Wednesday, May 5, 2010

"The Force is with you, young Skywalker. But you are not a Jedi, yet."

Exams are done for this spring semester. I have to wait for my grades, but otherwise two years of law school are in the books.

My experience at Florida State Law has prepared me well, and I am now ready to begin work as a lawyer- sort of.

I have complete confidence in my abilities to start tomorrow as a personal injury attorney. Of course, I won't be an expert in the field, but there is not much more that another year of law school will do to help me prepare for that job. One of the courses offered in the spring is "Complex Civil Litigation," and that will be my number one draft pick for classes next year. A class in "Remedies" would also be helpful, but otherwise I just need to get into the fray and learn my way.

I am also ready to dive into work as an insurance defense attorney. This job is often the other side of the battle in personal injury cases. My insurance law class taught me a lot this year, and now it is time for me to apply that knowledge in a practical manner.

These are the only two areas where I can say that I am "good to go," though. As of the end of two years of law school, I am not qualified to do corporation law, nor criminal law, nor wills and estates, nor employment law. I have had absolutely no exposure to family law or tax law.

Many of these subjects are tested on the Florida Bar Exam. So next year, my final year of law school, will be devoted to learning these subjects better.

Law school is fun for me, but I now understand better the phrase: "The first year of law school, they scare you to death. The second year, they work you to death. The third year, they bore you to death." School has never bored me, but I am somewhat anxious to be done for one reason only- I am ready to start making money again.

Filling out FAFSAs (the federal application for financial student aid), going further into debt, and living the economical lifestyle of the cash-strapped student is getting a little old. I'm ready to swing out some, go out a little more and not worry so much about finances. I have heeded well another phrase about law school: "If you live like a lawyer when you are a student, you will live like a student when you become a lawyer."

But I can not complain. Life in Tallahassee is good. The weather is warm, and tonight I will celebrate the end of exams with my friends. I am a happy person, much happier than most people in this world. I have enough experience to know that when you are in a place that makes you happy, you should not be in such a big rush to change it.

Until Next Time,

Nathan Marshburn

Friday, April 9, 2010

Justice Scalia

Yesterday, a true giant of the legal community paid a visit to Florida State Law.

Supreme Court Justice Antonin Scalia spoke to a standing room only audience of law students, professors, and prominent judges and attorneys from Tallahassee.

It was an impressive and memorable event. Though constitutional law is probably right behind business law as being my most challenging subject, I knew enough before I ever came to law school to realize the importance of the figure on stage only forty feet away from me.

It seemed that the hardest thing for Justice Scalia to do yesterday during his appearance was to actually walk across the stage. He moved more stiffly than I expected, and his eyes appeared a little cloudy as he sat in a chair awaiting his introduction to us. He seemed much older than the person I have watched on C-Span, 60 Minutes and YouTube. Age is catching up to him, I thought. But he had me fooled.

As soon as he took his place behind the podium, he became 20 years younger. His eyes lost their hazy opaqueness, and his clear and persuasive voice rang out familiarly over the audience. This was the Justice Scalia I expected, and I could easily match his voice with the opinions and dissents by him that I have read in my property, criminal law, criminal procedure, and constitutional law classes. It was a bit exhilarating to think that at the podium just ahead of me was the embodiment and origin of many ideas and expression that have changed the law of the country.

It also amused me to watch some of my colleagues. They were truly in awe of the man, and their facial expressions and enthusiasm reminded me at times of fans I had seen at rock concerts. But this was not a typical audience interested only in being entertained. The people listening to Justice Scalia already knew him in many ways, even if they had never seen him in person before. The people sitting around me were highly intelligent and trained in the law. I could feel them analyzing Justice Scalia's words in the context of everything they had read by him and by other Supreme Court Justices in argument against his ideas.

Of course, Justice Scalia knew his audience, too, and with almost no preamble launched into a discourse on originalism.

