2015 In Review

Like most years, 2015 has been a roller coaster of ups and downs.

We had a baby (yay)

but my right ovary was removed (boo).

I graduated law school (yay)

but failed the Bar and didn't get a job (boo).

However, I've been able to stay home with Dash (YAY)

and work on projects like writing and illustrating a children's book,
starting my own Etsy shop, and
creating a family history game (yay). 

While the first few "ups" of the year were planned, the "ups" at the end of the year only came because of unplanned "downs." How grateful I am for the gospel and the knowledge that while we face adversity, God is always with us.

Rhetorically,
Rebekah

Bar Review

Has literally taken over my life.  We really haven't had much extra time to do anything since the beginning of June (hence my lack of blog posts). Here's a snapshot of what I've been doing the past two months:

We have a routine now where Matt will take Dash in the morning so I can sleep in a little more and then watch the bar review video of the day. Then Matt heads off to work on campus and I use Dash's nap time to try and do flash cards or multiple choice questions. Dash has recently decided to only power nap for 30-40 minutes at a time, which means I don't get much done (although you can see that Kaplan offers ample review materials--2290 multiple choice questions!)

And in case I'm not already mentally counting down the days to my freedom from studies:

Rhetorically,
Rebekah

Graduation

That's right, I finally graduated!! It's hard to believe I'm finally going to have to change my tag line of "musings from a law student" as well as change my profile description on the right. I started this blog when I started law school, and it's crazy to think that almost three years have gone by!

Even though I've shared some of these photos on FB and Instagram, I wanted to reshare them here as well:

the "hooding"

"hooding" continued

the "handshake"

proud mother

dad's law school photo circa 1996 

namesake of the law school

"class gift": the dedicatory prayer

the fan club 

my biggest fan

Rhetorically,

Rebekah

The Higher Law

The month of March has been swamped by my directed research writing project. I have to complete 100 hours of research and writing and have a completed draft to show my work. I decided to explore the application of "higher laws" in society. While I was originally more familiar with the higher laws that Christ explained in the Sermon on the Mount:

I chose to explore the higher laws followed by the Navajo Nation. Since I've really worked hard on my paper, I thought I'd post a portion of the introduction:

Living the Higher Law: The Navajo Nation and Civil rights

In 1945, German military leaders were tried for the atrocities they committed against the Jews during World War II. They argued that they should not be punished for obeying the laws of their country and that their “crimes against humanity” had been defined after the fact, thus making their prosecution ex post facto. Although the United States and other nations recognize the importance of obeying the laws of the land and prohibit prosecution ex post facto, they proceeded with the trial. As the lead prosecutor, Robert Jackson explained that even rulers are under God and the law.[1] He stated that international law recognizes certain principles (“the law”) that have been held to be universal, such as the Crime of Plotting and Waging Wars of Aggression, the Crime of Violating a Treaty, Crimes Against Humanity, and the Law of Individual Responsibility. “Does it take these men by surprise that murder is treated as a crime?” he asked.[2]

The laws Robert Jackson cited are what are known as “natural laws” or “higher laws.” These laws are rules of conduct “arising out of the natural relations of human beings, established by the Creator.”[3] They include principles such as honesty, temperance, humility, and cooperation. Rarely to governments hold their citizens to such high standards in all aspects of their lives--rather, they are enforced through more limited laws and ordinances. For example, most nations have enacted laws against murder. Even in ancient times, communities followed the mandate: “thou shalt not kill.”[4] However, when Christ came, he established a higher law, which encompassed the old law: “But I say unto you, that whosoever is angry with his brother without a cause shall be in danger of the judgment.”[5] While most nations will not enact laws against anger, they will enact laws restricting the expression of anger, since anger leads to willful infliction of bodily harm, i.e. assault, battery, etc.

There are few examples of nation-states enforcing higher laws outright, and the Navajo Nation is one of them. Unfortunately, the Navajo Nation has been overlooked in the discussion of higher law, as most scholars have focused on the international and Anglo-European applications of higher law. This paper will provide an introduction to higher law in Navajo culture and encourage legal scholars and legislatures to turn to the Navajo example in discussing the theory of higher law.

