The Official WVU Law Student Blog

The Women’s Leadership Council is having a Breakfast Bake Sale on Tuesday, April 30th.

Whether you’re stuck at the law school studying all night long, Or forgot to eat breakfast before your final, Or just stressed and need some baked goods . . .

Stop by the “Break ‘Fast’ & Dash” Breakfast Bake Sale on the second day of Finals for a quick breakfast or study break snack. The WLC will have coffee, juice, bagels, doughnuts, muffins and more for your Final Exam survival needs!

The table will be set up in the lobby from 8AM to 1PM.

Good luck on Finals and don’t forget to refuel!

Our very own 3Ls Daniel Kirkland and Shannon Kiser will be arguing before the West Virginia Supreme Court today. The case will be argued as the fifth case on the docket for April 17.

If you would like to listen in, there are two ways to hear oral arguments before the state’s highest court:
1) By listening over the call-in line (304-558-1313), or
2) By watching and listening via this webcast. “(see button for “Argument Webcast on this page).

The case involves the legal question of whether hyphenating a child’s last name should be held to the same burden as a full name-change. Mr. Kirkland and Mr. Kiser are representing that, at this time, the burden is the same, as the current law in West Virginia treats a regular name change no differently than a hyphenated one. The majority of states agree at this point in time, finding that the non-moving parent has a protectable interest in the name given the child at birth.

First, A DISCLAIMER. This article is my own personal curious analysis which I undertook on my own, and does not represent any viewpoint by the WVU College of Law or the ABA. Although I am blogging on the “WVU College of Law Student Blog”...it is exactly that, a student blog.

Now then,

After I read this sobering article in The Atlantic I wanted to see for myself how the outlook at WVU Law was as far as employment rate. The gold standard implied in this article meant law grads who were employed in a job that 1) required bar passage; 2) was full time; and 3) was long term. If you’re curious to find a more nuanced definition of what this means you should consider working in legal career services, but also see the “2013 Questionnaire directions/instructions” on the ABA Job Report website.

Based on this full-time, bar passage, long-term “gold standard” of employment, I ranked the law schools by their percentage graduates employed to this standard. The top 30 results are listed here.

A full ranking by these calculations of all reporting law schools can be found here.

A couple of things to point out. I don’t think employment rate is the end-all-be-all of what makes a good law school. From a purely economic standpoint, I think this ranking seems to reflect a very one dimensional view of each law school graduate’s outlook (financial or otherwise). Don’t get me wrong, full-time, long-term, bar passage employment is the highest standard measured by the ABA in this study. But, as is often the case in the legal field, there are a variety of factors which are applied in different ways depending on each (graduate’s) factual circumstance.

A more robust financial analysis would perhaps include factors such as:
– Average starting salary of the employed graduates indexed against cost of living where these graduates found work; and/or
– Cost of tuition and living expenses while in law school.
Furthermore, a simple employment rate calculation says nothing of each school’s graduates’ ability to find work in either a specific field of law or a specific geographic location.

All that aside, I shouldn’t equivocate my way completely out of good news. Now matter how you slice it, I am quite pleased with the bottom-line here: In 2012, WVU Law had one of the very best employment rates for meaningful legal work in the country. As a prospective graduate of the Class of 2013, you can bet that this is a statistic I hope to maintain!

Zachary | March 21st, 2013
We are 5 school days away from Spring Break and the anticipation and longing for that ‘week off’ goes a little something like this:

I feel that way at least?

Spring break this year is at least one or two weeks later, so the one concern I’m having is that as soon as we get back, there will seem to be less time before the end of the year. I won’t mention all the things that I’ve been putting off until then, honestly the least of which is thinking about finals. As a 3L who never took a year between undergrad and law school, I have been a student now for at least 19 years and an academic test doesn’t scare me like it used to.

More pressing on my mind is the whole bar exam and job situation.

