Episode 21

The USLawEssentials Law & Language podcast continues its What’s New in the Legal News series with a discussion of the civil lawsuit against organizers of the violent 2017 “Unite the Right” rally in Charlottesville, Virginia. In that rally, ‘white nationalists’ gathered to protest the removal of a statue and then violently attacked plaintiffs. The lawsuit alleges that the organizers and protestors conspired to commit the violence and should be held liable for the injuries they caused.

Daniel Edelson and Stephen Horowitz discuss the lawsuit – –  Sines v. Kessler – – which was brought pursuant to 42 U.S.C. § 1985. 42 U.S.C. § 1985 is a statute that enables plaintiffs to sue people in federal court who conspire to violate their civil rights.

Here is a link to an article discussing the lawsuit, which illustrates the tension between broad rights guaranteeing free speech in the United States, and the need to hold defendants liable for planning and committing violent acts.

Follow this link to read a copy of the complaint filed against the organizers of the rally.

Here is a link to a USLawEssentials YouTube video introducing 42 U.S.C. 1985, and here is the text of the statute.

Join the USLawEssentials Facebook group here: https://www.facebook.com/groups/1985330578297158

Episode 20

The USLawEssentials Law & Language podcast celebrates its 20th episode with a fun (fund!) discussion with Jonathan Golub, partner in the Corporate Department at Wiggin & Dana, and Chair of the Fund Formation and Investment Management Practice Group.

Stephen Horowtiz talks to Jonathan about his experiences living in Japan and how Jonathan developed expertise in a fascinating, and highly sophisticated practice. Among other things, Jonathan shares frank advice about what it takes to excel as a lawyer.

Oh, and of course there is a ‘Dad’ joke!

This episode includes important legal English vocabulary so stand by for our next course.

Meanwhile, we invite you to try the Jones v. Mississippi podcast course where you can see just some of the ways that the USLawEssentials Law & Language podcast will help you develop your legal English.

Episode 19

The USLawEssentials Law & Language podcast presents Part II of a conversation between Stephen Horowitz and Daniel Edelson concerning preparation for an Introduction to US Law course for LLM students. Daniel taught this class for several years and now it’s Stephen’s turn. He will be teaching an intensive week of classes to international students beginning their legal education in the United States.

Stephen and Daniel discuss the Supremacy Clause, federalism, and preemption. In addition, they talk about ways to introduce students not just to the fundamentals of US law but also to how law students study law in the United States.

Plus Stephen and Daniel try to come up with cool nicknames for themselves and don’t do so well.

If you’ve ever wanted to hear some of the ways instructors get ready to teach US law and legal English you’ll enjoy this episode.

 

Below is the excerpt from the Supreme Court case, Arizona v. United States, that Stephen and Daniel discuss during this episode.

Federalism, central to the constitutional design, adopts the principle that both the National and State Governments have elements of sovereignty the other is bound to respect. See Gregory v. Ashcroft, 501 U.S. 452,457, 111 S.Ct. 2395, 115 L.Ed.2d 410 (1991); U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779, 838, 115 S.Ct. 1842, 131 L.Ed.2d 881 (1995) (KENNEDY, J., concurring). From the existence of two sovereigns follows *399 the possibility that laws can be in conflict or at cross-purposes. The Supremacy Clause provides a clear rule that federal law “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.” Art. VI, cl. 2. Under this principle, Congress has the power to preempt state law. See Crosby v. National Foreign Trade Council, 530 U.S. 363, 372, 120 S.Ct. 2288, 147 L.Ed.2d 352 (2000); Gibbons v. Ogden, 9 Wheat. 1, 210–211, 6 L.Ed. 23 (1824). There is no doubt that Congress may withdraw specified powers from the States by enacting a statute **2501 containing an express preemption provision. See, e.g., Chamber of Commerce of United States of America v. Whiting, 563 U.S. 582, 592, 131 S.Ct. 1968, 1974–1975, 179 L.Ed.2d 1031 (2011).

State law must also give way to federal law in at least two other circumstances. First, the States are precluded from regulating conduct in a field that Congress, acting within its proper authority, has determined must be regulated by its exclusive governance. See Gade v. National Solid Wastes Management Assn., 505 U.S. 88, 115, 112 S.Ct. 2374, 120 L.Ed.2d 73 (1992) (Souter, J., dissenting). The intent to displace state law altogether can be inferred from a framework of regulation “so pervasive … that Congress left no room for the States to supplement it” or where there is a “federal interest … so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject.” Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230, 67 S.Ct. 1146, 91 L.Ed. 1447 (1947); see English v. General Elec. Co., 496 U.S. 72, 79,

Episode 18

The USLawEssentials Law and Language podcast continues its series of interviews with multilingual lawyers as Stepehn Horowitz speaks with Kazuto Yamamoto, a partner in the Daiichi LPC law firm in Japan who also Chairs the International Committee of the Osaka Bar Association.

Yamamoto-sensei discusses his career path (and travel paths) which have taken him around the world. He shares invaluable advice based on his work as an attorney in Japan, the United States, and China. In addition, Yamamoto-sensei, who earned an advanced degree in the United States, reflects on legal education and improving one’s legal English.

This is a great opportunity to learn from an incredibly accomplished, yet modest, international attorney.

We also learn that Yamamoto-sensei is an avid American football fan!

