Advice from the Nebraska Supreme Court

I will be the first to tell you, spring semester was intense. Especially during the last month prior to finals. However, in the middle of everything - way back in the first week of April -  I was lucky to have one of the coolest experiences of my young law school career. The Nebraska Supreme Court held a session of oral arguments in our Gross Appellate Courtroom at Creighton University School of Law. Granted, as a 1L my attendance was required by our Legal Research & Writing professors, it was something I was certainly glad to have been a part of.

Luckily, the court allowed us to have pen and paper available in the courtroom and I was going to write this whole long post about every case that was argued before I decided...you don't want to hear all that.

But, what I do bring to you...is the advice of the Justices that I gathered from the after argument Q&A session.

The Nebraska Supreme Court

The Court is made up of seven justices. However, due to the death of one justice - and the unexpected resignation of another - the Court only had five sitting justices, a district court judge and judge from the Court of Appeals.

The Court was composed of the following justices during the arguments I saw:

Chief Justice Michael Heavican

Justice Stephanie Stacy

Justice Lindsey Miller-Lerman

Justice William Cassel

Justice Jeffrey Funke

They were joined by district court judge Stefanie Martinez, from the 2nd Judicial District and judge Francie Riedmann from the Court of Appeals, 3rd Judicial District.

Q&A Session

Questions were asked of the justices by the Creighton School of Law, Class of 2020. The questions, and their answers - to the best of my note taking ability - are here below.

Q: Is more weight given to the written briefs that are submitted, or to the oral argument?

A: Justice Miller-Lerman: "Everything.

A: Justice Cassel: "You can't have an oral argument bring new matters that aren't mentioned in the brief."
A: Justice Funke: "Briefs are important as they are always reviews, but oral argument expands on that."
A: Justice Stacy: "We do re-listen to arguments [arguments are recorded] to confirm our approach to the case."

Q: What are the next steps for the Court after oral argument?

A: Justice Cassel: "We talk about the case. The judge who will author the opinion, the author judge, is assigned by the court clerk and the writing imposes a discipline that is integral to the decision process. It requires careful thought."

A: Justice Funke: "I need to see the opinion written. I may or may not be on board."

Q: Does Nebraska exercise de novo review?

A: Justice Funke: "We do for juvenile cases, domestic cases and for abuse of discretion."

A: Justice Cassel: "Everyone on the court uses heading for standards of review and the standard is usually controlling."

Q: Is it a pet peeve when someone does not give a direct answer to a question?

A: Justice Miller-Lerman: "It is never a trivial question and the judge is confused."
A: Justice Cassel: "There was a lawyer yesterday where I asked, 'So the answer is yes?'"

A: Justice Stacy: "Just answer the question!"

Q: Do you have a preference in regards to the presentation?

A: Justice Stacy: "Sometimes lawyers tell too much, thinking we haven't read the brief. But, persuasion starts with high points. A roadmap helps for the queue of questions; what is most persuasive?"

A: Chief Justice Heavican: "It is important when arguing that you know it is your opportunity to discuss what is most important in your case."

Q: How do you prepare for oral arguments? If you had an extra hour in the day, what would you do with it?

A: Justice Miller-Lerman: " Go to bed earlier. Read briefs for strength and give the research to the law clerks."
A: Chief Justice Heavican: "Key cases that are cited will be reviewed."
A: Justice Cassel: "Read as much of the record as is appropriate."

A: Justice Funke: "I read the record, pleadings by attorneys and transcripts. Were the questions and affirmative defenses framed correctly. There are two types of law clerks: career clerks and term clerks. Career clerks stay with a particular judge for a long period of time while term clerks are usually fresh out of law school, they just passed the bar. For Nebraska, term clerks for the Supreme Court clerk for two years"

A: Justice Stacy: "Author judge prepares the bench brief to help the other justices be well informed."

Overall, it was a very interesting perspective to have. I encourage all of our readers to check your local court calendars - Supreme Court or Court of Appeals - and see when they hold oral arguments and check them out if you can! It is definitely an experience in and of itself that is completely different from being in trial courts or even in school competitions.

Hopefully, these answers help you see how the Justices on one state Supreme Court see their job.

Stay classy everyone!

~BlueJayLawGirl

Summer Reads: Part 1

As we all somehow find some more free time during the summer, I will share some of the books that I am able to read for fun over the summer.  It will come in installments as I finish books and am able to post.  Welcome to part one.

You by Caroline Kepnes

Genres: Fiction, Thriller, Suspense, Psychological Fiction, Romantic Suspense

Rating/Success: 89%

Joe Goldberg, a small bookstore employee meets Beck.  He is instantly enchanted by her and finds her on Twitter--intrigued by her every move.  After orchestrating a "chance" meeting again at a subway stop, they start a whirlwind romance with more ups and downs than the world's most intense rollercoaster.  As time passes, Joe's oddities come to light, and Beck's friends begin to warn her against Joe.  He can't have that.  He must have Beck, and he won't stop at anything to keep her in his grasp.

