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12(b)(6)

@12b6 / 12b6.tumblr.com

failure to state a claim upon which relief can be granted
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On shit that happens

I meant to do this post a while ago. Better late than never. 

In your law school and lawyering career, shit’s going to happen. The list is endless:

- Bad grades - Really, really bad grades - Not making law review/journals - Losing competitions - Striking out at job fairs - Not getting offers  - Offers getting rescinded - Failing the bar  - Failing the bar multiple times - Getting fired - Getting your license suspended/revoked

And that’s not including all the personal shit that happens - illnesses, accidents, deaths, breakups, marriages, divorces, etc. I have experienced and/or witnessed/heard of all of these things happening, and more. 

We tend to be so type-A and success-driven that encountering these things can rattle us up pretty badly, especially when something shitty happens through no fault of our own. You give it your best shot and you come out short. You do everything “right” and then get left in the dust. We are so used to trying hard (or not) and getting good results. When shit happens, we look to what we did wrong. 

And that can eat at us. Shit happens and it’s confusing and upsetting, not to mention embarrassing. Small law school communities do not help. Social media does not help. The fact that everyone else seems to have his/her shit together does not help. 

What I urge you to remember is that whatever law school/legal profession-created goal you failed to achieve, it won’t kill you. Don’t let being a law student or a lawyer take over who you are as a person - you were a person before law school, before you cared or even knew about any of this. Keep trudging along and make time to be your own person who is more than someone of this legal world. 

Shit happens. You’ll survive. It might even make you stronger.

Wanted to reblog during this time of shitstorm! It’s been a rough year globally, and I also dealt with some shit personally. It’s a reminder to myself too. Everyone hang in there!

RBG Gear for Charity!

Hi everyone! 

As you know, I have previously designed some RBG-inspired items in honor of my icon (literally and figuratively): the WWRBGD line and the Ruth Gator Binsburg line

I was thinking about anything I can do - and, to be cool, uniquely do - in her honor. Here I have made a copy of the popular WWRBGD products but set it up so that 100% OF ALL PROCEEDS go directly to the Malala Fund.

I felt it was a charity RBG would have liked: educating girls all over the world! Not only do you get to own cool RBG gear, you will know that all of the proceeds went straight to supporting the Malala Fund. :)

Here’s the store if you want to browse for other things, of course. Thanks everyone. Fight on! 

How many of these 15 very specific law struggles have you experienced

[ ] spending way too long looking for the fucking section symbol on Word

[ ] struggling with saying "certiorari"

[ ] struggling with saying "demurrer"

[ ] momentarily forgetting "Your Honor" and thinking, "Your Majesty...?"

[ ] having to politely sit through someone try to trick you into giving them legal advice

[ ] misspelling judgment ("judgement")

[ ] having a discourse about one or two spaces after the period

[ ] getting plaintiff and defendant flipped

[ ] not knowing what a case you've been reading is actually about because the opinion is focused on some procedural issue

[ ] copying the auto-formulated citation, not liking it, and "fixing" it

[ ] not knowing how to address judges in a social setting so just avoiding addressing them at all

[ ] getting googled info from some other law firm's website and feeling like a thief and a fraud

[ ] re-reading your emails from the Sent folder and noticing mistakes and struggling with whether to send a correction

[ ] writing "statute" when you actually meant statue

[ ] wrongly "correcting" someone who says "statue" when they did mean statue

Anonymous asked:

Hi so I’m a European law student and here the law school system and lectures etc are pretty different from the American system from what I’ve noticed. This year I’m taking a class on American constitutional law and apparently it’s modelled on the standard curriculum taught on US Law schools and I really want to to well so any advice? What should I be expecting? Also how does caselaw work???

American law school classes are primarily taught by having us read the landmark cases. In constitutional law, you’ll be reading the cases that ended up in interpreting/redefining different clauses and amendments of the US Constitution, like Brown v. Board of Education, Loving v. Virginia, Wade v. Roe, etc. You can look up these cases online for free to give them a read before your class starts! 

The American system (using “case law”) works on following “precedent.” Meaning (very simply put) in making a decision in a case, a court is bound to follow whatever a higher court did. Obviously each case has different facts, so you can always appeal to a higher court if you disagree with a ruling’s interpretation of the law. Eventually this might take you to the Supreme Court of the United States.

