode (20:01) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #12: Seventh Amendment II We continue examining the Seventh Amendment by applying it to three cases. These cases will hopefully give us an outline of when the right to jury trial is present and when it is not.Download the episode (16:37) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #11: Seventh Amendment I We now turn to the seventh amendment, and with it the right to trial by jury. We will discuss the role of juries, jury nullification, the distinction between law and equity, and other topics.Download the episode (21:11) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #10: Summary Judgment II We conclude our discussion of summary judgment by seeing it applied in two decisions.Download the episode (20:38) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #11: State Action The Constitution provides a check on governmental power, but not necessarily a check on private behavior. (Obviously Congress can check private behavior by enacting legislation.) In this episode we will look at when state action exists.Download the episode (40:15) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #9: Summary Judgment What is summary judgment, and what are the requirements on a party in order to move for it? Is it a tool of right, or is there a burden on the moving party? If the latter, what burden is there?Download the episode (35:12) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #8: Discovery IV We conclude our discussion of discovery by looking at the penalties for failing to comply with discovery: sanctions. Outright dismissal is at the severest end of such penalties.Download the episode (19:35) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #22: Defaulting Tenants Not every lease works out perfectly. Sometimes tenants default, or a landlord believes they have defaulted. What happens then? Can a landlord execute self-help to take back the premises? What requirements, if any, are there to relet the premises?Download the episode (18:57) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #21: Possession and Assignment The tension between leaseholds as property and leaseholds as contract are shown though examining who has the responsibility to put the incoming tenant into possession, and when an alienable assignment of the lease can be barred.Download the episode (15:21) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #20: Intro to Leasehold Estates We now turn to leasehold estates, or when property is conveyed to another for a limited time. We will examine the basics of determined the lease time period and the notice required, as well as see those concepts applied.Download the episode (19:17) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #19: Marital "Property" Marriages sometimes end in divorce. When they do, it is easy enough to divide tangible property. But what do we do with degrees, careers, celebrity, and other intangible fruits of the marriage partnership?Download the episode (17:53) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #18: Tenancy by the Entirety Tenancy by the entirety is a joint tenancy that can be severed only by marriage. Issues arise when a creditor with a claim against one spouse seeks to assert right against this jointly owned property.Download the episode (18:57) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #17: Still More on Concurrent Interests What happens when one co-tenant creates value in the property that is not realized by the other tenant? Can this other tenant sue for a share of the proceeds? The answer will have an analogue to the world of copyright and Google Book Search. We will also examine what happens when a joint tenant leases his interest to a third party over another joint tenant's objections.Download the episode (14:37) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #16: More Concurrent Interests and Partition We continue our discussion of concurrent interests by looking at how a mortgage affects the respective rights of the party. We will also examine joint bank accounts.Finally, sometimes tenants in common or joint tenants don't get along. In that case, if the parties fail to work out their own arrangement, any party can have a court partition the property. This partion can either be in kind or by sale.Download the episode (18:41) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #15: Intro to Concurrent Interests We now begin a multi-episode look at concurrent interests. In this first episode we will outline tenancy in common, joint tenancy, and tenancy by the entirety.Download the episode (19:13) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #14: The Rule Against Perpetuities One of the rites of passage of the 1L year is struggling with the Rule Against Perpetuities. The subject of heavy reform, the Rule cuts off property interests that might fail to settle at too far a time in the future.Download the episode (21:00) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #13: Three Dead Doctrines We now turn to three dead doctrines within property law. Limitations on contingent remainders, the Rule in Shelley's Case, and the doctrine of worthier title have been overruled or repealed, but are occasionally implicated in older documents.Download the episode (15:33) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #7: Discovery III We've all heard of attorney-client privilege, and those communications are immune to discovery. However there is a related protection called the work-product doctrine. We'll explore that here, as well as briefly explore attorney-client privilege.Download the episode (22:45) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #11: Murder We now begin several episodes on the topic of homicide. The most serious of homicides are intentional ones, aka murder. Murder is generally broken down into two degrees: first and second.Download the episode (33:15) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #6: Discovery II Now that we have some discovery tools available, let's apply them. Diana Ross and one of her former employees will provide us with a case to examine.Download the episode (21:44) Listen | Listen in your iPhone | Download | View full cache | Visit Website News and Views #14: Sharing the Memo In this episode I respond to a comment asking about my memo. I discuss why I have not been recording my legal research and writing classes, as well as what I might be able to share about my completed memo.Download the episode (7:56) Listen | Listen in your iPhone | Download | View full cache | Visit Website News and Views #13: Abortion Placeholder This is a placeholder episode for when I put together a full episode on my personal abortion position.Download the episode (47 seconds) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #12: Trusts Many of the future interests discussed previously have been made obsolete by the trust. Trusts create legal and equitable owners to the same property, with the trustee (the legal owner) having a fudiciary obligation to manage the property for the benefit of the equitable owner (the beneficiary).Download the episode (14:04) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #11: Future Interests Oftentimes an interest in property will arise at some point in the future, perhaps upon reaching a certain age or accomplishment. Other times the grantor will retain an interest in the land (as we've seen in past episodes). Here we will discuss reversion, possibility of reverter, right of entry, vested and contingent remainders, and executory interests.Download the episode (20:10) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #10: Eminent Domain and Defeasible Estates What happens when eminent domain is exercised over a defeasible estate. The "string" attached to the land is no longer being fulfilled, but whose fault is that?Download the episode (12:26) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #9: Defeasible Estates Just because you give or sell someone property doesn't mean you can't attach a string to that transfer. Specifically, if the land is not used for a specific purpose the title can shift back to you. We will look at fee simple determinable (with its reverter) and fee simple subject to condition subsequent (with its right of re-entry).Download the episode (25:53) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #8: Waste In this episode we will examine "waste", in both its colloquial and legal sense. Our case will also touch on equitable retooling of life estates.Download the episode (15:46) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #10: Rape III This is our final episode on rape. We will examine marital immunity (aka the marital exemption), corroboration requirements, jury instructions, and rape-shield laws.Download the episode (26:53) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #9: Rape II In this, our second episode on rape, we will examine several topics. They include a definition of force, varying levels of consent, consent obtained by deception, and the mens rea of rape.Download the episode (34:37) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #7 Placeholder This is a placeholder for Criminal Law #7: Mistake of Law.Somehow my recorded episode has gone MIA, as have my digital notes. I will replace this episode in the near future.Download the episode (48 seconds) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #8: Rape I This is the first of three episodes handling the issues of rape and sexual crimes. We will examine the general elements of rape, which include penetration, physical force, and a lack of consent. A recurring theme will be the common law's distrust of alleged rape victims.Download the episode (33:01) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #10: Right of Treatment, Right to Die Those who are constrained against their will (ie mentally ill) have a right of treatment. It is also undisputed that an individual has a right to refuse treatment. The difficulty is determining the scope of this right and how to balance it against the state's varied interests. Additionally, an individual's "right to die" raises troubling policy questions.Download the episode (31:19) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #9: Lawrence v. Texas Can a state outlaw sodomy for the sole reason of "morality"? The Supreme Court's answer, via Justice Kennedy, is no. Moral disapproval alone cannot suffice to restrict a liberty interest.Download the episode (36:29) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #5: Discovery I One of the fundamental purposes of the Federal Rules is to have suits be decided on the merits. To that end, extensive compulsory fact sharing is afforded either party under the umbrella term "discovery." This episode will walk through the discovery mechanisms of initial disclosures, document inspections, interrogatories, depositions, physical and mental examinations, and requests for admissions.Download the episode (36:00) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #6: Strict Liability Sometimes a material element of a crime, or perhaps even all of the material elements of a crime, will lack a mens rea requirement. This is known as strict liability. Under what circumstances is this allowable? In this episode we will also examine vicarious liability.Download the episode (24:46) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #5: Mistake of Fact If I joke around with a gun I honestly and reasonably believe to be unloaded, and it goes off and kills someone, am I criminally liable? These mens rea questions are often referred to as "mistake of fact."Download the episode (19:25) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #4: Intro to Mens Rea We now turn to mens rea, the "criminal intent." We will look at how the Model Penal Code created a consistent system for determining what type of culpable mind was required for which elements. Additionally, we will spend a short amount of time on motive vs. intent, specific intent vs. general intent, non-MPC states, conditional intent, and conscious avoidance.Download the episode (35:21) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #7: Fee Simple, Fee Tail, and Life Estates We now turn our attention to estates. We will introduce the concepts of fee simple, fee tail, and life estates.Download the episode (25:03) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #6: Adverse Possession III We conclude our discussion of adverse possession by revisiting tacking, examining disabilities, and considering the adverse possession of personal property (such as a painting).Download the episode (20:10) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #5: Adverse Possession II We continue our discussion of adverse possession. The first case we look at will consider whether minor incursions are open and notorious, and the second case will introduce us to the concept of tacking.Download the episode (15:34) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #8: Casey and Stare Decisis After nearly two decades of protest and dissent, Roe is re-examined. Or is it? The meaning and scope of stare decisis is disputed between the those who would abandon Roe and start fresh, and those who would hold on to the general concept of Roe while re-formulating the law.Because I examine both the plurality and the dissent in detail, the length of this episode is significantly greater than normal.Download the episode (50:22) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #7: Roe v. Wade Perhaps the most divisive issue today is abortion. Roe v. Wade enunciated this right, setting off decades of protest and struggle from those on both sides of the issue.Download the episode (32:16) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #6: Griswold and the Right of Privacy We now begin a four episode set that concerns the so-called "right of privacy." Contraception, abortion, and homosexuality will fall within this privacy right.Download the episode (24:32) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #4: Class Actions III In our final episode upon class actions, we apply what we've learned to two hypotheticals. Notice, opt-out, and settlements will be discussed.Download the episode (23:26) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #3: Class Actions II We continue our discussion of class actions, this time focusing upon Rule 23(b).Download the episode (26:58) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #2: Class Actions I We will now begin a set of three episodes exploring class actions. In this first episode we will focus on Rule 23(a), which deals with numerosity, typicality, commonality, and adequate representation.Download the episode (27:50) Listen | Listen in your iPhone | Download | View full cache | Visit Website News and Views #12: Grades A question of curiousity and credibility, I have been repeatedly asked how I did on exams. In this episode I announce my grades for the first semester. For those interested in the end result: 3.769 out of 4.0, ranked 10th out of 130. Download the episode (6:07) Listen | Listen in your iPhone | Download | View full cache | Visit Website News and Views #11: Student Podcasters / Joel Christiansen In this episode I explain the different types of student podcasters that Life of a Law Student is looking for. Additionally, I introduce Joel Christiansen, who will be assisting with Property and Civil Procedure. Download the episode (10:38) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #4: Adverse Possession I Adverse possession is the process by which title can transfer from an absent property owner to someone else who actually uses the land. In this episode we look at the history of adverse possession, as well as outline the relevant elements. Download the episode (17:18) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #3: Acquisition by Finding "Finders keepers, losers weepers." Well, not always. The resolution of found items will vary depending upon a number of factors, which we will explore. Download the episode (16:24) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #2: Acquisition by Capture Who owns wild animals? While not having an overwhelming amount of direct contemporary importance, these three cases will illuminate some of the policies that property law must still balance today. Download the episode (25:53) Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #1: Acquisition by Conquest Perhaps the most direct way to acquire property is by the sword. In this episode we will examine how the Supreme Court viewed conflicting sales of land: one by the Union and one by a Native American tribe.Download the episode (17:41) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #3: Omissions The actus reus component of a crime can be fulfilled by the omission of an act, rather than an affirmative act. In this episode we will examine when a duty to act will come into being. Download the episode (26:48) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #2: Actus Reus In order to be found culpable of a crime, a voluntary act is required. But what counts as voluntary? And which acts need to be voluntary? By looking to the Model Penal Code we will answer these questions in this episode. Download the episode (32:11) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #5: Post-Lochner What was the fallout from the Lochner decision? What categorized this era? And how did FDR's court packing scheme help bring it to a close? Download the episode (19:35) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #4: Lochner v. New York We begin our examination of case law reflecting substantive due process with Lochner v. New York. A laissez-faire friendly Court created significant hurdles on infringement of what could be termed economic liberty, drawing two relatively famous dissents.Download the episode (18:24) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #4: Lochner v. New York We begin our examination of case law reflecting substantive due process with Lochner v. New York. A laissez-faire friendly Court created significant hurdles on infringement of what could be termed economic liberty, drawing two relatively famous dissents. Download the episode (18:24) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #2: Procedural Due Process The less controversial aspect of Due Process is procedural due process. We will determine what a hearing is, as well as look at two cases impacting procedural due process. Download the episode (14:21) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #1: Intro to Constitutional