Despite what one might think of Justice Scalia's conservative views, I find it difficult to argue with his legal reasoning. I am not the person to properly advocate for an originalist view of the Constitution, but Justice Scalia largely convinced me yesterday that an originalist interpretation is more protective of freedom, more flexible, and more democratic than seeing the Constitution as a "living document." An originalist, by contrast to the "living document" ideology, views the Constitution as an enduring document, and interprets the language as the original framers would have done.

He insightfully noted that people used to say, "There ought to be a law..." when they found something annoying, such as playing a boom box in a public park. People do not say that anymore, though. Instead, if something deeply offends them, they say, "It's unconstitutional."

Justice Scalia effectively pointed out the danger of this shift, of having the Supreme Court treat the Constitution as a living document, capable of changing with the whims of society. When the Supreme Court rules that a law is unconstitutional, it removes that law from democratic debate. Take the example of abortion. Because the Supreme Court has ruled on the matter, it is now largely outside the sphere of Congress. This is less democratic, Justice Scalia argued. Justice Scalia said the better way to affect change in our society is through Congress. Convince your fellow citizens to persuade Congress to pass a law or repeal a law if an issue is important enough to you. Congress has its finger on the pulse of the people, not the Supreme Court. Congress also has more freedom to repeal a law that has fallen out of favor. When the Supreme Court rules on a matter, this is more permanent. It would take the Court overruling its previous decision or a constitutional amendment to undo its decision. Justice Scalia also brought up a couple of cases where treating the Constitution as a living document cut both ways, against liberals and against conservatives.

Though there are some problems with an originalist view, again, I am not the person to take them on here.

Justice Scalia's admitted purpose in visiting our law school was to get law school students to think about "Originalism" versus "The Living Constitution" and the effects it has and will have on our society for years to come. His visit yesterday was a real treat and an event I will probably remember for the rest of my life. It was not lost on me how fortunate I am to be a student here and to have these opportunities.

Until Next Time,

Nathan Marshburn

Sunday, March 28, 2010

When Fla. Stat. Annotated Becomes Blurry

Yesterday, the weather was fantastic, with a high near 80 degrees and plenty of sunshine. Yet I still managed to force myself into the law school library to study.

Once there, I went to a relatively empty part of the library and sat down close to a cute girl whom I know. She too had lots of school work to get done.

When I study, I have a habit of looking up frequently, just for the purpose of refocusing my eyes. Usually, I look up from my book and simply stare at a far wall or out a window for a few seconds. I did not realize, though, that every time I looked up on this day I was actually staring at the girl. After about 15 minutes of this, she finally looked back at me with a puzzled expression. It immediately dawned on me what I had been doing.

I apologized to her and explained my trick for refocusing my eyes. I also told her that my eyes must subconsciously go to her, as she is much prettier than a wall or what I can see out the windows of the law school library. She smiled when I told her this.

She also told me the same thing happens to her. The book cases in the library have signs that stick out, identifying various collections. She pointed down one of the aisles.

"You see that sign?" she asked.

I did. It read "Fla. Stat. Annotated," which stands for the annotated version of the Florida Statutes.

"When that sign becomes blurry, I know that I've been reading too long," she said.

We continued studying quietly, though now I made a conscious effort not to look at her when I raised my head from my book.

But after another 20 minutes or so, she suddenly closed her laptop computer and announced, "This is too depressing. I've got to get out of here."

It felt a little like a needle going into my chest, that she would think sitting close to me and studying was "depressing," but I quickly recovered. I could not blame her. The weather was gorgeous outside. I did not want to be studying myself.

After she left, I spent another half-hour in the library. I looked out the windows and saw how bright it was outside. I then looked down the aisle at the tag marked "Fla. Stat. Annotated." I imagined that it was beginning to become blurry, and I took that as my excuse to get outside.

