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Getting to Maybe: How to Excel on Law School Exams (Paperback)
by Richard Michael Fischl, Jeremy Paul
Category:
Law school guide, Law study |
Market price: ¥ 238.00
MSL price:
¥ 218.00
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Pre-order item, lead time 3-7 weeks upon payment [ COD term does not apply to pre-order items ] |
MSL rating:
Good for Gifts
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MSL Pointer Review:
Written with impressive rigor, this book is an excellent tool for improving exam writing, legal analysis and writing skills. |
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Author: Richard Michael Fischl, Jeremy Paul
Publisher: Carolina Academic Press
Pub. in: June, 1999
ISBN: 0890897603
Pages: 328
Measurements: 8.3 x 5.5 x 1 inches
Origin of product: USA
Order code: BA00734
Other information: ISBN-13: 978-0890897607
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- Awards & Credential -
One of the best received books to help students with the law school exams. |
- MSL Picks -
This is an entertaining book with good insights on taking law school exams (I particularly liked Fischl & Paul's hilarious debunking of that stupid old IRAC bromide that professors like to give to all those foolish 1Ls). But some Amazon reviewers seem to think that Getting To Maybe is some sort of magic cure-all. It ain't. Unless you have spent a year or two perfecting your writing and analytical skills through continual practice, merely perusing this book will do nothing for you come exam time. If, however, you are already well versed in basic lawyerly analysis, this book will give you an edge.
Here's what you need to do in order to score well on a law exam:
1. Extricate the key facts from a fact-dense problem. (Watch out for red herrings!)
2. Spot and specify all legal issues that arise from these key facts.
3. Intelligently apply all applicable legal rules to the issues.
4. Interweave key facts into elements of the applicable rules.
5. Insert appropriate policy discussions that support the rules. (Take notes and study up on each prof's particular hobby horse and demonstrate extensive familiarity with it on your essay exams.)
6. Integrate ALL of the above skills with succinct, first-draft legal writing skills within the allotted time (usually about 50 minutes per problem). Think fast, write fast - and do both well.
Getting To Maybe is particularly good at developing point number 5. It is somewhat spotty at most of the others. But what it does, it does very well indeed. And, as far as law-related books go, it's a fun and funny read. So, after you have mastered the basics of black-letter law and learned to think clearly and write well, what this book has to teach you will be yet another arrow in your quiver. Just don't think it's your entire arsenal.
Further recommendations: Pre-law and 1L students should read all the books in the Examples & Explanations series and carefully work through ALL the problems. The single most useful book on exam-taking is John Delaney's How To Do Your Best On Law School Exams, which you can purchase directly from Professor Delaney. And for heaven's sake, don't forget to take Wentworth Miller's LEEWS program early in your first semester.
Lastly - and it's sad to have to say this - learn some friggin' logic and some essay-writing skills before you even think of setting foot on campus. It's amazing and pathetic how few 1Ls can write clear, coherent, grammatical prose. Law school ain't the time to be taking Freshman Comp and Logic 101. Remember, the first year is crucial. Don't blow it.
(From quoting an American reader)
Target readers:
People who are preparing for law school exams and teachers of law school exams.
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Richard Michael Fischl is Professor of Law at the University of Connecticut. After graduating cum laude from Harvard Law School in 1978, he spent four years with the Division of Enforcement Litigation at the National Labor Relations Board and a year with the Litigation Unit of the California Agricultural Labor Relations Board. During his time with the NLRB, he was principal author of the agency's successful Supreme Court briefs in NLRB v. Hendricks County REMC and NLRB v. Transportation Management Inc., and he received several commendations for outstanding appellate work from the NLRB's General Counsel. In 1983, he joined the law faculty at the University of Miami, where he taught until his appointment at Connecticut in 2006. His teaching and research interests focus on labor and employment law, legal theory, and legal education, and his work has appeared in Columbia Law Review, Law & Social Inquiry, and numerous other law journals. He is co-editor (with Joanne Conaghan and Karl Klare) of Labor Law in an Era of Globalization: Transformative Practices and Possibilities (Oxford 2002); co-author (with Jeremy Paul) of Getting to Maybe: How to Excel on Law School Exams (Carolina Academic Press 1999); and co-chair of Intell, an international network of progressive scholars and practitioners in the labor and employment law field. In 2006, he was the recipient of the Golden Apple award for outstanding teaching and service at the University of Miami.
Professor Paul teaches Constitutional Law, Property, and Jurisprudence. A 1978 graduate of Princeton University, he received his law degree from Harvard in 1981. In addition to his long-term career in teaching, Professor Paul has served as a law clerk to Judge Irving R. Kaufman of the U.S. Court of Appeals for the Second Circuit; as Professor-in-Residence at the Appellate Staff of the Civil Division of the U.S. Department of Justice; and as Assistant to the President of TravelersGroup. He has taught at the University of Miami (as both Assistant and Associate Professor) and at Boston College Law School (as a Visiting Professor). Professor Paul's writings have appeared in the Texas Law Review, the Michigan Law Review, the University of Southern California Law Review, and the Washington Monthly, and they include (with Michael Fischl) the book Getting to Maybe: How to Excel on Law School Exams published by Carolina Academic Press, and a widely used introduction to legal reasoning entitled "A Bedtime Story," 74 Virginia Law Review 915 (1988). Professor Paul is a member of the Board of Directors of the Connecticut Civil Liberties Union and the Advisory Board of the Connecticut Law Tribune.