Since the creation of the Navajo Nation Supreme Court in 1985, Navajo justices have sought to apply Navajo higher law in the enforcement of civil rights. Over the years, the court has become increasingly confident in the application of higher laws to legal principles.[6]  In 2002, the application of such higher laws was solidified when the Navajo Nation Council (their equivalent of the Legislative branch) passed a statute recognizing the existence of Navajo higher laws and mandating that they be considered first when interpreting statutes.[7] This has led to a broadening of rights guaranteed to both Indians and non-Indians under the Navajo Nation’s jurisdiction.

Rhetorically,
Rebekah

---

[1] Robert H. Jackson, Opening Statement Before the International Military Tribunal, available at http://www.roberthjackson.org/the-man/speeches-articles/speeches/speeches-by-robert-h-jackson/opening-statement-before-the-international-military-tribunal/.

[2] Id.

[3] “What is Natural Law?” Black's Law Dictionary Free Online Legal Dictionary 2nd ed., available at http://thelawdictionary.org/natural-law/.

[4] Exodus 20:13.

[5] Matthew 5:22.

[6] Paul Spruhan, The Meaning of Due Process in the Navajo Nation, in The Indian Civil Rights Act at Forty 119, 123 (Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley, eds., 2012).

[7] Spruhan, supra note 6, at 123.

The Bar

Numerous definitions come to mind when I think of what "the bar" might mean:

• a counter across which alcoholic drinks or refreshments are served OR an establishment where alcohol and sometimes other refreshments are served 
• a long rod or rigid piece of wood, metal, or similar material, typically used as an obstruction, fastening, or weapon "an iron bar"
• an amount of food or another substance formed into a regular narrow block "a bar of chocolate" or "a bar of soap"
• a sandbank  at the mouth of a harbor, bay, or estuary "the bar across the river mouth"
• a measure of music or the time of a piece of music
• a unit of pressure equivalent to 100,000 newtons per square meter
• a partition in a courtroom or legislative assembly, beyond which most people may not pass and, in court, at which an accused person stands 
  "the prisoner at the bar"
• a professional organization of lawyers "the Utah Bar Association"
• the process of qualifying to practice law "passing the bar"

This blog post happens to be referring to the last of these definitions, "qualifying to practice law." As a student, I have to fulfill three basic qualifications to practice law in Utah: 1. Graduate from an ABA accredited law school, 2. apply for the bar, 3. pass the bar examination.

While #1 and #3 may seem to be the most daunting and time-consuming, I can assure you that #2 brings quite strong competition. The application for the Utah Bar has consumed the last week and a half of my life. With 33 detailed steps to complete online, the Bar requires information such as all permanent and temporary places I've lived for the past 10 years, all permanent and temporary jobs I've had in the past 10 years, my driving record for the past 3 years, details on my credit history, and more. I had to get 6 character reference letters from people who are not family members or fellow law students (which eliminates about 95% of the people I know). I also had to get five different documents notarized, including an FBI background check that required fingerprinting.

I think that since lawyers get such a bad rap for being dishonest, the Bar requires information on everything they can think of to try an weed out the bad ones up front. I know they've definitely raised the bar in the amount of disclosure required. Bar none, this has been the most intense application I have ever completed. The good news is, I finished it today! One more thing to check off my list...

Rhetorically,
Rebekah

What I've Been Up To

I swore I'd never be one of those bloggers that let my baby take over my blog, but...(see January). However, I thought last month's blog posts were a pretty accurate description of how my life has been. Nevertheless, I thought I'd give an update of the non-baby things I've been doing.

SCHOOL: I'm in two classes this semester- Trusts and Directed Research. I'm being lazy and including generic course descriptions below: 

• Trusts examines the legal framework of private and charitable trusts as vehicles for the donative disposition and management of personal wealth, both inter vivos and testamentary, with emphasis on the nature of the fiduciary obligations of trustees and the rights and obligations of trust grantors and beneficiaries.
• Directed Research requires that a student submit to their faculty supervisor a completed draft of a research paper or memorandum of law containing either criticism of the law relating to the topic area. I'm required to do 100 hours of work in researching and writing the paper- the area I'm focusing on is the Indian Civil Rights Act. 