I do not regret the decision. After simply walking around the campus for a while, enjoying the warm day, I went with some friends from the law school to the old intramural fields to hit and field some softball. After an hour or so of that, I watched the second half of a women's lacrosse match between FSU and Miami on the fields. The 'Noles trounced the 'Canes, and I got to watch a beautiful sunset during the match.

The view of Tallahassee from the old intramural fields is surprisingly impressive. To the east, you look all the way down St. Augustine Street. The Executive Building where the governor works is clearly visible, including most of the other tall buildings of the city. The setting sun changes the color of these buildings from how they appear during the day.

To the northwest is Doak Campbell football stadium and the baseball stadium. The sun setting behind both of these structures is also a striking image.

To the south is a picturesque postcard of what "The South" looks like in many places: "Bob's Body Shop", a garage garnet and gold in color, sets across from the fields with a huge Seminole logo on the front wall. Behind the body shop and set against the sky is an old grain silo with "USA" painted in red, white and blue on top.

After the sun went down, I walked over to the baseball stadium to catch the last four innings of FSU's game against Maryland, which the Seminoles won 12-5.

Yesterday was a great day to be outside, and I did enjoy being outside for much of it.

Today, though (and after taking time to write this blog), I must remember why I am in law school and focus on getting some studying done.

Until Next Time,

Nathan Marshburn

Monday, March 22, 2010

A Thank You to Our Political Leaders

Last night, the House of Representative passed the Patient Protection and Affordable Health Care Act.

It appears as though President Obama's health care reform plan is going to become law.

This is a great moment in American History. This Act is the most important piece of domestic legislation to pass Congress in my lifetime. In my humble opinion, our leaders who drafted it and passed it have put forth one of the most courageous efforts in the annals of American politics.

I thank Representative Allen Boyd of the 2nd District of Florida for his vote.

I thank Senator Bill Nelson of Florida for his vote in December and for his efforts in the push.

I thank House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid for their tireless efforts against incredible odds to make this change happen.

Most of all, I thank President Barrack Obama. He promised this sort of change in his campaign in 2008. To use his own words from this morning: "This is what change looks like."

This is a victory for all Americans. It is a huge step toward giving affordable health care access to all citizens. Because of this legislation, we may one day soon be able say that no one dies in America because they can not afford health care, and no one goes broke in America just because they get sick.

To the leaders mentioned above, you have certainly earned my support for the next election. Most probably, you have earned my support for the rest of your political careers.

Thank you.

Nathan Marshburn

Saturday, March 13, 2010

Seasoned

I will remember Spring Break 2010 as the week I spent hammering out the rough draft of my upper level writing requirement, over 30 pages worth of text and footnotes. This paper marks the first time in my life that I have composed a work of this length or importance without first writing out my thoughts by hand. I hope my professor likes the result. My eyeballs still feel like they are bouncing around inside my skull from staring at my laptop screen so much this week. It took me three tries over three days before I regained the equilibrium to sit down and type this blog entry.

The students on law review here would have no sympathy for me, I'm sure. They have to write at least two papers, one for the graduation requirement and a different one for the law review. In addition, they are constantly editing the footnotes and text of articles submitted by scholars for publication in our law review. While it is a great honor to be on law review, I do not know if I would be happy having to do that sort of work all the time, even if I did qualify for the job- but more power to them. . .

We had a patch of warm weather earlier this week- finally a taste of spring from the (unusually cold, as the natives tell me) Panhandle winter. The warm air on my short sleeved arms, the sight of flowers in bloom, bees flying around, and the smell of the green plants reminded me of where I was this time two years ago.

Two years ago, spring was also starting in Cullowhee, NC. I was a graduate student at Western Carolina University, trying to decide what to do with my future. By mid-March I had already made up my mind that I was going to law school in the fall, I just did not know where, yet. Having been accepted to three or four schools, I became comfortable with a choice in my home state of North Carolina.

