The BarWrite® - Newsletter
Legal Training since 1990

Mary Campbell Gallagher, J.D.,Ph.D., 
President, BarWrite® 




JULY 26-27, 2016
Bar Exam!

One-on-one coaching. You can try to prepare for the July bar exam alone. But why? One-on-one coaching can help you. Find out how!

Free Teleseminar: How to Design Your Daily Study Schedule. 7pm EST, Tuesday, April 26, 2016. Information here.



In New York City
Earliest discounts end April 10! 
 
Uniform Bar Exam:  MBE, MPT & Essays
Given: June 4, 5, 12, 18, 19, 25, 26, July 2, 3, and 9
Starts: Saturday, May 29, 2016 

This class sold out last July!
Covers: MPT & Uniform Bar Exam Essays
Given: M, Tu, Th, F  *  July 11, 12, 14 and 15
Starts: Monday, July 11, 2016 

6-Day MBE Boot Camp
Covers: Most-frequently tested areas on the seven subjects on the MBE
Given: Dates to be announced
Starts: Saturday, June 4, 2016
 


CLE for Practitioners
  
NEW!
New York State has approved 3 hours of CLE "skills" credit for BarWrite®'s course "Efficient Legal Memos," to be offered by BarWrite in 2016! Watch for the announcements.  Book available here. 
 
Reviewing Dr Gallagher's book Write Fast Legal Memos "Like a Sport(TM)"--which uses materials from Perform Your Best on the Bar Exam Performance Test (MPT)--law firm management consultant Ed Poll wrote: "This work is easy to read, easy to implement and well worth your time investment."

George Anu Allen visits BarWrite Dr.. Gallagher with Indian attorney Thomas A. Allen LLM, Cardozo Law School, after he received news that he had passed the New York bar exam.

SUCCESS STORIES
Perform Your Best on the Bar Exam Performance Test (MPT) is a very impressive title with the most comprehensive approach available. The Matrix system may seem complicated at first, but can really save your neck on test day. I would recommend test-takers to get as much practice with the matrix system as possible before test day.

The templates which are provided in the book are excellent. So much so in fact that I have incorporated them when instructing trainees and interns at our Firm.

As a three-time taker of the New York Bar exam, I took Prof. Gallagher's 3-day essay writing boot camp and the 1-day MPT course one week before the February 2013 NY Bar exam, and I truly believe this course and the materials (including the MPT book) made the difference in my third and final attempt in the New York Bar exam. . . ."

-- Review on Amazon.com by "Overseas Lawyer."


"I went up 20 points on my MBE. I'm flabbergasted. I never thought it could be possible. Thank you, thank you, thank you."


 

-Jessica Flores, Hofstra Law School, (Member, New York Bar)

 

Your book Scoring High on Bar Exam Essays has been required reading in my for-credit bar preparatory course for several years and I believe Scoring High has played an important role in increasing the law school's bar passage rate. The students find the "under, here, therefore" approach more accessible and easier to implement than other legal analysis methods. As a result, they write better-organized and better-scoring bar exam essays.  I would recommend the book to anyone preparing for the bar exam.       

 

-- Yvonne Lundwall Twiss
Professor of Bar Services
Capital University Law School

 
DR. GALLAGHER IN ACTION
Bar Exam Essays Mary Campbell Gallagher
Mary Campbell Gallagher, J.D., Ph.D.
For Lawyers, Law Professors, Students, and Bar Candidates:


Five Tips for Early Bar Prep
Find out how to do it here. here

Six Tips for Planning for 10 (or 15) Weeks of Bar Prep
See it here.

Six Ways to Doom Yourself on the Bar Exam
Find out about it  here.
 

Dear Scholars,

Welcome to bar candidates from all of the
Uniform Bar Exam (UBE) states!

HOW DOES JUDGE MERRICK GARLAND STACK UP AS A LEGAL WRITER?

President Obama has nominated Merrick Garland, presently Chief Judge of the United States Court of Appeals for the District of Columbia, to the United States Supreme Court. Commentators applaud Judge Garland's qualifications. They say that in comparison with the late Justice Scalia, he is a "centrist." He is somewhat to the left, except perhaps in criminal cases. As a teacher of legal writing for practicing lawyers and bar candidates, I am interested not only in Judge Garland's political views and judicial philosophy but also in how he stacks up as a writer of judicial opinions.