The “state” system works like:

Your local state “trial” courts -> state courts of appeal -> state supreme court -> US Supreme Court 

Each state has their own courts of appeals and supreme courts. 

The “federal” system works like:

Federal district court -> federal circuit courts (ex: 9th Circuit Court of Appeals) -> US Supreme Court

There are 94 federal judicial districts, organized into 12 regional circuits. There are 13 circuit courts of appeals, however. The Thirteenth Circuit is the Federal Judicial Circuit, which has nationwide jurisdiction over certain appeals based on subject matter.

The state and federal systems deal with different issues. Most cases are heard in state court. If a case involves a federal law, for example, it would be heard in a federal court. Also, if the parties are from different states, they might qualify to have their case heard in federal court. I’m giving you the uber-simplified version here, of course. Bankruptcy courts are in the federal system, and immigration (to an extent, that’s also a murky area because the executive branch gets involved). 

Once you are up in the state supreme court or a circuit court of appeals, you can further appeal your case to the US Supreme Court. The US Supreme Court however will not hear all the cases before it. It will grant “certiorari” to hear the cases it deems important and worthwhile. Normally these cases are to challenge a state law as being unconstitutional, etc. 

Any court higher than it in these two chains would be “mandatory” authority. So, if the California Supreme Court ruled so and so regarding a certain law, lower courts in California are bound to follow that ruling by applying it to their own facts of the case. The US Supreme Court would therefore be mandatory authority for all the courts in the land. And, sometimes, when there is no mandatory authority, you can look to “secondary” authority from other courts. For example, if I’m the federal district court of Rhode Island, which is in the First Circuit, but there have not been any rulings on my issue in the First Circuit or the US Supreme Court, the court may look to how other Circuits have ruled on the same issue (if they have) in making that decision. 

I would recommend looking up “landmark decisions” online, that should help! 

Anonymous asked:

Hey, just wanted to ask since you've graduated etc.. how would you recommend a freshman in college get their online prescence under control preemptively before even starting law school? My social media has always been under a different name, and I've recently deleted every photo of me (this is probably a bit much, I just want to be safe and not sorry) but would you have any tips besides, like, don't be bigoted/badmouth your employers

*flashback to trying to remember my xanga password so I could delete it*

If there are embarrassing or offensive things out there, absolutely find and delete those, but generally speaking you don’t need to worry too much about it. Everyone has an online presence nowadays, and those who don’t are the odd ones.

There will be parties, and there will be pictures. There will be people who post them. Law schools don’t care too much about that stuff, and most employers wouldn’t put in the effort either (nor care). What you do need to be careful about is things you post, or are said about you. Even when you think you’re anonymous. The Internet can find you.

Case in point, someone I knew the first name, school, and work of was pretty gross to me on a dating app recently. I was THIS close to hanging him out to dry. 

Anonymous asked:

How involved were you in undergrad and how much does it actually help your resume for law school to be involved? I feel all this pressure to do everything presented to me and now I’m in a sorority, Young Americans for Liberty, a social justice club, on executive board for a club and an honors society, and in law fraternity along with my classes, my job, and my internship. Now guardian ad litem emailed me to volunteer which I really want to do but Jesus I’m so exhausted. Is it worth it?

I was involved but nothing had to do with the law. I did things that I found fun to do. These extracurriculars do not help you that much with admissions. It’s going to come down to GPA + LSAT (I guess GRE for some schools now). 

Do these things if they interest you and still leave you with enough time to make sure your GPA & test scores are high. Don’t do it if you’re only doing it in the hopes it helps with law school admissions, because it absolutely will not. 

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Yo lawblr bbs:

The American Constitution Society is giving away $25,000 worth of prizes to law students who identify compelling legal strategies to stop a President from using the office for his or her personal enrichment. Apps are due at the end of September 2018.

Go forth and help the world and get money to do so.

And remember to subscribe to the Barred and Boujee podcast on iTunesGoogle PlaySoundcloudStitcher, or PodBean for all your progressive legal anaylsis, commentary, and hot take needs

Signal boosting for all my broke ass law student babies 

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