Podcasting Legal Writing Lessons

Over the course of the six years I have taught here, the Law School’s technological resources have gotten better and better. For instance, every classroom in which I teach now has equipment that allows me to project documents onto a screen at the front of the classroom, working on edits as we discuss them in the classroom. I can project from the web as I discuss legal research tools, such as the law library’s helpful start page. I can play audio or video files for the class, such as tapes of oral arguments from oyez.org or from the Wisconsin Supreme Court site for my appellate writing and advocacy class.

Most recently, with the help of our IT department I have been using digital recording technology (a headset microphone and audacity software) to record some of my instruction and make it available for students to work through at their convenience. The podcasts are especially effective for material that some students need more help with than others, such as citation, grammar and punctuation, or editing for conciseness. Last semester, my students’ responses to the podcasts was overwhelmingly positive.

The pioneer podcaster among the legal writing faculty was Alison Julien, who, I understand, has moved on to “webcasting,” i.e., digital videorecordings of her instruction.

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The Door’s Open, But the Ride It Ain’t Free

The Open Door Church has sued the Sun Prairie (Wis.) Area School District in federal court in Madison. The complaint alleges that the district has adopted a broad policy permitting community groups to use the district’s facilities. However, the district seems to have adopted a policy of permitting waiver of rental charges for all potential users, except religious groups. As a result, the church has paid a fee for using a school classroom for weekly meetings of a club for children, while a variety of other groups, allegedly engaging in similar but nonreligious uses, were not charged.

Although the district has now changed its policy to require that all groups be charged, it has grandfathered those users for whom fees have already been waived, thus perpetuating any unconstitutional distinction between religious and nonreligious users.

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ERISA Preemption and State Apprenticeship Laws

Erisa The Sixth Circuit decided an important ERISA preemption case yesterday, Associated Builders & Contractors, Saginaw Valley Area Chapter v. Michigan Dep’t of Labor & Economic Growth, No. 07-1639 (6th Cir. Sept. 16, 08) ,concerning the continuing validity of state apprenticeship laws in light of ERISA.

From the Daily Labor Report today (subscription required for full article):

The Employee Retirement Income Security Act does not preempt a Michigan law that sets ratio and equivalency requirements for apprentice electricians, the Sixth Circuit rules in lifting an injunction issued in 1992 that barred the state from enforcing the apprenticeship laws.

In ruling that the Michigan Department of Labor and Economic Growth can now enforce the ratio and equivalency requirements set out in the state’s electrician apprenticeship law, the three-judge appellate panel finds that the state law imposed mandates on apprenticeship training programs, but those mandates did not affect ERISA-regulated concerns.

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