I could not put this book down.  It wasn't like a traditional cheesy romance novel.  Yes, there was the appropriate amount of mushy stuff, but the plot twists and the scary moments kept me glued to the pages.  This book shows that there is more to every person than meets the eye--and first impressions do not reveal everything you need to know about a person.  Those who seem the most harmless can actually be the most dangerous.  If you like a bit of a mystery, but you are not a fan of anything too frightening, I really recommend this book.  Grab it for your next long flight or car ride!

ISBN: 978-1-4767-8560-8

Happy summer!

To Drink or Not to Drink, That Is the Question

Alcohol is served at almost every single professional event.  You always see people walking around the room with a beverage in hand.  Is it appropriate as a recruit, or prospective employee, to drink?  If so, how much is acceptable?  There is no hard and fast rule, but here are a few tips to help you navigate these tricky waters.

Gauge the Environment Around You

Does it seem like only the partners are indulging?  Are most people enjoying beer and wine, or are mixed drinks the norm?  You want to blend in as much as possible.  Think "chameleon".  Also, you do not want to overdo it at a professional event.  Self-police how many alcoholic beverages you can enjoy, so you do not lose your focus, and you are still conscious of your actions.

You never want to be the center of attention.  If you drink a little too much, excuse yourself and head home.  It is better to show up and leave a positive and short impression than be "that person who ended up dancing on an elevated surface".  If you are not a drinker, do not fret--no one is asking what is in your glass.  Get water, soda, or any beverage that you want, and no one is going to cross-examine you.

Keep a Clear Head

Everyone knows alcohol impairs your judgment.  This is no secret, and it is easy for someone to tell when your judgment is impaired.  You need to pace yourself, and you need to regulate yourself.  You may make connections at these professional events that could land you your dream job or your dream internship, but unfortunately, it can all be erased if you do not keep tabs on yourself.  Just because there is unlimited free alcohol does not mean that you can treat the event like an undergraduate fraternity party.

At professional events, you are there to make a good impression.  Sloshed and slurring is not the image that you want to leave with anyone, even if it is an associate.  Following these events, the firm often asks its employees to share information about the people that they found memorable (and this means the good and the bad).  Make sure that your behavior lands you on the nice list.

Take an Uber or Lyft

At these events, I personally choose not to carpool--I would much rather depend on Uber or Lyft to get me home.  There is no way to keep perfect tabs on a designated driver, so I always choose to be safe and take one of these services home.  I am lucky in the fact that my Uber/Lyft rides are never very long, so I come out with a fare that's usually less than $10.  But, if there is a large surge in the area, I will share the ride with a friend that lives close to me.

The important thing is to be smart, be safe, and do what is best for you.

Lots of love,

Caffeine Crashes and How to Avoid Them

These days it seems like everyone gets their fair share of caffeine--whether it comes in the form of coffee, soda, or energy drinks.  People also are all too familiar with the afternoon crashes that often follow the consumption of caffeine.  The little-known fact is that people do not know that this issue is completely avoidable.

The Definition of Caffeine Crash

Caffeine crash (n.): A crash that usually occurs a few hours after a person has consumed a moderate to high dose of caffeine and was previously in a tired state.

Common symptoms of a caffeine crash:

• Extreme fatigue
• Inability to concentrate
• Irritability
• Dozing off

The good news is that these symptoms can be lessened or eliminated by taking a few simple steps.  Changing some habits could definitely be worth it to increase your energy levels.

How to Avoid the Crash

The first step is to try to get as much effective rest as possible.  As a lawyer and law student, this is very difficult, but this means to avoid unplanned naps, attempt to regulate your sleep schedule, and turn off your electronics once you climb into bed to avoid blue light.

Second, try to spread your caffeine consumption throughout the entire day.  Rather than consuming your coffee back to back, drink one cup in the morning and one in the afternoon.  This avoids shocking your system with a huge dose of caffeine.  Instead, the caffeine is allowed to slowly enter your system and power you throughout the day.

Third, do not give yourself an unreasonably high dose of caffeine at one time.  A single serving of caffeine is considered to be 100-200 mg (the amount in a single serving of coffee).  If you ingest more than this at one time you will probably experience a crash during the day.

The fourth step is to consume food with your caffeine.  It is best if this food is rich in protein and other essential nutrients rather than a sugary muffin or donut.  Having caffeine on an empty stomach can lead your body to process the caffeine too quickly and a crash.

Finally, STAY HYDRATED.  The only way to do this is to drink plenty of water throughout the day.  Caffeine crashes are often due to dehydration.  A proper amount of water keeps your body's natural processes functioning correctly.  Unfortunately, there are no shortcuts here.  Juice, soda, or any other drink is not a substitute for water.  You need to drink legitimate H2O to keep up your hydration.