The above picture is probably an exaggeration, however, one thing that always sets me at ease is when I find fellow classmates who I regard as particularly smart and capable, also still searching for the same answers I am. Generally, I don’t think we are concerned with finding work, but the more pressing concern that takes up so much time is finding the work that is right for us; this is a task that takes considerably more time. So to each of you who is fighting along with me to find work at the perfect place for you, fight on!

The WVU Clinical program is where it’s at. It’s the meat and potatoes of that little thing called “practical experience” and you can gain it during law school and get gobs of credit hours for it. I don’t know if the Clinical Program has sufficiently trumpeted its own successes, but considering it recently received national recognition for being awesome it’s something that you might want to get on your resume.

But which clinic is right for me?
Disclaimer: (the info contained here is second hand hearsay from my friends and personal experience…listen to what they tell you in the meeting and look at course listings; this is anecdotal at best)

General Clinic – (7 credit hours a semester)

General Clinic – Civil Cases – General clinic encompasses not only general clients, but also several specialty divisions listed out below. Work will involve filing briefs, summay judgement motions, may require presenting at hearings, guardian ad litem filings, and many other of a broad brush of work. People who make it through this clinic are valuable starting DAY ONE after graduation because they will be able to perform the bread and butter of many of the cases that firms in the area get on a daily basis (i.e. very hireable). It is a huge time commitment however, but rewards you with a complete 7 hours per semester of work. Below are a few other categories under the general clinic umbrella:

General Clinic: Child and Family Advocacy -The Child and Family Advocacy Clinic at the WVU College of Law can assist children and families with limited income who need free legal assistance in civil matters. This one is extremely hands on and lets students make a real impact in almost every case they work with. Great if you want experience and to make a difference in people’s lives.

General Clinic: Innocence Project – This one is new to WV, but is very exciting as it is growing rapidly and is a project that has a national presence. The work they do is dedicated to post-conviction litigation and policy reform and student work with faculty to investigate potential cases and provide legal services to those with meritorious claims of innocence. Policy-wise they work towards providing legislative safeguards designed to ensure that the wrong individuals are not convicted based on mistaken eyewitness identification of flawed forensic techniques.

General Clinic: Immigration – This clinic puts WVU on the map in an unexpected way…although WVU is not an immigration hub, we have been growing in renown for our international work. This is in no small part to the immigration clinic which makes headlines with the cases it’s students take on due to the high stakes of it’s clients who are facing deportation, asylum, and other immigration proceedings.

General Clinic: Low Income Taxpayer – This one is a bit smaller do to its specialized nature but can provide special experience to those in the field. Students work here to resolve their tax controversy with the Internal Revenue Service (IRS). A bit obvious from the title, but still a great way to gain hands on experience and get a bunch of hours.

General Clinic: Veterans’ Assistance Project – The Veterans Assistance Project is one of a kind in the country in that we are officially affiliated with the Veteran’s Assistance Hospital in order to provide services to Veterans. This co-op further allows students to provides civil legal services to veterans in family law (including violence protection, custody, support, divorce and adoption), social security and other public benefits, property issues, and consumer debt relief.

Specialty Clinics

Entrepreneurship Law Clinic – (9 credit hours over 2 semesters || 4 hours first semester/5 the second) This is the clinic I’ve been involved in. It’s basically a non-litigation business based clinic that focuses on issues with small business issues. This includes trademark and copyright work, nonprofit formation, company formation (ex. entity selection, drafting articles of incorporation), and business contract drafting.

U.S. Supreme Court – (4 credits per semester) – Very cool clinic that draft briefs/amicus for clients and help prep attorneys arguing cases to the supreme court. From what I’ve seen this clinic really beefs up your appellate writing skills and familiarizes yourself with the appeals process. This year they also took a trip to DC to observe one of the cases

Use and Sustainable Development – (4 credits per semester) – This clinic is exploding with growth as WVU continues to emerge as a leader in energy law and environmental issues in the country. Students will attend and participate in client interviews, negotiations, and public meetings dealing with land and conservation issues directly involved in energy practice.