Law II In this episode we get a specific overview of the material that we will be covering this semester. We begin to discuss incorporation, the mechanism by which the protections of the federal constitution are applied against the states, as well as rough definitions of property and liberty interests. Download the episode (17:38) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #1: Intervention Joinder and impleader enable (sometimes unwilling) outsiders to be brought into litigation. Intervention allows a willing outsider to become a party of their own accord.Download the episode (21:16) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #1: Introduction to Criminal Law In this episode we will get an overview of what we will be examining in Criminal Law. The Model Penal Code, presumption of innocence, proof beyond a reasonable doubt, and justifications for punishment will be discussed.Download the episode (23:55) Listen | Listen in your iPhone | Download | View full cache | Visit Website News and Views #10: Homosexuality Perhaps the most contentious issue of our day is the debate over homosexuality. In this shortened version of the original episode, I will look solely at the legal issues concerning homosexuality. (Note: this is a companion episode to Constitutional Law I #41: Sexual Orientation.) Download the episode (18:53) Note: I originally recorded a much longer version of this episode that dealt with the spiritual questions regarding homosexuality. I removed that episode from default availability ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Property Law #0: Property Law Overview This episode is an overview of some of the material we will be covering in Property Law.Download the episode (1:22) Listen | Listen in your iPhone | Download | View full cache | Visit Website Criminal Law #0: CrimLaw Overview This episode is an overview of some of the material we will be covering in Criminal Law.Download the episode (1:03) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law II #0: ConLaw II Overview This episode is an overview of some of the material we will be covering in Constitutional Law II.Download the episode (0:58) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure II #0: CivPro II Overview This episode is an overview of some of the material we will be covering in Civil Procedure II.Download the episode (0:54) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #55: Closing Out In this episode I close out the course and explain what's ahead for Torts.Download the episode (3:07) Listen | Listen in your iPhone | Download | View full cache | Visit Website Contracts #40: Closing Out In this episode I close out the course and explain what's ahead for Contracts.Download the episode (1:42) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law I #42: Closing Out In this episode I close out the course and explain what's ahead for Constitutional Law.Download the episode (2:34) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure I #39: Closing Out In this episode I close out the course and explain what's ahead for Civil Procedure.Download the episode (2:12) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #54: Defenses to Intentional Torts Just because you have committed an intentional tort doesn't mean that you are going to be found liable. There are several affirmative defenses to an intentional tort, and we will look at consent and self-defense / defense of property.Download the episode (18:57) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #53: Trespass to Land or Chattels / Conversion Trespass to land is entering onto someone's property without permission. Trespass to chattels is temporary or partial interference with someone's ownership of movable property. Conversion is the complete interference or destruction of movable property. We will look at these torts with specific cases.Download the episode (15:51) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #52: Intentional Infliction of Emotional Distress Intentional infliction of emotional distress is a relatively new tort. Springing about from assault, it allows recovery for activity that is intentional and beyond all bounds of decency.Download the episode (13:22) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #51: False Imprisonment False imprisonment is the unlawful restraint of an individual against their will. We will discuss this relatively straightforward tort in this episode.Download the episode (17:00) Listen | Listen in your iPhone | Download | View full cache | Visit Website Contracts #39: Restitution Damages and Specific Performance We finally come to our final contracts episode. Here we will look at the restitution interest, and the possible remedy of specific performance.Download the episode (17:57) Listen | Listen in your iPhone | Download | View full cache | Visit Website Contracts #38: Reliance Damages Sometimes, for reasons discussed in earlier episodes, expectation damages will not be allowable. Other times, the expected damages will be zero or negative (ie the breached contract was a losing one). In those instances reliance or restitution damages might be requested. We will examine these alternate theories of recovery in the next two episodes.Download the episode (19:44) Listen | Listen in your iPhone | Download | View full cache | Visit Website Contracts #37: Agreed Remedies The expectation damages analysis can be circumvented if the parties agree in advance what the damages for breach would be. However, these agreed remedies (or "liquidated damages") are not always allowed by courts, as they often serve as a penalty and not simply a forecast of actual damage.Download the episode (16:03) Listen | Listen in your iPhone | Download | View full cache | Visit Website Contracts #36: Mitigation We now turn to the mitigation limit on expectation damages. What must a plaintiff in a breach action do in order to mitigate damages?Download the episode (16:23) Listen | Listen in your iPhone | Download | View full cache | Visit Website Contracts #35: General and Special Damages We continue our discussion of expectation damages by looking at the foreseeability element. General and special damages will