Then the acceptance to Florida State Law came through. Interestingly enough, I did not learn that I had been accepted via a letter in the mail. Rather, I received a cryptic email from the Student Affairs Office at Florida State Law encouraging me to complete a scholarship application for admitted students. I immediately called the Admissions Office and told the nice lady on the phone about the email. She checked the computer system and confirmed that I had indeed been accepted. The official letter was probably already in the mail, she said. I thanked her very much.

The next phone call was to my parents. I remember standing on the breezeway outside Hunter Library, feeling the warm sunlight on my arms as I made the call. They did not answer, so I left a message saying that I had been accepted to Florida State, and that this school just might knock off my first choice in North Carolina. I wanted them to call me back with their opinion.

That evening, I got back in touch with my parents, and I had a nice conversation with them again while I stood on the breezeway outside the library. It was a good moment, talking to my parents about a significant accomplishment, discussing options that were only great ones.

My parents, much like myself, were anti-debt in their views on where I should attend school. The cost of out-of-state tuition at Florida State Law bothered me and was the only reason I would choose not to go there. To my surprise, without much hesitation both my parents told me to go to Florida State- “but only if you are sure you want to be a lawyer,” they said.

At that time, I was not absolutely sure I wanted to be a lawyer, and I spent the next weeks talking to over 50 people about where I should go to law school. Less debt meant that I was not locking myself into a legal career, and the school in North Carolina had offered me a scholarship package where I could graduate with no debt.

Ultimately, of course, I decided to go to Florida State. I do not regret the decision at all. That spring and summer prior to enrolling, I tried to imagine what it would be like. I looked at maps of Tallahassee and saw Jefferson Street, where the law school is located. I looked at pictures of the students and professors on the web site. I did not have time to make a personal trip to the school, and I actually showed up in Tallahassee only the weekend before classes began.

But I’ve been in Tallahassee ever since. I like it here, and with the warm weather this week it occurred to me that I am now a “seasoned” law school student. Two years ago at this time I was imagining what my life would be like in two years, if I would be enjoying law school and if it would change me significantly. The answer to the first question is yes, I am enjoying law school. As for the second question, law school has changed me somewhat, though not in a major way. At this point I feel like law school is giving me a new and practical body of knowledge to use in this world. It has also given me a new lens with which to view the world- though by no means do I feel like I must wear that lens all the time.

Two years ago I was trying to imagine some of the things I would be doing in law school. Specifically, the answer right now is: Taking the Multi-state Professional Responsibility Exam as part of being admitted to the Florida Bar, and working on a 30 page paper to meet a requirement for graduation. I am a seasoned law school student.

Universal Health Care Now,

Nathan Marshburn

Sunday, February 28, 2010

The Best Moot Court Program in the Country

Law schools acquire reputations for success in various areas. Overall, it seems that Harvard and Yale take turns holding the top ranking in "U.S. News and World Report." That same magazine ranks the Vermont Law School as having the best environmental law program, and top-law-schools.com says UCLA has perhaps the best entertainment law program.

Rankings are subjective and change based on the weight given to various factors. There is little doubt, however, that Florida State University College of Law has the best Moot Court Program in the country for 2010.

The Moot Court team has gone on a run of amazing success. Many of my friends are winning national championships, and I hope they do not mind me bragging on them here (If they see this blog entry but do not want their name returning a Google hit, they can Facebook me and I'll take it down).

The Moot Court team has won four national competitions in 2010:

Steven Muscatello and Ana Barton won a Religious Freedom Law Competition in Washington, DC, beating Duke Law school in the final round.

Mike Redondo and Andrew Grogan won a National Security Law Competition in Washington, DC, beating Cornell in the final round. James Woolsey, former CIA Director, sat as a judge on the panel for the final round.

This weekend, Jennifer Gutai, Rebecca Swindull and Lauren Davis won a Family Law competition in Albany, NY.