BOOKS: Matt and I have been reading "Tuesdays with Morrie" this month. I've read the book before, but it's interesting reading it again because Morrie was a psychology professor, just like Matt wants to be. It's also an interesting read now that I'm married, as many of the topics in the book have new meaning now. I'm also looking forward to the sequel of "To Kill a Mockingbird"



MOVIES: We recently rewatched the 90's classic, "Cool Runnings."Here are some of my favorite quotes:

• A gold medal is a wonderful thing. But if you're not enough without one, you'll never be enough with one.
• When you need something from me, you don't have to hand me a bunch of lines. All you have to do is look at me in the eye and say, "Sanka, you are my best friend, we've been through a whole heap together, and I really, really need you."
• Feel the rhythm! Feel the rhyme! Get on up, its bobsled time! Cool Runnings!

DATES: My mom has been helping out a lot with the baby, which has given Matt and I the opportunity to get out a few times! We did sealings at the temple and I cheered Matt on during one of the Stake Basketball tournament games (he's #5).

GAMES: I've played Risk before, but it's been years, so we pulled it out this month and did the two player version. Unfortunately, Matt forgot to tell me all of the rules, so we had to have a rematch later on. 




Rhetorically,
Rebekah

Law Class Descriptions for the Non-Law Student: Part 3

They've officially started doing student ratings during class, which supposedly means I've learned enough to reflect and evaluate a class effectively. While I'm not going to post my ratings here, I would like to give a brief overview of what I've been learning about this semester.

I took a full load of 5 classes:

• Political Asylum (for more info on this class, click here) 
• Civil Rights- when I first signed up for this class, I expected it to be more about the civil rights movement. Instead, we've focused on how the Civil Rights Act created governmental accountability in various sectors: prison officials/ police officers, foster parents, school teachers, etc. 

• Employment Law- what are the laws governing job interviews, employment offers and pay, and firing procedures? I've learned a lot about them in this class, and it all boils down to laws on discrimination.

• Criminal Procedure: Adjudication- This class covers the sentencing process once someone has been arrested. For example, what is the role of the prosecutor and defense counsel? When is a judge used instead of a jury? What sentencing guidelines are there to determine the punishment? Should the death penalty remain in place?

• Plenary Power- This is the unwritten but assumed power the federal government has over areas such as immigration, native americans, international war power, and treaty making. This class was one of my favorites, as each week we were able to listen to a scholar present a work in progress in one of the areas of plenary power. 

Rhetorically,
Rebekah

*This is part of a post series. For the last post, click here. 

Stump the Professor

I wrote about advertising for Stump the Professor last year, so this year I wanted to write about what happens at the actual event. So, here were some of the best questions from the event today:

What Supreme Court Justice is known for installing an ice cream machine in the cafeteria? Justice Kagan

Who had the most influence in writing the preamble to the constitution? Gouverneur Morris

What was the cause of death of Pademe (from Star Wars)? Lost the will to live

What are the middle names of Pres. Worthen and Pres. Gordon? J and Douglas

What is the basis for measuring a meter? 1 ten-millionth of the distance from the equator to the north pole

Name two of the following: Utah's state rock, state mineral, or state gem? Coal, copper, topaz

What does the acronym FOMO stand for? Fear of missing out

Rhetorically,
Rebekah

Political Asylum

Today I had my final presentation for my political asylum class, where I gave an 8 minute oral argument arguing in favor of an alien receiving political asylum.

This has been one of my favorite classes this semester, mostly because we have a professor who is a former immigration judge and who gives us practical advice and practice. Even though I have had experience with asylum through my various internships, I have learned so much by being able to study the topic in depth this semester. I now feel confident that I can analyze an asylum claim to determine whether or not it has a chance in court, and then advise a client accordingly. I can't wait to be an attorney when I can do this for real!

