Yes, yes, yes, 100% THIS!!! Do the exam, and then move on. You'll do nothing other than torment yourself by discussing it with classmates after it's over.
Thank you! Wide-ranging interests (government/politics, theories of constitutional interpretation, internet/tech law, international law, etc....). Open to both non-fiction and fiction!
Oh goodness, so many things I could mention! Since you're going to HLS, I think "One L" is worth a read, even though the law school is a very different place today. If you haven't read it already, Justice Scalia's "A Matter of Interpretation" is a great primer for textualism and originalism (and even if you end up disagreeing with him, it's useful to understand these interpretive theories — as described by a proponent of them, not as a caricature by critics). More off the beaten path, but interesting if you're into SCOTUS history, is "The Forgotten Memoir of John Knox: A Year in the Life of a Supreme Court Clerk in FDR's Washington."
If you enjoy fiction, Judge Michael Ponsor's novel, "The One-Eyed Judge," is a real page-turner, as is "Defending Jacob" by William Landay. I enjoy pretty much anything by Scott Turow. And of course I have to plug my very own "Supreme Ambitions," at least if you think you might be interested in clerking. ;-)
-These two are good introductory overviews of the Court's history. If you're already familiar with a lot of the Court's history, you probably don't need to read these.
Interpretation:
Jonathan Gienapp's "The Second Creation"
Katzmann's "Judging Statutes"
Scalia & Garner "Reading Law" (the textualist bible)
Scalia "A Matter of Interpretation"
David Strauss "The Living Constitution" or his Chicago Law Review piece on Common Law Constitutionalism.
Larry Solum and others' work on fixation and constraint
Classics:
John Hart Ely "Democracy and Distrust"
Charles Black's "Structure and Relationship in Constitutional Law" (my favorite, but it's hard to find)
Avoid fixating on Big Law. There are fantastic career opportunities outside law firms that, I strongly believe, will lead to fulfilling and lasting careers. A lot of students or career counselors will suggest that going into Big Law is the only way to have the career you want later in life. I disagree. There are lawyers (even those not in public interest) who have never set foot in a law firm. I did! It takes more work to find those non-firm positions, but they are more plentiful than law schools would have you believe. As Nancy Reagan would say, just say no.
1. Read Orin Kerr's "How to Read a Legal Opinion."
2. Stay up to date on current events. Often real world events can provide some clarity in thinking about some of the more abstract legal concepts.
3. Build relationships with your professors. They are there to help you, so take advantage of them!
4. Make friends. These are the people who will be able to relate to your successes and failures in your law school career.
5. Be prepared for trial and error in studying. Some of the strategies you used in undergrad may or may not be successful in law school.
6. Be flexible! There is a learning curve. The most successful students are the ones who are willing to adapt and roll with the punches.
7. Enjoy it! I found law school incredibly fun. To some people, it is just one more barrier to entry. While this is true, it is a necessary barrier, and so you ought to enjoy the process as much as you can.
Here’s an excellent piece by Judge Dillard, in which he shares what he wishes he had known as a law student (and there’s a lot of thematic overlap between his piece and mine):
Once a week as a 1L, reach out to successful people in your network -- friends, neighbors, family, whomever. Let them know you are starting law school and ask for a cup of coffee or a call because you want to hear from them about their experiences with lawyers. At minimum, some will give you insight into the types of lawyer behavior that turns off clients -- resolve not to do those things when you get your license. Others may help open doors in even more substantive ways. Remember that some people are more likely to help a student out than someone already working or looking for work, so utilize that while you are still in school, especially when starting out.
And no - I did not do this as a law student. But I should have, since I know how far I am willing to go even for complete strangers with the admirable gumption to reach out for a conversation with me today seeking advice. In short, learn to speak to people even as a law student. Good things happen when you do.
Almost as important as making friends is simply not being a jerk to your classmates. People will remember your basic professionalism for years to come, which will come in handy when you find yourself opposing them on a matter.
My main advice to 1Ls would be to not follow the herd mentality. When I was in law school, I felt that the environment encouraged one track: get really good grades, join law review, get a clerkship, apply to a big firm, stress yourself out to the end of the earth, and so on.
That works for many, but not for all. Ten years after graduating law school, I am very happily self-employed, running a profitable, solo personal injury practice here in Los Angeles. Did I think I would be doing this when I was in law school? No. But has anyone ever asked me what my grade was in Torts (top of the class)? No. Did any of my clients ever ask me where I went to law school or which judge I clerked for? Nope. Pave your own way!
