Franckly...

This episode is an homage to my former student Civil Procedure student Morgan Marmaro, currently an Associate at Freshfields, who was the person who gave me the phrase “That is a problem for future me.” That insight was a perspective shift for me, other friends, and students. I remain grateful for her insights and hope that you can also learn from conversations with Morgan or others. There may also be a few tips of what really matters in connection with your 1L summer job search and stressing less about the small moment and offering a bigger picture perspective on developing your professional self. 

As "Out of the Woods" was their personal anthem for the Pandemic, Prof. Franck is grateful to Taylor Swift (who now owns the masters and 'Taylor's Version') of this song for its use in connection with student mental health and the limited educational purpose of keeping students moving forward. Prof. Franck encourages all students (or other listeners of this podcast) to peruse the TS website to purchase merch and music to thank Taylor Swift for their contribution to their education: https://www.taylorswift.com/. 

Thanks also Jason Mraz, and his song Living in the Moment in the 2012 album “Love is a Four Letter Word, recorded with Atlantic Records, for the fair use of a limited aspect of the song provided to my 1L students for limited educational purposes only.

This podcast was recorded in 2021 at the requests of several students from 2021. The genesis came from a conversation with a student who was explaining how tired they were and how their brain didn’t function in the way they had been used to in the past. One of the issues I identified was the importance of very basic things, including nutrition, during a fundamental period of evolution not just on a personal front but on the front of building and creating neural tissue and connecting parts of the brain in different ways, to say nothing of how best to build up the corpus collosum. Some of the best foods you can eat provide potassium, which originally had me focusing on “go eat a banana.” But that nutrient can be found in many types of foods. See https://www.healthdirect.gov.au/foods-high-in-potassium.  There are other foods that can also help your brain functionality and aid long term memory retention: https://www.healthline.com/nutrition/11-brain-foods. My hope is that this episode is an opportunity to focus on supportive habits if and when you can, rather than adding to what might feel like a perpetual “to do” list.  See if it works for you and do the things that you know fit best to your own life, physiology, and preferences. 

As "Out of the Woods" was their personal anthem for the Pandemic, Prof. Franck is grateful to Taylor Swift (who now owns the masters and 'Taylor's Version') of this song for its use in connection with student mental health and the limited educational purpose of keeping students moving forward. Prof. Franck encourages all students (or other listeners of this podcast) to peruse the TS website to purchase merch and music to thank Taylor Swift for their contribution to their education: https://www.taylorswift.com/.  

Thanks also Kelly Clarkson and their single, Stronger (What Doesn’t Kill You), recorded with RCA Records for the fair use of a limited aspect of the song provided to my 1L students for limited educational purposes only.

This episode was originally recorded in October 2020, and I have not touched the recording since then. Speaking some of the words aloud in this episode helped me realize how much I despise the word “should” in terms of the creation of false, unrealistic, and detrimental expectations. It was also the first time I came up with one of the analogies I used in orientation and I have continued to use since then. I hope this offers some perspective so that you can keep your focus and your mental health where they need to be. Not where someone tells you they “should” be.  

As "Out of the Woods" was their personal anthem for the Pandemic, Prof. Franck is grateful to Taylor Swift (who now owns the masters and 'Taylor's Version') of this song for its use in connection with student mental health and the limited educational purpose of keeping students moving forward. Prof. Franck encourages all students (or other listeners of this podcast) to peruse the TS website to purchase merch and music to thank Taylor Swift for their contribution to their education: https://www.taylorswift.com/. 

Thanks also to the Rolling Stones for the classic song “You Can’t Always Get What You Want” from their 1969 album, Let it Bleed, as well as ABKCO Records who owns the master recordings for the Rolling Stones’ pre-1971 catalog, for the fair use of a limited aspect of the song provided to my 1L students for limited educational purposes only.