be examined and differentiated.Download the episode (17:07) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law I #41: Sexual Orientation One of the developing areas of constitutional law concerns the protection granted to sexual orientation. We will discuss in depth a case striking an "equal rights, not special rights" state constitutional amendment. Additionally, we will compare sexual orientation to existing suspect classes.Download the episode (23:53) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law I #40: Gender Discrimination III We will conclude our discussion of gender discrimination by examining military policies, legislation intended to be beneficial to women, and a case involving the unique circumstances that are pregnancy.Download the episode (26:04) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure I #38: Supplemental Jurisdiction Amount in Controversy Requirements US Code 1367 codified Owen, which required diversity requirements to be satisfied by supplemental parties in federal court solely on diversity. But what if the supplemental parties are diverse, but fail to meet the amount in controversy requirements? The Supreme Court will answer that question in this, our final Civil Procedure I episode.Download the episode (13:14) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure I #37: Impleader As we have seen in supplemental jurisdiction and joinder, the courts desire to efficiently decide multiple cases by grouping them together. Impleader will allow a defendant to bring in a party that said defendant claims will be liable for all or part of the amount won by the plaintiff.Download the episode (16:22) Listen | Listen in your iPhone | Download | View full cache | Visit Website News and Views #9: A Major Expansion I am pleased to announce a major expansion to Life of a Law Student. Life of a Law Student will be opening up the platform for other law students to record their classes, providing full support and covering all relevant expenses. No podcasting experience is necessary.Additionally, I am pleased to announce the addition of Amit Varia to the Life of a Law Student team, who will be coordinating all technical details of the project.Download the episode (11:25) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure I #36: Joinder There will often be multiple potential plaintiffs, defendants, or causes of actions arising from any given controversy. Joinder allows the courts to adjudicate all of these claims at once, in order to promote efficiency. However, not all claims or parties can be joined.Download the episode (17:23) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure I #35: Counter-Claims Why should have the plaintiff have a monopoly on accusations? Our civil system allows a defendant to level their own accusations against the plaintiff as a counter-claim.Download the episode (11:11) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure I #34: Amending the Pleadings Not every pleading (be it complaint, answer, or otherwise) is perfect. Sometimes a party will want to amend their pleading. As with everything else, we have rules that control these amendments.Download the episode (17:23) Listen | Listen in your iPhone | Download | View full cache | Visit Website Civil Procedure I #33: The Defendant Responds The plaintiff is not the only one who gets to send paperwork flying in a civil dispute. A defendant has a chance to file an answer to the complaint. However, there a number of rules that govern the answer, which we will discuss in this episode.Download the episode (12:46) Listen | Listen in your iPhone | Download | View full cache | Visit Website Contracts #34: Expectation Damages I We now examine one of the most frequent ways of determining damages:the expectations of the injured party. We will discuss and apply the expectation damages calculation formulated by the famous Prof.Farnesworth.Download the episode (22:13) Listen | Listen in your iPhone | Download | View full cache | Visit Website Contracts #33: Express Conditions Express conditions are a way for the parties to structure which duties come due when. Oftentimes the non-occurence of an express condition will prevent a contract from even being formed in the first place. We will also contrast express conditions with contractual duties, inasmuch as the doctrine of substantial performance is concerned.Download the episode (20:23) Listen | Listen in your iPhone | Download | View full cache | Visit Website Contracts #32: Changed Circumstances Change happens. Sometimes, that change is sufficient for a court to release one party to a contract from their duties. We will examine frustration, impracticability, and impossibility in this episode.Download the episode (21:20) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law I #39: Gender Discrimination II Race and sex are similar in many respects, yet are different in other respects. We will compare and contrast the two protected statuses, then walk through a recent Supreme Court case concerning the Virginia Military Institute. That case will solidify (and possibly heighten) the quasi-suspect / intermediate standard of review.Download the episode (22:58) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law I #38: Gender Discrimination I We now transition from race to gender. We will begin by looking at the history and intent of the 14th Amendment as it relates to gender. We will then examine the beginning of a heightened standard of review in regards to gender discrimination.Download the episode (13:16) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law I #37: Affirmative Action II We now return to Grutter v. Bollinger, the University of Michigan Law School affirmative action case. (Please see News and Views #3 [LINK] for additional treatment of the case.) Along the way we will discuss formal vs. substantive equality, as well as group rights vs.individual rights.Download the episode (18:29) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law I #36: Affirmative Action I We now begin our discussion of affirmative action. We will discuss the differences between policy and law, remedial measures, and a Supreme Court case that attempts to harmonize