You don't have to work a lawyer if you don't want to. Law school isn't a trap, it's a path to opportunity. Don't sweat the future, don't think about the money, just lean in to the learning. You'll never work harder, but you'll come out stronger. I've given birth without anesthesia and I've taken the Texas bar, and for me, the Texas bar was worse. (OK, maybe I wouldn't tell myself that last bit! :)
Getting good grades is the short game. There is also a long game. In the long game, relationships are everything. Some of your classmates will become judges, politicians, or in-house lawyers at big companies and knowing them can make your whole career. So keep up your friendships, make some positive effort to form new ones, and be kind to everyone.
Take a look at the Bar exam prep materials that cover most of the first year courses in the summer going into 1L year. When I was preparing for the bar exam, I realized how much easier my life would have been if I had had access to the prep materials BEFORE starting law school. Good luck!
This is the one thing I wish I'd known before starting law school. I remember studying for the bar exam and thinking to myself, "Jeez I wish I had all this stuff at the *start* of my law school career rather than at the end."
Expose yourself to a wide range of subjects within the law. There is a decent chance you will end up working in a field you didn't know about or had no idea existed before you went to law school. (If we all wound up doing what we said we'd do when we applied to law school, we'd all be environmental or international human-rights lawyers.)
Don't get distracted/diverted off your chosen path by lavish summer associate opportunities...they dry up once you become an employee, and THEN what do you have?
It is always a mistake to discuss an exam with your peers after you take it. Always. Avoid it like the plague.
Yes, yes, yes, 100% THIS!!! Do the exam, and then move on. You'll do nothing other than torment yourself by discussing it with classmates after it's over.
This x1000. And avoid people who like to brag.
Thanks for this piece, David! I start at HLS this fall. Any other books you suggest reading?
Oh wow, that's great — congratulations! What are some of your interests? And are you looking for fiction, non-fiction, or both?
Thank you! Wide-ranging interests (government/politics, theories of constitutional interpretation, internet/tech law, international law, etc....). Open to both non-fiction and fiction!
Oh goodness, so many things I could mention! Since you're going to HLS, I think "One L" is worth a read, even though the law school is a very different place today. If you haven't read it already, Justice Scalia's "A Matter of Interpretation" is a great primer for textualism and originalism (and even if you end up disagreeing with him, it's useful to understand these interpretive theories — as described by a proponent of them, not as a caricature by critics). More off the beaten path, but interesting if you're into SCOTUS history, is "The Forgotten Memoir of John Knox: A Year in the Life of a Supreme Court Clerk in FDR's Washington."
If you enjoy fiction, Judge Michael Ponsor's novel, "The One-Eyed Judge," is a real page-turner, as is "Defending Jacob" by William Landay. I enjoy pretty much anything by Scott Turow. And of course I have to plug my very own "Supreme Ambitions," at least if you think you might be interested in clerking. ;-)
http://bit.ly/SupremeAmbitions
Oh wow, these are great! Thank you so much! Big fan of all you do.
Richard Kluger, Simple Justice. Read it before my first year of law school. Fantastic book.
I don't want to steal David's thunder here, but:
McCloskey's "The American Supreme Court"
Powe's "The Supreme Court and the American Elite"
-These two are good introductory overviews of the Court's history. If you're already familiar with a lot of the Court's history, you probably don't need to read these.
Interpretation:
Jonathan Gienapp's "The Second Creation"
Katzmann's "Judging Statutes"
Scalia & Garner "Reading Law" (the textualist bible)
Scalia "A Matter of Interpretation"
David Strauss "The Living Constitution" or his Chicago Law Review piece on Common Law Constitutionalism.
Larry Solum and others' work on fixation and constraint
Classics:
John Hart Ely "Democracy and Distrust"
Charles Black's "Structure and Relationship in Constitutional Law" (my favorite, but it's hard to find)
Alexander Bickel's "The Least Dangerous Branch"
Thank you!!
Avoid fixating on Big Law. There are fantastic career opportunities outside law firms that, I strongly believe, will lead to fulfilling and lasting careers. A lot of students or career counselors will suggest that going into Big Law is the only way to have the career you want later in life. I disagree. There are lawyers (even those not in public interest) who have never set foot in a law firm. I did! It takes more work to find those non-firm positions, but they are more plentiful than law schools would have you believe. As Nancy Reagan would say, just say no.