Keep your energy and productivity up,

How to Network and Why it is Important

Shake Hands with Anyone

Believe it or not, almost everyone feels awkward at networking events.  It is a room of people where people only know a handful, and they are not sure who they should talk to first.  Usually, the best approach is to introduce yourself to the first person you see.  When you begin to discuss your interests, that person will usually introduce you to the key people that you need to know.

For example, you see a woman standing near the entryway who is not already engaged in a conversation, just approach her.  The conversation will naturally flow, and then she will introduce you to another person.  This is the simplest way to work the room.  Eventually, you will come full circle.

Have a Variety of Topics in Your Back Pocket

You never know what you could have in common with a person--and people always surprise you.  Maybe you both have climbed the Sydney Harbor Bridge, maybe you both love deep-sea fishing, or maybe you both love to attend Major League Baseball games.  It is also smart to check current events right before you leave or on your way over to the event.  Sometimes a new headline might sneak its way into a conversation.  Just make sure not to make any super politically charged statements--it might turn people off.

Having a list of generic questions prepared is good, but having specific ones while revealing you did research before the event is even better.  Everyone loves telling stories without having to start at square one.  A notebook to write down pertinent information might be useful in this situation, just in case something really sticks out as interesting.

Make Sure to Get Their Contact Information

This is probably the simplest, yet most commonly made mistake.  Someone attends an event, has numerous spectacular conversations and no way to contact the people following the event.  I like to send a little thank you blurb to everyone that I met via email.  That way, you remind them who you are, and you stay on their mind.

Also, if you get business cards, it is useful to make a note on the back of each one.  You can write when and how you met them and your common connection.  This way, you will be able to remember who they are in case he or she invites you to coffee or another event afterward.

Don't be afraid to put yourself out there, and don't be afraid to show them who is boss.

Exercising in Law School, Yes it is Possible

Make a Plan That is Easy to Follow

As it is with anything in law school, you have to make everything as simple as possible.  That includes your exercise routine.  Generally, if you focus on one part of the body for each workout, then it creates a goal that is easy to reach.  And it avoids you from getting discouraged.  It takes a person an average of 66 days to create a habit so, that just means you need to stay on top of it for a month and one week.  That doesn't sound so impossible, now does it?

Get Guidance if Needed

Most people have no clue what they are doing (and that still includes me) when they try to create workouts.  The best part is that there are many options here to learn more about how to move your body.  Some people prefer to use a face-to-face personal trainer that can guide them through the movements and teach them how to use machines.  Some people prefer to participate in group classes, which are available at almost every single gym.  Some people even prefer to use a workout app to guide them along the way at their own pace.  No matter what works for you, there is a multitude of options.

The one grave mistake that must be avoided is signing up for a membership to something like Pure Barre or Soul Cycle if you know that you will not keep up your commitment.  These memberships can be quite expensive and create a black hole in your wallet if a location is just a little bit too far to be convenient, or if you only have time in the early morning or late evening.

But before you pay for any membership, check with your school! Some schools offer free admission to their fitness centers if you are enrolled as either a part-time or full-time student. This could save you hundreds of dollars in the long run!

My Personal Favorite

(This is not a sponsorship or encouragement to use this service; I just find that it works best for me and my schedule.)

I use Sweat: Kayla Itsines' Bikini Body Fitness Workouts.  It is super convenient, and it comes on a multitude of platforms.  You can log on using your computer, or you can download the app.  I like to do the workouts in the middle of my living room with a workout playlist pumping through my Bluetooth speaker.  The workouts are 30 minutes long with 30 minutes of cool-down stretches.  Minimal equipment is required because most of the moves are body-weight focused.  To me, this means no travel time to the gym, little to no clean up, and I can get back to my assignments right away.

Accountability Buddies

I love having a workout buddy.  This year, I had a fellow friend that would always remind me the days that we promised to work out together during the week, and we would challenge each other to either make or find the best workout playlist of the week.  She lived within walking distance of my apartment, so we would go to my place after class and walk home.  Sometimes we even rinsed off real quick and studied together.  It made the workouts super fun, we could socially chat and take our minds off of school, and then get back to the grind.  Both of also appreciated the fact that we got some blood flowing before we sat back down.  We did it Elle Woods style.

Gym Fear

If you do choose to enroll in a gym program or some type of membership, just remember--no one is actually watching you.  Okay, the guy that keeps peeking over might be checking you out, but what's the harm if he ends up asking for your number?  A free coffee?  A nice meal?

Most of the other people at the gym are there for the exact same reason that you are--to have a fantastic workout before they have to face life again.  Do not be afraid of the "gym bros" or the people who like to watch themselves do reps in the mirror.  They are wrapped up in their own world anyway, and they are not paying you any attention.  The gym is actually a judgment free zone, so do not be afraid to step off of the treadmill and lift some weights.

You can do it!