Rhetorically,
Rebekah

Law School FAQs Part 2

1. Why did you pick BYU? Many reasons: close to family, it was my dad's alma mater, I wanted the same type of "spiritually strengthening" atmosphere I got during my undergrad, etc. the most important reason, though, is that I prayed about it and felt it was what I was supposed to do. 
2. How did you study for the LSAT? I studied on my own for about a month- I checked out prep books from the local library and I found some free resources online. I decided fairly late to take the LSAT, so I didn't have time to do an actual prep course. I only took the LSAT once.
3. How well did your major prepare you for Law School? Not better or worse than any other major. Having a background in history helped me occasionally to put court cases in context, but other than that, I don't feel like it have me a big advantage.
4. How diverse is BYU (age, gender, race)? My incoming class had an age range of 19-58 years old, and I think there were 39% females. I have no idea about race, but I can say that there is a club for basically every minority. 

Rhetorically,

Rebekah

Law School FAQs

Last week I had the chance to be a "Student Ambassador" for BYU Law at the Law School Expo on campus. I got to be upstairs in the Wilk in a "reception room" where I met potential students and answered their questions. Even though I only signed up to be there for an hour, I enjoyed myself so much I stayed for an extra hour and a half! Like many people, I enjoy giving advice and sharing my opinions. We had a lot of students come through, so I actually felt productive and useful the whole time.

In the spirit of procrastinating doing homework (another reason why I chose to stay for an extra 1 1/2 hours) I thought I'd post my answers to the FAQs that I got today:

1. How much time do you have to study? Let me answer you that by asking you this: What grades do you want? As someone who is in the bottom half of my class, I treat my 14 credit load like a full time job- I'm on campus from about 8-5. Having observed those who are in the top half of the class, especially in my first year, they were on campus more like 8-8 minimum.  Speaking of, several students also asked about how much reading you have to do. The first year, it's about 25 pages of reading per class period. You have 3 classes a day, which equals around 75 pages of reading daily. 
2. How do you balance school and family obligations? Going back to my first answer, I balanced by choosing to dedicate the evening to myself (my first year) or my husband (2nd and 3rd years). I knew that by doing this, I would sacrifice my grades. Although I do know several mothers who have graduated in the top of their class and still made time for family- they just have to study every available minute they aren't at home. 
3. What is Law Review? Every law school has at least one student-run journal called "Law Review." The student's duties are to select, edit, and publish articles they receive from professors and scholars around the country. Law Review is the most prestigious journal at any law school. There are usually other smaller journals, as well. Each school selects editors for the journals differently, but BYU does a one week "write-on" competition where students write a 15 page paper based on a file of information that they receive. They also have to do a "tech edit" where they check the footnotes of an assigned article to make sure they follow the correct rules (scholarly articles usually have at least 200 footnotes, by the way). The score they receive from their paper and tech edit are combined and the highest scores are selected to be on Law Review. 



Other co-curricular programs besides Law Review include Moot Court and Trial Ad. At BYU Law, 1L students have the opportunity to compete so they can participate in these activities during their 2L year.

4. What do you have to do to get a good job? I had to have the student define "good job" since it's pretty subjective. She had heard that if you don't do Law Review or get high grades you won't get a "good job." If you consider working at a big law firm or clerking for the Supreme Court a "good job" then that would be true. However, if you consider working as a solo practitioner or for the government a "good job" then that statement would be false. 

Rhetorically,
Rebekah

3L

I can't believe I'm entering my final year of law school this month. I've come so far, and the end is finally in sight. I finished my externships this week, I signed up for classes, and I'm even taking part of the bar early: the MPRE (2 hour ethics exam). By this time next year, I'll have graduated, taken the bar exam, and be eagerly awaiting my results to see if I can become an actual attorney. Wow.

Life while in law school has definitely not turned out the way I had expected or planned. Example: 1st year= single, 2nd year= married, 3rd year= pregnant/parent?! This was not the projectile I had envisioned back in 2012!!

Nevertheless, it's been an incredible journey and learning experience. It's hard to believe that this next semester will be my last full semester of courses, and then hopefully in the winter I only have to take a few credits.  I'm excited for what this final year will bring, even though I know it will be challenging.

Rhetorically,
Rebekah