the 5th and 14th Amendments.Download the episode (16:05) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law I #35: Race-Based Regulation II We continue our discussion of race-based regulation. A statute banning inter-racial marriage will be struck, a race-preferring custody law will meet a similar fate, while a facially neutral test with disproportionate effects will survive. Note that the first two cases have significant applicability to the current debates regarding homosexuality.Download the episode (17:58) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law I #34: Race-Based Regulation I We will begin our discussion of strict scrutiny-inducing race-based regulation by looking at cases that did not have the benefit of the contemporary formulation of the same. White-only juries will be struck, while Japanese-American detentions will be upheld.Download the episode (15:29) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law I #33: Rational Basis Review We now begin our in-depth examination of equal protection under the 14th Amendment. There are three standards currently employed by the Supreme Court, and rational basis review is the most lenient of these standards.Download the episode (24:08) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #50: Assault Assault is distinct from battery, as the former does not require physical contact. We'll look at some cases to familiarize ourselves with the elements of a civil assault.Download the episode (14:19) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #49: Battery Battery is perhaps the simplest intentional tort, but still has its share of complexity. We will discuss the elements of battery, the distinction between single intent and dual intent requirements, and how mentally ill defendants are treated in regards to battery.Download the episode (24:36) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #48: Introduction to Intentional Torts We now move from negligence to the study of intentional torts. These intentional torts make up approximately 5% of tort actions today, and comprise assault, battery, false imprisonment, trespass to land, and trespass to chattels. We will also discuss the concept of transferred intent.Download the episode (11:02) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #47: Statute of Limitations A statute of limitations (and its cousin the statute of repose) serve to put a time limit on when a tort action can be brought. Once the statute of limitations has passed, the merits of an individual lawsuit become irrelevant.Download the episode (15:08) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #46: Privileges and Immunities Certain types of actors are granted legal immunity from torts. For example, children generally cannot sue their parents, and sovereign immunity is often used by the state. We will examine these privileges and immunities, and see how they have evolved over the years.Download the episode (12:01) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #45: Defenses Just because a defendant has fulfilled the black-letter law elements of the tort doesn't mean that they will have to pay out. Assumption of the risk and the open and obvious doctrine can provide relief to such a defendant.Download the episode (23:04) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #44: Comparative Negligence The historic common law rule was that any negligence on the part of the plaintiff will operate as an absolute bar to recovery. This was the doctrine of contributory negligence. That rule has given way to the more forgiving doctrine of comparative negligence.Download the episode (14:41) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #43: Landlords and Tenants II We continue to see the landlord-tenant relationship evolve. A pair of Ohio cases once again show the softening of deference, and a DC case will concern itself with landlord liability for foreseeable criminal acts.Download the episode (14:45) Listen | Listen in your iPhone | Download | View full cache | Visit Website Torts #42: Landlords and Tenants I The common law has historically given great deference to landlords in relation to injuries sustained by their tenants. We will see that deference highlighted in the first case, and see the deference be questioned by the second case.Download the episode (11:50) Listen | Listen in your iPhone | Download | View full cache | Visit Website Contracts #31: Breach III We will briefly examine constructive conditions before transitioning onto repudiation. We'll determine what remedies are available to someone who reasonably believes that the other party is about to breach (ie anticipatory repudiation). This episode will conclude our discussion of breach.Download the episode (19:12) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law I #32: Enforcing Brown It is one thing to hand down a Supreme Court opinion. It is quite another thing to have that opinion enforced. We will look at Brown II and a string of other cases showing the multi-decade struggle that was educational integration.Download the episode (24:42) Listen | Listen in your iPhone | Download | View full cache | Visit Website Constitutional Law I #31: Brown v. Topeka Board of Education After six decades Plessy falls by the Supreme Court banning separate but equal education. What was the rationale and environment that created Brown, and did it actually overrule Plessy?Download the episode (18:03) Listen | Listen in your iPhone | Download | View full cache | Visit Website Contracts #30: Breach II What is the difference between a material breach and an immaterial breach? Once we have a material breach, what's the difference between a partial breach and a total one? We'll attempt to illuminate the subject in this episode.Download the episode (14:20) Listen | Listen in your iPhone | Download | View full cache | Visit Website Contracts #29: Breach I Studying contracts can get much more exciting when a party breaches their contract. We'll examine what a breach is, and see how the doctrine of substantial performance can apply to immaterial breaches.Download the episode (17:24) Listen | Listen in your iPhone | Download | View full cache | Visit Website