Law to Fact

This episode provides a brief overview negligence reviews the duty element of negligence. The episode discusses the rules and relevant case law necessary to understand when the law creates a duty, breach of which can lead to liability. We end with an analytical framework and strategy for attacking negligence and duty on a law school exam.
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In this episode, we discuss the Erie Doctrine with Michael Mushlin, Professor of Law at the Elisabeth Haub School of Law. Professor Mushlin walks us through "the house of Erie" and explains the steps in analyzing an Erie Problem that students might see in an exam. It's a fun conversation that helps you understand and appreciate Erie in a way you probably hadn't before.
About our Guest:
Professor Michael B. Mushlin teaches Civil Procedure, Evidence, and Prisoners' Rights at the Elisabeth Haub School of Law at Pace University. He is the author of book chapters and articles on a variety of subjects involving evidence, federal jurisdiction, civil procedure, children's rights, and prisoners' rights that have appeared in journals such as the Yale Law and Policy Review, UCLA Law Review, Harvard Civil Rights Civil Liberties Law Review, The Journal of Legal Education, and the Brooklyn Law Review. He also is the author of RIGHTS OF PRISONERS (4th ed West) a four volume comprehensive treatise on the law regarding prisoners' rights and NEW YORK EVIDENCE WITH OBJECTIONS (4th ed National Institute of Trial Advocacy 2013) (with Jo Ann Harris). You can read more about Professor Mushlin here.

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As always, if you have any suggestions for an episode topic, please let us know!
You can email [email protected] or tweet @lawtofact.
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Find us on Twitter, Instagram, and Facebook!
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In this episode...
We speak with a former student, Mani Tafuri. Now as a new attorney, Mani found himself in the middle of a very personal legal fight. Police in upstate New York charged one of his closest friends for the murder of the 12-year-old son of a former girlfriend. The legal challenges that followed were remarkable, both the racial bias that grew from the case and the constitutional violations. The case was of such import and interest that it is now the subject of an HBO documentary, Who Killed Garrett Phillips, airing on HBO.
About our guest...
Mr. Mani Tafuri is a criminal defense attorney in Queens, NY. Prior to practicing in his own law firm, he was a Staff Attorney at The Legal Aid Society.
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As always, if you have any suggestions for an episode topic, please let us know!
You can email [email protected] or tweet @lawtofact.
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Find us on Twitter, Instagram, and Facebook!
Review us on iTunes, your opinion matters!
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This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.
Visit kaplanbarreview.com today to sign up.

In this episode...
John Humbach, Professor of Law at the Elisabeth Haub School of Law discusses the notion that crime is caused by culpable mental states (such as intentions) and describes how criminal justice could be different if we stopped focusing so much on assigning "blame" and paid more attention to how we can best prevent crimes from happening in the first place.
Some key takeaways...

1. 25% of American adults have criminal records.
2. 30% are of young people are arrested by the time they are 23.
3. Our criminal justice system focuses is flawed because it continues to punish based on traditional notions of blameworthiness.
4. Punishment would be much more effective if it took into account more modern findings of neuroscience.

About our guest...
Professor John Humbach is a professor of law at the Elisabeth Haub School of Law where he teaches, among other subjects, Criminal Law, Property and Professional Responsibility. He is the author of Whose Monet? An Introduction to the American Legal System; a seminal book for law school orientation. Professor Humbach practiced corporate/securities law for five years on Wall Street before entering law teaching in 1971. Most of his teaching experience before coming to Pace in 1977 was at Fordham Law School, but he also taught at Brooklyn Law School and as a visiting professor at the University of Illinois and the University of Hawaii. He has authored a number of articles in the areas of property law and professional responsibility, as well as computer-assisted instruction programs for first-year property students. He serves as chairman of his community Architectural Review Board, and was active in the preservation of the 22,000 acre Sterling Forest, at the edge of the NYC metropolitan area. Professor Humbach served as James D. Hopkins Chair in Law during the 1993–1995 academic years.
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As always, if you have any suggestions for an episode topic, please let us know!
You can email [email protected] or tweet @lawtofact.
-
Find us on Twitter, Instagram, and Facebook!
Review us on iTunes, your opinion matters!
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Want to stay updated on all things Law to Fact?
Join our mailing list by visiting www.LawToFact.com.
-
This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.
Visit kaplanbarreview.com today to sign up.

In this episode...
Professor Amy Gajda, the Class of 1937 Professor of Law at Tulane Law School explains the four privacy torts and shares discusses the likely impact of recent cases including Bollea v. Gawker (The Hulk Hogan Case).
Some key takeaways are...
The Privacy Rights are

1. Misappropriation - use of another's name or identity without permission.
2. Intrusion into seclusion - peering in on someone who is in seclusion.
3. Publication of private facts (the gossip tort) publishing of private information about another person that is highly offensive and not newsworthy.
4. False Light - which is similar to the tort of defamation and not accepted in all jurisdictions.

About our guest...
Amy Gajda is recognized internationally for her expertise in privacy, media law, torts, and the law of higher education; her scholarship explores the tensions between social regulation and First Amendment values.

Gajda’s first book, The Trials of Academe (Harvard 2009), examines public oversight of colleges and universities and its impact on academic freedom. Her later work draws on insights from her many years as an award-winning journalist and focuses on the shifting boundaries of press freedoms, particularly in light of the digital disruption of traditional media and rising public anxieties about the erosion of privacy. Her second book, The First Amendment Bubble: How Privacy and Paparazzi Threaten a Free Press (Harvard 2015), explores these boundaries in the context of judicial oversight of journalistic news judgment. Gajda is presently at work on a third book, The Secret History of the Right to Privacy, under contract with Viking and slated to be published in 2021. Her upcoming book, tentatively titled The Secret History of the Right To Privacy will be published by Viking Press.
In Fall 2019, the American Law Institute appointed her to serve as an Adviser for its new Restatement on Defamation and Privacy, a multi-year project that begins in 2020.
You can hear Professor Gajda's take on the Hulk Hogan case, and its fallout, by clicking here.
-
As always, if you have any suggestions for an episode topic, please let us know!
You can email [email protected] or tweet @lawtofact.
-
Find us on Twitter, Instagram, and Facebook!
Review us on iTunes, your opinion matters!
-
Want to stay updated on all things Law to Fact?
Join our mailing list by visiting www.LawToFact.com.
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This episode is sponsored by Kaplan Bar Review. Getting ready for the bar exam means you’ll need to choose the study program that’s right for you. Kaplan Bar Review will get you ready to take on test day with confidence by offering $100 off live and on-demand Bar Review with offer code Leslie100.
Visit kaplanbarreview.com today to sign up.