Also this weekend, Tiffany Roddenberry and Yordanka Nedyalkova won a Civil Rights Law Competition in Washington, DC. Yordanka won best oralist, Tiffany got second best oralist and their brief placed second for the Best Brief Award.

Rounding out this weekend, Thomas Philpot and Holly Griffin were finalists at a Constitutional Law competition in Chapel Hill, NC.

Earlier this semester, Emily Whelchel and Patrick Bennett made the semifinals of a Constitutional Law competition in Charleston, SC. They also won the Best Brief Award at this competition.

I venture to say that no other law school in the country can match the success that the FSU Moot Court Team has enjoyed this year. They are a clear #1. The trophy case is overflowing.

I am only an outsider looking in at our program, so I can't say what the secret is for their success besides bright students and hard work. I know that Professor Nat Stern puts in a lot of time to get these students ready for competition, and I've seen the students first hand at the law school library struggling over their briefs and working out their arguments.

Tryouts for the team are in April. Tryouts were a great experience for me last year, though I did not make the team. Obviously, they picked a good group. I encourage all the first year students to give it a go and see if you have what it takes to join the best Moot Court Program in the nation.

Check out the public radio news report on the team at http://www.fsu.com/Radio-News/Florida-State-moot-court-team-sweeping-national-stage

-Nathan Marshburn

Friday, February 12, 2010

The Benefits of Making the Mock Trial Team

Next week, the FSU College of Law Mock Trial Team will hold its annual tryouts. The Mock Trial Team is one of what I call the "Big Three" extracurricular activities a student may do while in law school. The other two are Law Review and the Moot Court Team. Being asked to join any of these three groups is a big deal and a significant boost to your resume.

Law Review and the Moot Court Team are somewhat more prestigious than the Mock Trial Team, at least at Florida State Law, but I would argue that the Mock Trial Team is the most practical organization to join in terms of helping you develop skills that you will actually use in practice.

While Moot Court prepares you well for appellate law, this is a relatively small niche. Very few lawyers actually end up doing appeals work.

Mock Trial, on the other hand, prepares you to successfully conduct trials, and there are more job opportunities for trial work (litigation) than most areas of law.

I made the Mock Trial Team in January of last year. From my personal experiences, I can say that being on the team has helped me with my confidence in public speaking and in developing my abilities to persuade others in a courtroom setting. I've gotten great practice in questioning witnesses who will not cooperate and give me the answers I expect, and I've improved my ability to recognize when to object to another lawyer's technique or strategy in the courtroom. This experience has given me a leg up over other students who will be put in a trial setting for the first time in their lives only after they have graduated from law school.

The Mock Trial Team also affords you the opportunity to meet established litigators and judges in the legal community. These individuals come to the law school to coach our team and provide instruction to us on what techniques they believe are effective. They also serve as possible references and employers for you.

As a member of the Mock Trial Team, when I graduate I will have the confidence to walk into any litigation firm in Florida, no matter how large, with a copy of my resume and say, "Hello, my name is Nathan Marshburn. I am a graduate of Florida State Law, and I want to work for you."

I hope by the time that I graduate, I will have the ability to listen to anyone on the street about their possible legal case, make a good decision about whether or not to take the case, and then be able to move the case from start to finish in a trial with a successful outcome. This goal is still a work in progress, and in all likelihood I will need substantial real world experience to reach this level of competency. My work with the Mock Trial Team, however, has moved me toward that goal at a much faster rate.

Even if you do not want to practice in a courtroom, the Mock Trial Team eliminates the fear of other litigators. You learn what we are about, what goes on in a courtroom, and what we can and can't do in front of a jury. So, when the other side threatens to go to trial, there is not so much of the unknown involved. You can make a better business decision for your client.

There are few negatives associated with trying out for the Mock Trial Team. Even if you do not make the team (and most students will not), it is a great challenge and public speaking experience. I encourage all law school students to give this organization a shot.

Universal Health Care Now,

Nathan Marshburn