In the opinions I have read, Judge Garland works hard to make his reasoning clear. Take the 2013 case under the Freedom of Information Act (FOIA) called  ACLU v. CIA. There, plaintiffs sought documents relating to targeted killings using drones. The CIA answered with the so-called Glomer response, refusing to confirm or deny that it had such records. It argued that disclosure would reveal whether or not the CIA has an interest in drone strikes. The district court granted summary judgment for the agency. In his opinion reversing the district court and remanding the case, Judge Garland emphasized earlier cases where plaintiffs had demonstrated official government acknowledgment of the existence of the documents in issue, causing the Glomer argument to fail. Applying that reasoning, Judge Garland wrote that the President had publicly acknowledged the use of drones for targeted killings, as had high government officials. It therefore made no sense, he said, to claim that the CIA had no interest in, or documents on, the subject of targeted killing using drones. He said that this question was a different question from whether the CIA itself engaged in drone strikes.

Turning to judicial philosophy, note two strands of the late Justice Scalia's philosophy. First, Justice Scalia insisted, and he persuaded many others, that the text of any statute stands alone, and that its so-called legislative history should not affect a court's interpretation of the statute's words. This may be his greatest judicial legacy. Second, while Justice Scalia was not the first to demand a strict reading of the words of the Constitution, his support for the "originalist" interpretation was hugely influential. He believed in leaving legislating to the legislators. Where does Judge Garland stand? It appears that in contrast to Justice Scalia, he favors the "living document" approach. This allows judges flexibility in choosing how to interpret the Constitution. If so, this judicial approach will determine the cast of his opinions, and doubtless the outcomes of some cases, if Judge Garland becomes a justice of the U. S. Supreme Court. See Juan Williams, writing in the  Wall Street Journal for April 2-3, 2016,  "The Never Ending Battle Over How to Read the Constitution". (Paywall)

Back to Judge Garland as a writer. My fellow legal writing professional Ross Guberman has also looked at Judge Garland's opinion in  ACLU v. CIA. Ross Guberman's observations do not constitute a critique of the opinion. But it appears to both of us that nothing sets Judge Garland apart as a writer. That is good news. He is simply an accomplished legal writer. His opinion in  ACLU v. CIA reveals no quirks. It is clear. It is also persuasive, as indicated by the fact that it was written for a unanimous court. It is in his judicial philosophy that Judge Garland's difference lies.

Mary Campbell Gallagher, J.D. (Harvard), Ph.D., is the founder and President of BarWrite®, which offers large-group courses in legal writing for practicing lawyers and for bar candidates. BarWrite's bar courses teach the MPT, the bar exam essays, and the MBE. It is "the MPT systems specialists." http://www.barwrite.com Dr. Gallagher is the author of Perform Your Best on the Bar Exam Performance Test (MPT) and of Scoring High on Bar Exam Essays. Her articles on the bar exam have appeared in the New York State Bar Association Journal. She serves on the New York State Bar Association Committee on Legal Education and Admission to the Profession.

###

Update on Paris and Development. 

As Roger Cohen has said in the New York Times, Paris is a "delicate and infinitely precious" thing, and its survival requires "painful, courageous, decisions." But I have noted that Paris  City Hall aims to lick France's financial crisis by chasing after the same high-priced architectural baubles that make Tokyo look like Dubai. That can destroy the delicate thing. Nor have these plans been put to a vote of Parisians. 

The non-profit I have founded, the International Coalition for the Preservation of Paris (ICPP), aims to support Parisians in maintaining the beauty of Paris. We are publishing a book opposing all skyscrapers in Paris called Paris Without Skyscrapers: The Battle to Save the Skyline of the World's Most Beautiful City. Watch for it.

Wishing you all the best of New Years,

MCG 
Mary Campbell Gallagher, J.D., Ph.D.
Founder and President
BarWrite ® and BarWrite Press
http://www.BarWrite.com
Dr. Gallagher's Calendar

Thursday, May 26, 2016, Global Legal Skills Conference, Verona, ITALY 
Panelist, "Getting Ready for the New New York Bar Exam."  Info.

Saturday, June 4, 2016, 8:45am, New York, NY
10-Day Uniform Bar Exam Intensive begins. Info.  here

Saturday, June 4, 2016, 8:45am, New York, NY
6-Day MBE Boot Camp begins. TBA 

Monday, July 11, 2016, 9am, New York, NY
4-Day MPT/New York Essays Boot Camp begins.
For information, click here.
BOOKS, CDs, AND ON-SITE WORKSHOPS
BAR EXAM
STUDY GUIDES

Perform Your Best on the Bar Exam Performance Test (MPT)
~ For on-site MPT Workshop, see below. 

PYB Cover big


Scoring High on Bar Exam Essays

CD Companion for
Scoring High on Bar Exam Essays






CLE BOOK AND ON-SITE WORKSHOP FOR PRACTICING LAWYERS

Write Fast Legal Memos "Like a Sport(TM)"



To invite Dr. Gallagher to bring these programs to your school, association, or law firm, write to: [email protected]
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