With 22 competitors from across the country, WVU Law’s Moot Court Board is sure to pull out all the stops this St. Patrick’s weekend.

I can personally vouch for the quality of the red carpet we at WVU roll out for this event. I was lucky enough to help baliff last year, and although I was bewildered by being thrown into my bailiff-ing job last minute, it gives me an opportunity to compare our competition to several other moot court competitions I was able to compete in this year.

Some competitions, which shall remain unnamed, while professional during rounds, were not especially welcoming to it’s participants – hospitality would reach no further than a few packs of crackers one afternoon. The competition had no central gathering for networking or meet and greet with the other competitors, save for a last minute announcement of winners.

Compare this to the the upcoming WVU Energy Moot Court Competition where there are at least three full receptions one of which is sure include a pretty decent dinner and a chance to get dressed up and work a room full of not only competitors, but judges and industry professionals. Maybe I’m being a little to shallow (or at least food-centric) in my critique, but I’m particularly proud of WVU for putting it’s best foot forward for an event represents our school and state to visiting teams from around the country. If nothing else, it makes the WVU Energy Competition tons of fun to compete in.

More substantively than just how swanky the events are, the problem this year also hits close to home (despite being in the infamous 12th Circuit). Appellant, Franklin Gas Company, Inc., seeks to overturn rulings against itself. First, a ruling that found two of Franklin’s production facilities (a natural gas sweetening plant and a sour gas production well) to be a single stationary source for purposes of the permitting program under the Clean Air Act. Second, Franklin is appealing a ruling against it for violating the Migratory Bird Treaty Act for the “taking” (killing) of several migratory birds found dead at or near one of Franklin’s impoundment ponds.

For those who are interested in seeing a bit of the action, be sure to check out the final round which will take place at 2:30 on March 16th.
For additional information, check out the event’s website at the following link: http://energycomp.wvu.edu/

Really this is a post that is reminding my fellow 3L’s that the “Graduation Fair” is coming up on tomorrow in the lobby.

By ‘Fair’ though, they really mean ‘marketplace’ or ‘document double-check’ because instead of deep fried butter, funnel cake, or rides, it’s really just a chance for 3L’s to make sure you pay for your robes, fill out your NALP (employment) form, and complete your graduation questionnaire! Whether or not you think this sounds fun, it is a nice chance to get all of this taken care of at once, so set your alarm, and or remember your checkbook.

See you all there!

Law prom is back with a vengeance!
Almost $20 cheaper than last year and at a new swanky location near along Cheat lake; SBA has really pulled out all the stops this year.
Not to mention that transportation will be provided to and from the hotel for those who would rather not drive or take a cab.

So how many times will they play Justin Timberlake’s Suit & Tie? The over/under is 3. The Class of 2013 be able to protect its throne as kings and queens of the dance floor? The night is one to look forward to, and can be seen as the beginning of the end for the departing 3Ls.

PS. To answer a FAQ, when they say formal that means that tuxes are acceptable, however not by any means required or the norm. I plan on wearing a suit and wore one during my 1L year, however, if someone wore a tux, they wouldn’t be too out of place.

The annual PIA auction is almost upon us and in my three years at this law school, I have never seen such a large selection of items.

For a complete listing of items available please see all of the placards in the lobby of the law school.

A few items I found interesting items with faculty and staff members include:

• Dancing Lessons with Tu

• Pie in the face – both Rhee and Ellis

• Yoga and Breakfast with Peck and Beety

• Hungry like the Wolfords

• Customized Caricature from by Rhee

• Pool Night with Professor Patrick (unclear if it’s billiards or swim suit type of pool; but why not both)

• Final Four NCAA Bracket Pool and wings, beverages, and game for four people with Tina and Dreama

• Bowling with Librarians

Honestly, I think that the sheer number of items up for bid will deflate a lot of the prices. If you play it right, you could probably scoop up quite a few items for far under market value. I my self have my eyes on the Final Four dinner and the yet unlisted Tanner’s Alley Bag. I’m hoping they have people bid on the Vera Bradley bag first to thin out my competition.