Here are a few football terms that we hear in this episode and their use in business English

Quarterback (taking the lead on a project)

Huddle up (meet and discuss a situation)

Third and Long (A situation where there is a large challenge and not much time to solve it)

A Hail Mary (A somewhat desperate effort to resolve a problem)

Enjoy the episode and please join the USLawEssentials Facebook Group: https://www.facebook.com/groups/1985330578297158

Episode 17

In this episode, Stephen Horowitz and Daniel Edelson discuss a one-week intensive class that Stephen will be teaching to LLM students at St. John’s University School of Law. The LLM students are beginning their study of US law and the course helps students better understand the US legal system and government. As Daniel had been teaching the course for a few years, Stephen talks to Daniel about his strategies for teaching the class.

This episode introduces students to some of the “behind the scenes” preparation and planning that Stephen and Daniel undertake before teaching US law and legal English. Coming soon, we discuss in detail some of the class lessons and activities.

As you listen to the episode, consider how you would answer the following questions in English:

What is federalism?

What is separation of powers?

What are checks and balances?

What is the Supremacy Clause?

What is the Bill of Rights?

Episode 16

The USLawEssentials What’s New in the Legal News podcast series continues with slightly less new news – – as Stephen Horowritz introduces  to Daniel Edelson a story regarding Kanye West tweeting his music contract. Stephen and Daniel discuss contract drafting and what US attorneys mean by “plain English”. We also discuss why learning plain English is different from learning legal English. In addition, Stephen and Daniel talk about a podcast series we like, Contract Teardown – – where experts share insights on contracts, including Kanye’s contract.

You can find the article Stephen introduces here: https://www.yahoo.com/entertainment/kanye-west-tweets-pages-universal-173350381.html

Contract Teardown is on Apple Podcasts here: https://podcasts.apple.com/us/podcast/contract-teardown-show/id1552795073

We also refer to editing software, BriefCatch, which you can find here: https://briefcatch.com/

Episode 15

Welcome to another episode of the USLawEssentials Law & Language Podcast as we continue our series of interviews with multilingual attorneys and other professionals related to the legal field. In this episode, Stephen Horowitz interviews Clara Solomon.  Clara is the Director of Counseling & Career Development at the renowned New York University School of Law.

Clara shares her experiences living abroad – – including her experience studying abroad in Japan when she was just 15 years old – – and how this led to her current position counseling attorneys as they embark on new careers after law school. Clara’s international experiences enable her to provide a unique and sensitive perspective on the challenges for international students interested in legal work in the United States.

 

 

Study Legal English Based the USLawEssentials Law & Language Podcast!

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Episode 14

In this latest episode of the USLawEssentials Law & Language Podcast, Daniel Edelson interviews multilingual lawyer, Yunjeong Hwang (lawyerhwang.com)

Ms. Hwang is a South Korean attorney who specializes in representing expatriates living in South Korea and people overseas with legal issues related to South Korea. She advocates on behalf of her clients in a wide range of matters, including family law, commercial litigation, cases arising under tort law, and employment disputes.

Ms. Hwang explains how she protects her clients’ rights while remaining sensitive to their language barriers. We learn how a lawyer is very often more than just a person with knowledge of the law, but someone who counsels a client in extraordinarily challenging circumstances.  In addition to sharing examples of her recent cases, Ms. Hwang discusses how she helps international clients navigate the South Korean legal system.  

Ms. Hwang’s website is here: lawyerhwang.com

 

 

 

 

 

 

 

 

 

 

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Episode 13

The USLawEssentials Law & Language Podcast continues its What’s New in the Legal News series with a case about …. tuna! Or allegedly missing tuna. Daniel Edelson introduces a recent news story about plaintiffs who sued a restaurant franchise for mislabeling its tuna sandwich. And Stephen Horowitz tells us about his favorite hoagie restaurant.

If you’re hungry for legal English, or just hungry to know more about hoagies, subs, class action lawsuits, and detecting tuna DNA, you’ll enjoy this episode.

Here is a link to the article: https://www.businessinsider.com/subway-tuna-lawsuit-mystery-nyt-fish-2021-6

And here is a link to the Complaint: https://www.truthinadvertising.org/wp-content/uploads/2021/01/Dhanowa-v-Subway-complaint.pdf

 

Hungry for More?

You can learn a lot more legal English with a podcast course based on one of our most popular podcast episodes! Click below to learn more or click here.

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Episode 12

USLawEssentials Law & Language podcast continues its series of interviews with multilingual lawyers. In this episode, Stephen Horowitz interviews Joshua Alter. Joshua discusses his specialized courses for international students enrolling in LLM programs in the United States and also provides invaluable suggestions on how international students can improve their chances of success in US law schools. This is a “must-hear” episode for students and attorneys from countries other than the United States interested in selecting a US legal program that meets their educational and professional goals.

You can find Joshua Alter on LinkedIn here: https://www.linkedin.com/in/joshuamatthewalter/ 

and check out his blog:  https://beyondnonjd.wordpress.com/

 

Here are links to another podcast and book referred to in the podcast:

SupChina Sinica Podcast: Chinese college students in the U.S., with Yingyi Ma – June 3, 2021

Book: Ambitious & Anxious: How Chinese College Students Succeed and Struggle in American Higher Education by Yingyi Ma (Columbia University Press, 2020)

Helpful Vocabulary

Here are some terms used in the podcast which might be new to you:

IRAC analysis – Issue, Rule, Analysis,  Conclusion; A structure or formula commonly used when writing law school essays.

LLM – Masters in Laws (Legum Magister in Latin)

JD – Juris Doctor – a first degree in law from a 3-year law school in the U.S.

LSAT – Law School Admission Test – Law schools traditionally have required all law school applicants to take this test, and the score is an important factor in law school decisions whether to accept or reject an applicant.

2L – second-year law student

1L – first-year law student

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