I originally recorded this episode in 2021, when I was teaching Civil Procedure mostly online. In my effort to reach my students in that context, I decided to be even more transparent than normal about the process of lifelong learning and professional development to put both my teaching and your educational experience in a broader multi-year context. This podcast breaks down some nuts and bolts of why and how I make the choices I do, but my focus is always on developing your human potential to the best I possibly can for your long-term benefit. Recognizing that in the 2025 version, we are just starting the process of having substantive doctrinal “Breakfast Club” tutorials, I nevertheless thought it could be constructive to offer this podcast now so that you can see where I envision these sessions fitting into your broader effort to become competent and ultimately excel.  It’s also a reminder: give yourself some grace and do not expect to know everything all at once.  

As "Out of the Woods" was their personal anthem for the Pandemic, Prof. Franck is grateful to Taylor Swift (who now owns the masters and 'Taylor's Version') of this song for its use in connection with student mental health and the limited educational purpose of keeping students moving forward. Prof. Franck encourages all students (or other listeners of this podcast) to peruse the TS website to purchase merch and music to thank Taylor Swift for their contribution to their education: https://www.taylorswift.com/. 

Thanks also Katie Herzig for their song, “I Want to Make You Proud” (which is my personal anthem for my grandmother) and their album, Moment of Bliss, recorded with Marion-Lorraine Records for the fair use of a limited aspect of the song provided to my 1L students for limited educational purposes only.

In this episode, created especially for Civil Procedure 2025 and in recognition of constructive conversations with students during Breakfast Clubs, Professor Franck explores concepts of fear, acceptance, growth, bravery, and professional development.  The acceptance of fear is one of Professor Franck's most treasured possessions in this lifetime, as it reflects their willingness to adapt and grow in the face of major life events and serves as a reminder that past strength offers future protection. Or, in the words of WCL grad Bailey Roe (https://www.orrick.com/en/People/A/6/0/Bailey-Roe): "I can do hard things."

As "Out of the Woods" was their personal anthem for the Pandemic, Prof. Franck is grateful to Taylor Swift (who now owns the masters and 'Taylor's Version') of this song for its use in connection with student mental health and the limited educational purpose of keeping students moving forward. Prof. Franck encourages all students (or other listeners of this podcast) to peruse the TS website to purchase merch and music to thank Taylor Swift for their contribution to their education: https://www.taylorswift.com/.  

Thanks also go to Sara Bareilles (https://www.sarabmusic.com/), her co-songwriter Jack Antonoff, and her recording label Epic Records (https://www.epicrecords.com/) (and entities within their corporate chain) for the fair use of her song Brave from the 2013 album The Blessed Unrest, which was nominated for the 56th Annual Grammy Awards Album of the Year.  

In this original, pilot podcast recorded during September 2020, Professor Franck offers responds to multiple student requests on behalf of her students when law school was being taught 100% online for the first time ever and students were scattered around the USA (and a few were even out of the country). This initial podcast, Resistance, was popular enough that students asked her to continue the series.  

Brought back for 2025-2026 academic term, this episode offers some thoughts about resistance and personal integrity. 

As "Out of the Woods" was their personal anthem for the Pandemic, Prof. Franck is grateful to Taylor Swift (who now owns the masters and 'Taylor's Version') of this song for its use in connection with student mental health and the limited educational purpose of keeping students moving forward. Prof. Franck encourages all students (or other listeners of this podcast) to peruse the TS website to purchase merch and music to thank Taylor Swift for their contribution to their education: https://www.taylorswift.com/.  

Thanks also go to R.E.M. and their album Document, recorded with I.R.S. Records (which is part of Universal Music Group - https://en.wikipedia.org/wiki/I.R.S._Records) for the fair use of a limited aspect of the song provided to 1L students for limited educational purposes only. 

Unlike the Bonus episode, Lucky Episode 13 takes a page from Pink's appreciation of Courage to explore how we can evolve by thinking bout how to push ourselves from the outside to our external selves ... and still grow also by having our outside selves inform our inner lives. There may be a few skin care and fashion tips that serve as transitions.