We’ve all heard it, in many different contexts. “Better late than never.” It might have been your mom nagging you about joining that club in high school, or your best friend pestering you about that party on Saturday night. Starting something later is often a much better solution as opposed to never attempting at all. But is “late” always better than “never”? I think not my friends . . . .

Lets look at some instances shall we?

When does “Better late than never” ring true?

1. Right now when you are contemplating really committing to that New Years resolution you set for yourself, but you think at the same time, “Well, its already February, ALMOST March!” No excuses! So what if your a little late on this one. Relatively speaking, 2 months out of 12 isn’t that bad in the grand scheme of time. So get up, go to the gym! Clean your house! Walk your dog everyday! Whatever resolution you tried to commit yourself to making a habit, do it now. Definitely “Better late than never.”

2. Being a good student. Ummmmm Duh! Do you want to make it out of law school, first of all alive, second of all with some of your dignity, self-worth, and intelligence still in tact? Yea?? Alright then! “Better late than never!” There is ONE, mind you ONLY ONE small beauty about having only a final exam grade in law school classes. Its for that class you’ve procrastinated in and said, “I really need to catch up on my reading,” or “I really need to start my outline,” or ” I really should pay attention and participate more.” Its not too late. Sit down, catch up on your reading, know what your talking about and get that CALI! (Disclaimer: This point leads to an instance where sometimes late is not better than never.” Read on for further discussion).

3. So one more example. Getting involved! What do I mean? I mean . . . getting involved, in school, in the community, your church, your family’s life, our friend’s lives, wherever you may choose! This is definitely one of those instances when “late” takes the cake. So yea, your friends and family might be upset that you “showed up to the party 5 hours late” (figuratively speaking), but work it out and be involved from then on. Go to that Community Service Council meeting you’ve been wanting to check out, no matter that its almost halfway through the semester. Its never too late to help another person out. So maybe you’ll get some slack to begin with, for showing up late, but I promise your involvement and time will be well spent and much appreciated by those around you.

Now for the “never’s” . . . Yeah sometimes you should just opt out/be on time to begin with.

1. Interviews. Really people? Really? You are going to show up late to impress someone that is possibly offering to give you a job??? Don’t be foolish! BE ON TIME! This is one of those situations where “Better late than never” kinda doesn’t even apply. Yes, technically late is better than never, but the chances of you being seriously considered for a job after you show up late to an interview are SLIM TO NONE. Moral of the story, set an alarm, look at your watch, give yourself plenty of time to get ready and get there . . . ON TIME!

2. Class attendance. (Referring to the disclaimer in #2 above). So this one is a bit tricky in that it can work both ways. First of all, let me just say, GO TO CLASS. There I said it. Ok, onwards. “Better late than never” DOES apply when you are say 10 minutes, maybe even 15 to class. Yes you may be solely on call for torture and case briefs for the remainder of class, but if you were prepared as suggested above in #2, then this is a breeze. Now as to the disclaimer previously mentioned, when “Better late than never” does NOT apply. Well that would be when you’ve missed 6 classes and your teacher only permits 3 absences or else you cannot sit for the final. Umm, looks like its a little to late here. Unless you have some extenuating circumstances that you have previously discussed with the professor, or are in the process of doing, NOW (2 months in and 6 classes missed) is not the time to start being “Pupil #1,” that time came to a screeching halt when you chose not to get out of bed at absence #4. Now don’t get me wrong, maybe the professor is willing to work with you and I’m not suggesting you can’t turn you absentee ways around. I’m saying go to class, so that you don’t end up with “never” as your only option! Failed classes do not bode well for your future young grasshopper!

By now I think you all get the drift. Sometimes “late” really is better than “never,” but most times, if not all, you should just be on time. ;-) So march on and make your mommas proud!

Until next time . . .
Meg