1. Read Orin Kerr's "How to Read a Legal Opinion."
2. Stay up to date on current events. Often real world events can provide some clarity in thinking about some of the more abstract legal concepts.
3. Build relationships with your professors. They are there to help you, so take advantage of them!
4. Make friends. These are the people who will be able to relate to your successes and failures in your law school career.
5. Be prepared for trial and error in studying. Some of the strategies you used in undergrad may or may not be successful in law school.
6. Be flexible! There is a learning curve. The most successful students are the ones who are willing to adapt and roll with the punches.
7. Enjoy it! I found law school incredibly fun. To some people, it is just one more barrier to entry. While this is true, it is a necessary barrier, and so you ought to enjoy the process as much as you can.
I second all of this! Here's a link to Orin's essay:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1160925
Here's a thoughtful and reassuring essay by Professor Andrew Ferguson, "Letter to a 1L on the First Day of Law School":
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3592612
Here’s an excellent piece by Judge Dillard, in which he shares what he wishes he had known as a law student (and there’s a lot of thematic overlap between his piece and mine):
https://abaforlawstudents.com/2019/11/01/i-wish-id-known-judge-stephen-dillard/
Once a week as a 1L, reach out to successful people in your network -- friends, neighbors, family, whomever. Let them know you are starting law school and ask for a cup of coffee or a call because you want to hear from them about their experiences with lawyers. At minimum, some will give you insight into the types of lawyer behavior that turns off clients -- resolve not to do those things when you get your license. Others may help open doors in even more substantive ways. Remember that some people are more likely to help a student out than someone already working or looking for work, so utilize that while you are still in school, especially when starting out.
And no - I did not do this as a law student. But I should have, since I know how far I am willing to go even for complete strangers with the admirable gumption to reach out for a conversation with me today seeking advice. In short, learn to speak to people even as a law student. Good things happen when you do.
Almost as important as making friends is simply not being a jerk to your classmates. People will remember your basic professionalism for years to come, which will come in handy when you find yourself opposing them on a matter.
My main advice to 1Ls would be to not follow the herd mentality. When I was in law school, I felt that the environment encouraged one track: get really good grades, join law review, get a clerkship, apply to a big firm, stress yourself out to the end of the earth, and so on.
That works for many, but not for all. Ten years after graduating law school, I am very happily self-employed, running a profitable, solo personal injury practice here in Los Angeles. Did I think I would be doing this when I was in law school? No. But has anyone ever asked me what my grade was in Torts (top of the class)? No. Did any of my clients ever ask me where I went to law school or which judge I clerked for? Nope. Pave your own way!
You don't have to work a lawyer if you don't want to. Law school isn't a trap, it's a path to opportunity. Don't sweat the future, don't think about the money, just lean in to the learning. You'll never work harder, but you'll come out stronger. I've given birth without anesthesia and I've taken the Texas bar, and for me, the Texas bar was worse. (OK, maybe I wouldn't tell myself that last bit! :)
If you want to be a gunner, buy a copy of Glannon and start teaching yourself CivPro right now!
My tips are supported by research: never miss class, brief every case, utilize your profs' websites, and rejoice when called on. https://info.cooley.edu/blog/law-school-success-tips-have-proven-validity
Getting good grades is the short game. There is also a long game. In the long game, relationships are everything. Some of your classmates will become judges, politicians, or in-house lawyers at big companies and knowing them can make your whole career. So keep up your friendships, make some positive effort to form new ones, and be kind to everyone.
Take a look at the Bar exam prep materials that cover most of the first year courses in the summer going into 1L year. When I was preparing for the bar exam, I realized how much easier my life would have been if I had had access to the prep materials BEFORE starting law school. Good luck!
This is the one thing I wish I'd known before starting law school. I remember studying for the bar exam and thinking to myself, "Jeez I wish I had all this stuff at the *start* of my law school career rather than at the end."
Expose yourself to a wide range of subjects within the law. There is a decent chance you will end up working in a field you didn't know about or had no idea existed before you went to law school. (If we all wound up doing what we said we'd do when we applied to law school, we'd all be environmental or international human-rights lawyers.)
Don't get distracted/diverted off your chosen path by lavish summer associate opportunities...they dry up once you become an employee, and THEN what do you have?