(Quoting from University of Connecticut, School of Law website)
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From Publisher
Professors Fischl and Paul explain law school exams in ways no one has before, all with an eye toward improving the reader's performance. The book begins by describing the difference between educational cultures that praise students for "right answers," and the law school culture that rewards nuanced analysis of ambiguous situations in which more than one approach may be correct. Enormous care is devoted to explaining precisely how and why legal analysis frequently produces such perplexing situations. But the authors don't stop with mere description. Instead, Getting to Maybe teaches how to excel on law school exams by showing the reader how legal analysis can be brought to bear on examination problems. The book contains hints on studying and preparation that go well beyond conventional advice. The authors also illustrate how to argue both sides of a legal issue without appearing wishy-washy or indecisive. Above all, the book explains why exam questions may generate feelings of uncertainty or doubt about correct legal outcomes and how the student can turn these feelings to his or her advantage.
In sum, although the authors believe that no exam guide can substitute for a firm grasp of substantive material, readers who devote the necessary time to learning the law will find this book an invaluable guide to translating learning into better exam performance.
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View all 5 comments |
A reader (MSL quote), USA
<2007-02-23 00:00>
This book saved my law school carreer. law school tests are notoriously ambigous. There are no right answers. Unfortunatly, there seems to be no help for students. One of the proscribed methods is the IRAC method (when you get to school you will learn this and this is not the time to write about it). This book gives you a different way of acheving success in the test. The book does criticize IRAC and offers its own way of handling the testing questions. Getting To Maybe is written by law professors and who would know more about passing their tests as well as how a professor thinks? The book is a well written philosophy on the test and the mistakes. The authors spend a great deal of time explaining their philosophy and it is helpfull for the second half of the book. The book shows the common test question mistakes and how to fix them. The book also provides sample tests with sample answers and explanations of why they are good answers. This is the best part of the book, a side by side comparison of good and bad answers which makes this book invaluable. Highly reccommended.
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A reader (MSL quote), USA
<2007-02-23 00:00>
Who better to get advice on law exams from than two law professors, who also graduated at the top of Harvard Law's class? My grades have gone up and up since reading (and re-reading) this book. Anyone who goes to law school, especially where competition for grades is tight will benefit. The more you read it, the more you grasp the strategy. So don't get discouraged if you're a bit confused the first time. I'd recommend reading through this before you enter law school and at least once (maybe twice) a semester as you can squeeze in a few extra minutes. I've looked at every book about legal reasoning and taking law exams that I've been able to get my hands on and this book has the best system by far. It might not be the easiest system to understand (after all the easy road isn't always the best road in law school), but once you grasp it you'll be thankful. |
A reader (MSL quote), USA
<2007-02-23 00:00>
Having graduated with high honors from one of the top five law schools, I relied on several of these books to identify the appropriate approach to taking law school exams. I applied the approach as follows: (1) read only those assignments provided by the professor (ignore commercial outlines, etc.); (2) take extensive notes of everything the professor says in class (and do not write down any student comments or student answers to Socratic questions); (3) organize your notes of the professor's lectures into your own outline; (4) read the professor's prior exam files, including any student answers selected by the professor as "model answers"; and (5) practice taking the professor's old exams in the few days leading up to exam day. The rationale is that your professor will be looking for you to spot those issues that he or she views as important. The more of these issues you spot, the higher your exam grade will be. Ditch those commercial outlines and study group meetings. In addition to Getting to Maybe, you should also prepare for law school by conditioning yourself to what its competition will feel like. Two excellent books that accomplish this goal are Scott Turow's One L (Harvard in the 1970s) and Scott Gaille's The Law Review (2002 book about competition at The University of Chicago Law School). |
D. Friedman (MSL quote), USA
<2007-02-23 00:00>
The aim of this book is to help current law students perform well on law school exams. Law school exams are famously ambiguous; hence the title of the book. The title of the book is a play on the title of a classic book about the art of negotiation, called Getting to Yes. Implicit in Getting to Maybe is that, unlike a negotiation, performance on law school exams does not require an exact answer or resolution.
The method by which these law professors explain this concept is especially interesting. In connection with their academic research, they propose to break down law school exams into small components, and thoroughly analyze those components. The result is a very substantial and comprehensive analysis of the structure of law school exams and the skills required to do well on these exams.
You may be asking how the professors purport to explain all law school exams, for surely there are professors for whose exams these methods will not work. These professors make the interesting point that in the United States, law education is fairly uniform, and, therefore, the skills required to perform well on law school exams are fairly uniform, as well.
I read this book prior to starting law school. I found it useful primarily because I have read a number of other books about legal reasoning and the study of law and the law school experience that are more basic than the material in this book. If this is your first book regarding the study of law or peformance in law school, I would advise putting it aside in favor of a book offering a broader overview of law, its study, and law school. |
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